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Specialty Fin. Grp., LLC, v. Minor Family Hotels, LLC (In re Minor Family Hotels) (Case No. 10-62543; A.P. No. 10-06112) 10/12/2010

Debtor filed a motion to stay the Court’s previous remand order in this case pending appeal.  A motion for a stay pending appeal under Rule 8005 is an extraordinary remedy and requires a substantial showing on the part of the movant, who is the Debtor in this case.  A party seeking a stay pending appeal pursuant to the bankruptcy rules bears the burden of establishing: (1) the likelihood of success on the merits of the appeal, (2) that the movant will suffer irreparable injury if the stay is denied, (3) that no substantial harm will be suffered by the other parties if the stay is granted, and (4) that no harm to the public interest, if it is implicated, will be caused by granting the stay.  See In re Section 20 Land Grp., Ltd., 252 B.R. 819 (Bankr. M.D. Fla. 2000)).  The Court found that the Debtor, as the movant, did not meet its burden, and therefore, denied the motion for stay pending appeal.

Date: 
Tuesday, October 12, 2010
Category: 
Appeal
Burden of Proof
Chapter 7 Issues
Chapter: 
7