Motion for Stay Pending Appeal

Last Updated: April 2, 2013

Filing Requirements:

  • Motion for Stay Pending Appeal

  • Notice of Motion with 14 day objection period. Notice is sent to interested parties.

  • Proof of Service

  • Proposed order  Instructions.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy> Motions/Applications] or [Adversary>Motions].

  3. Enter the case number (e.g, xx-xxxxx).

    (Reminder: if filing document in Adversary Proceeding, use Adversary Proceeding Case Number to file document, not main bankruptcy case number).

  4. Select [Stay Pending Appeal] from the event list.

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. Select the party filer.

  7. Enter "y or n" if the notice and proof of service are included with the motion.

    Note:  The motion, notice of motion, and proof of service may be a single PDF; or the Notice, supporting documents, and proof of service may be added as attachments to this document. The motion must be the first document in your PDF.

  8. Enter the date served (Ex. 01/16/2007)

  9. Accept objection date.

  10. Browse to select the Motion (.pdf file).

  11. Refer to existing event:  (the order being appealed).

  12. Modify the text as appropriate.

  13. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately emailed to all participants who receive electronic notification in the case.

  14. Submit proposed order. Instructions.

 

 

 

 

11 U.S.C.:
FRBP: 8005