Legal Opinion
In Re Red Mountain MacHinery Co.
United States Bankruptcy Court, D. Arizona
Decided June 2, 2011No. 2:09-bk-19166-RJHPublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER DENYING STAY PENDING APPEAL
RANDOLPH J. HAINES, Bankruptcy Judge.
Secured creditor Comerica Bank has appealed the Order confirming the Debtor’s First Amended Plan of Reorganization, and has moved for a stay pending appeal pursuant to Bankruptcy Rule 8005. The Court granted Comerica an emergency hearing on its motion, and the Debtor has objected to the stay pending appeal. After consideration of the memoranda and oral arguments, the Court denies the stay pending appeal.
Legal Standard for Stay Pending Appeal
It appears that even after the Supreme Court’s opinion in Nken, 1 the…
2Cases cited22 opinions
- Nken v. HolderSupreme Court of the United States · 2009
- Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
- In Re HockenberryUnited States Bankruptcy Court, S.D. Ohio · 2011
- In re Gardens Regional Hospital & Medical Center, Inc.United States Bankruptcy Court, C.D. California · 2017
- Fireman's Fund Ins. v. Plant Insulation Co.District Court, N.D. California · 2012
- DONALD HUGH NICHOLS and JANE ANN NICHOLSUnited States Bankruptcy Court, D. Arizona · 2020
1 more not listed; retrieve them via the Exa API.