Judges of the Court
Rule 62 — B.R. 9024 — Motion for Stay Pending Appeal
Hilton v. Braunskill, 481 U.S. 770, 107 S.Ct.2113 (1987)
4 part test - all parts to be met with evidentiary showing
“Different rules of procedure govern the power of district courts and courts of appeals to stay an order pending appeal. See FRCP 62(c); Fed. Rule Ap. Proc. 8(a). Under both Rules, however, the factors regulating the issuance of a stay are generally the same (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. (cites omitted).”
In re Ho, 265 B.R. 603 (9th Cir. B.A.P. 2001)
A bankruptcy court retains jurisdiction to enter a stay pending appeal, and such motions must ordinarily first be brought in the bankruptcy court. Once the bankruptcy court has decided the stay issue, it may not reconsider the motion after the appeal is brought.