Motion for Stay Pending Appeal

General Information

Full information on the Appeals process

• There is generally a stay of execution upon judgments, order or decrees for a period of fourteen days after entry. However, this does not stay execution of a judgment, order or decree during the pendency of the appeal. A Request for Stay Pending Appeal must be filed in order to obtain this relief.

Filing Requirements

• Motion must be signed by the filing party.

• A Certificate of Service must accompany the Motion.

Step-by-Step Instructions

1. Log into CM/ECF

2. Select Bankruptcy > Appeal/Related Events

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

4. Select Stay Pending Appeal, Motion for from the event list. Click Next

5. Check box if jointly filing with another attorney, click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to select the Motion (pdf file).  Click Next

9. Check the appropriate box next to the Order to which your Motion relates and click Next

10. Enter additional text, if desired and click Next

11. 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 e-mailed to all participants who receive electronic notification in the case.

Curing Deficiencies

If the Motion for Stay Pending Appeal is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the Motion may be stricken.