Warrington, PA asked in Bankruptcy for Pennsylvania

Q: I filed appeal to an Order Granting Relief from Automatic Stay in Brutpcy Court, Is the stay in effect pending appeal?

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps while your appeal is pending.

The court may condition the grant of a stay upon your posting of a bond.

At least in part, the grant of a stay pending appeal rests upon your showing of a "probability of success on the merits" of your appeal.

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