Wymer v. Wymer (In Re Wymer)

GEORGE, Bankruptcy Judge,

concurring.

Although I also favor a vacation of our stay of March 3,1980,1 cannot bring myself to join in the reasoning of the instant order. I feel that it adopts an unwarranted, unjust, and dangerously inflexible procedural approach not intended by any of the federal rules cited by the majority.

On February 25, 1980, this Panel was faced with an extremely troubling dilemma. An appellant, who had failed to take advantage of the order of the trial court setting his supersedeas bond amount at $12,500 — an amount to which his counsel had originally stipulated — was…