In Re Jerry B. Barrier, Debtor. National Bank of Commerce v. Jerry B. Barrier

BY THE COURT:

Having reconsidered this court’s previous denial of relief to appellant National Bank of Commerce (NBC) and accompanying reasons therefor, we now issue a limited mandamus, requiring the district court to issue a stay of the bankruptcy court’s order confirming the debtor’s plan of reorganization (and all matters contained therein) and requiring the district court to hold a prompt hearing on the merits of the appeal of that confirmation. A brief explanation of our action is required. 1

Both parties have submitted briefs addressing the possible alternatives by which NBC may seek…