In Re Hoopai

MEMORANDUM OF DECISION ON MOTION TO RELEASE SUPERSEDEAS BOND

ROBERT J. FARIS, Chief Judge.

The question presented is whether the bankruptcy court has jurisdiction to reduce or discharge a supersedeas bond where an appeal is still pending from a prior order that provided for payment on the bond. Although the amount of the bond should be reduced, I hold that I cannot do so because the pending appeal deprives me of jurisdiction to grant the request.

The saga began when the debtor filed a chapter 13 bankruptcy petition a few days after a foreclosure auction of her property was held. 1 I ruled that…