Stay Pending Appeal; Bond; Suspending Proceedings

U.S Code last checked for updates: Feb 21, 2025

Rule 8007.

(a)

Initial Motion in the Bankruptcy Court.

(1)

In General. Ordinarily, a party must move first in the bankruptcy court for the following relief:

(A)

a stay of the bankruptcy court’s judgment, order, or decree pending appeal;

(B)

the approval of a bond or other security provided to obtain a stay of judgment;

(C)

an order suspending, modifying, restoring, or granting an injunction while an appeal is pending; or

(D)

an order suspending or continuing proceedings or granting other relief permitted by (e).

(2)

Time to File. The motion may be filed either before or after the notice of appeal is filed.

(b)

Motion in the District Court, BAP, or Court of Appeals on Direct Appeal.

(1)

In General. A motion for the relief specified in (a)(1)—or to vacate or modify a bankruptcy court’s order granting such relief—may be filed in the court where the appeal is pending.

(2)

Required Showing. The motion must:

(A)

show that moving first in the bankruptcy court would be impracticable; or

(B)

if a motion has already been made in the bankruptcy court, state whether the court has ruled on it, and if so, state any reasons given for the ruling.

(3)

Additional Requirements. The motion must also include:

(A)

the reasons for granting the relief requested and the facts relied on;

(B)

affidavits or other sworn statements supporting facts subject to dispute; and

(C)

relevant parts of the record.

(4)

Serving Notice. The movant must give reasonable notice of the motion to all parties.

(c)

Filing a Bond or Other Security as a Condition of Relief.1

 So in original. The heading probably should not be italicized.

The district court, BAP, or court of appeals may condition relief on filing a bond or other security with the bankruptcy court.

(d)

Bond or Other Security for a Trustee; Not for the United States.¹ The court may require a trustee who appeals to file a bond or other security. No bond or security is required when:

(1)

the United States, its officer, or its agency appeals; or

(2)

an appeal is taken by direction of any federal governmental department.

(e)

Continuing Proceedings in the Bankruptcy Court.¹ Despite Rule 7062—but subject to the authority of the district court, BAP, or court of appeals—while the appeal is pending, the bankruptcy court may:

(1)

suspend or order the continuation of other proceedings in the case, or

(2)

issue any appropriate order to protect the rights of all parties in interest.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)