You are here

Fitzgerald v. Delafield, et al. (In re Williams) (Case No. 15-71767, A.P. No. 16-07024) 5/14/2018

The defendants filed a motion for a limited stay of enforcement of a bankruptcy court order that revoked the privilege of Upright Law and certain other parties from filing or conducting cases in the Western District of Virginia for five years. The Court held that the defendants did not meet the burden under Rule 8007 to establish grounds for entry of a stay pending appeal as they did not demonstrate that they will likely prevail on the merits of the appeal, that they will suffer irreparable injury if the stay is denied, that other parties will not be substantially harmed by the stay and that the public interest will be served by granting the stay.  The Court denied the motion, but ordered that the temporary stay would remain in effect through a certain date, after which it shall be dissolved.

Monday, May 14, 2018
Burden of Proof