Legal Opinion
In Re Capital West Investors
District Court, N.D. California
Decided April 12, 1995No. C-95-11MISC EFLPublishedCited by 5 opinions
1Opinion of the Court
ORDER DENYING STAY PENDING APPEAL
LYNCH, District Judge.
The United States of America, on behalf of the Department of Housing and Urban Development (“HUD”), seeks a stay pending appeal of a bankruptcy court order confirming the Debtor’s Plan of Reorganization under Chapter 11 of the Bankruptcy Code. At a March 24 hearing on the matter, the Court denied the United States’ motion for a discretionary stay, and submitted the question whether the United States is entitled to a stay as a matter of right. Whether an agency of the United States is entitled to such a stay from an order of the kind at…
2Cases cited18 opinions
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Robert Kenneth Dewey v. Reynolds Metals CompanyCourt of Appeals for the Sixth Circuit · 1970
- Federal Trade Commission v. Trw, Inc. And Its Unincorporated Division, Trw Credit DataCourt of Appeals for the D.C. Circuit · 1980
- Leray W. Hebert, Jr. v. Exxon Corporation, Trinity Industries, Inc. v. Ina of Texas v. Albany Insurance Company, in Re Albany Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
- National Labor Relations Board v. Hank WestphalCourt of Appeals for the Ninth Circuit · 1988
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3Cited by5 opinions
- Yankton Sioux Tribe v. Southern Missouri Waste Management DistrictDistrict Court, D. South Dakota · 1996
- Acton v. Fullmer (In Re Fullmer)United States Bankruptcy Court, D. Nevada · 2005
- Government Guarantee Fund v. Hyatt Corp.District Court, Virgin Islands · 1996
- Stephenson v. Rickles Electronics & Satellites (In Re Best Reception Systems, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1998
- Transpacific Steel LLC v. United StatesCourt of Appeals for the Federal Circuit · 2020