You are here

Motion for Stay Pending Appeal

Official Procedure Last Change August 11, 2017

Motion for Stay Pending Appeal / Withdrawal of Reference

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Stay Pending Appeal/Withdrawal of Reference, Motion for

  • FRBP 8007

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.
  • A Motion for Stay pending appeal can be filed and ruled on in Bankruptcy Court or in District Court. If filed in District Court, the Bankruptcy Court will be notified.

Filing requirements

  • Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • A proposed order must be uploaded

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Stay Pending Appeal/Withdrawal of Reference, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

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

9. Select prefix text, if applicable, and click Next.

10. 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.