D'Angelo v. Rand Development Corp. (In re Mastapeter)

D. JOSEPH DeVITO, Bankruptcy Judge.

The Court has considered the defendant/debtors’ motion to stay this Court’s order of December 9, 1985, 56 B.R. 413, pending appeal. Upon further deliberation, the motion is denied.

Federal Rule of Civil Procedure 62[c] states that the issuance of a stay pending appeal is a matter within the court’s sound discretion, considering the security of the rights of the adverse party. It has been certified to this Court that a tax lien in excess of $7,000 is on file and, further, interest payments as called for in a prior order of this Court have not been made.…