This text of Fed. R. Bankr. P. 8007 (Stay Pending Appeal; Bond; Suspending Proceedings) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a)INITIALMOTIONINTHEBANKRUPTCYCOURT.
(1)In General. Ordinarily, a party must move first in the
bankruptcy court for the following relief:
(A)a stay of the bankruptcy court’s judgment, order, or
decree pending appeal;
(B)the approval of a bond or other security provided to
obtain a stay of judgment;
(C)an order suspending, modifying, restoring, or grant-
ing an injunction while an appeal is pending; or
(D)an order suspending or continuing proceedings or
granting other relief permitted by (e).
(2)Time to File. The motion may be filed either before or
after the notice of appeal is filed.
(b)MOTION IN THE DISTRICT COURT, BAP, OR COURT OF APPEALS
ONDIRECTAPPEAL.
(1)In General. A motion for the relief specified in (a)(1)—or
to vacate or modify a bankruptcy court’s order granting such
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(a) INITIALMOTIONINTHEBANKRUPTCYCOURT.
(1) In General. Ordinarily, a party must move first in the
bankruptcy court for the following relief:
(A) a stay of the bankruptcy court’s judgment, order, or
decree pending appeal;
(B) the approval of a bond or other security provided to
obtain a stay of judgment;
(C) an order suspending, modifying, restoring, or grant-
ing an injunction while an appeal is pending; or
(D) an order suspending or continuing proceedings or
granting other relief permitted by (e).
(2) Time to File. The motion may be filed either before or
after the notice of appeal is filed.
(b) MOTION IN THE DISTRICT COURT, BAP, OR COURT OF APPEALS
ONDIRECTAPPEAL.
(1) In General. A motion for the relief specified in (a)(1)—or
to vacate or modify a bankruptcy court’s order granting such
relief—may be filed in the court where the appeal is pending.
(2) Required Showing. The motion must:
(A) show that moving first in the bankruptcy court
would be impracticable; or
(B) if a motion has already been made in the bankruptcy
court, state whether the court has ruled on it, and if so,
state any reasons given for the ruling.
(3) Additional Requirements. The motion must also include:
(A) the reasons for granting the relief requested and the
facts relied on;
(B) affidavits or other sworn statements supporting facts
subject to dispute; and
(C) relevant parts of the record.
(4) Serving Notice. The movant must give reasonable notice of
the motion to all parties.
(c) Filing a Bond or Other Security as a Condition of Relief.1 The
district court, BAP, or court of appeals may condition relief on
filing a bond or other security with the bankruptcy court.
(d) Bond or Other Security for a Trustee; Not for the United States.1
The court may require a trustee who appeals to file a bond or
other security. No bond or security is required when:
(1) the United States, its officer, or its agency appeals; or
(2) an appeal is taken by direction of any federal govern-
mental department.
(e) Continuing Proceedings in the Bankruptcy Court.1 Despite Rule
7062—but subject to the authority of the district court, BAP, or
court of appeals—while the appeal is pending, the bankruptcy
court may:
(1) suspend or order the continuation of other proceedings in
the case, or
(2) issue any appropriate order to protect the rights of all
parties in interest.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.
Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)