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Bankruptcy Appeal (801) | Massachusetts
Order on Motion to Stay
Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered denying 45 Motion to Stay. Before this court is the Appellant's Emergency Renewed Motion Under Fed. R. Bankr. P. 8007(b) to Preserve Remaining Estate Funds and for Limited Interim Preservation and Disclosure Relief Pending Appeal, see also 47 , declaration, which the Trustee expeditiously opposed, 46 . The court denies what is ultimately the fourth emergency motion to stay without prejudice because contrary to the Appellant's claim, see 45 at 1, "circumstances...have [not] materially changed" since the court denied the third emergency motion to stay without prejudice. See 44 , the court's order on the third emergency motion to stay. See also 12 , Judge Talwani's order denying first emergency motion to stay in light of the order to show cause; 32 , Judge Talwani's order denying second emergency motion to stay in light of the Appellant's failure to show a substantial likelihood of success on the merits of her claims on appeal. By order dated August 24, 2026, the bankruptcy court deferred ruling on the Trustee's final report and applications for fees until it ruled on the Trustee's anticipated motion to dismiss #25-ap-01093-JEB. The bankruptcy court also deferred ruling on the Appellant's motion to stay in that court until it rules on the Trustee's final report. See #23-bk-10887-JEB, #441. Although the bankruptcy court has since granted the Trustee's motion to dismiss #25-ap-01093 with prejudice, see #25-ap-01083-JEB, #221, it has not ruled on the Trustee's final report. Thus the bankruptcy court also has not ruled on the Appellant's motion to stay in that court. This ruling is not to be construed as a recommendation that Judge Talwani revisit her prior ruling that the Appellant has not shown a substantial likelihood of success on the merits of her claims on appeal. It is not. (Ferguson, Kerry)
Before this court is the Appellant's Emergency Renewed Motion Under Fed. R. Bankr. P. 8007(b) to Preserve Remaining Estate Funds and for Limited Interim Preservation and Disclosure Relief Pending Appeal, see also 47 , declaration, which the Trustee expeditiously opposed, 46 . The court denies what is ultimately the fourth emergency motion to stay without prejudice because contrary to the Appellant's claim, see 45 at 1, "circumstances...have [not] materially changed" since the court denied the third emergency motion to stay without prejudice. See 44 , the court's order on the third emergency motion to stay. See also 12 , Judge Talwani's order denying first emergency motion to stay in light of the order to show cause; 32 , Judge Talwani's order denying second emergency motion to stay in light of the Appellant's failure to show a substantial likelihood of success on the merits of her claims on appeal. By order dated August 24, 2026, the bankruptcy court deferred ruling on the Trustee's final report and applications for fees until it ruled on the Trustee's anticipated motion to dismiss #25-ap-01093-JEB. The bankruptcy court also deferred ruling on the Appellant's motion to stay in that court until it rules on the Trustee's final report. See #23-bk-10887-JEB, #441. Although the bankruptcy court has since granted the Trustee's motion to dismiss #25-ap-01093 with prejudice, see #25-ap-01083-JEB, #221, it has not ruled on the Trustee's final report. Thus the bankruptcy court also has not ruled on the Appellant's motion to stay in that court.
This ruling is not to be construed as a recommendation that Judge Talwani revisit her prior ruling that the Appellant has not shown a substantial likelihood of success on the merits of her claims on appeal. It is not.
(Ferguson, Kerry)
Declaration
DECLARATION Pursuant to 28 U.S.C. § 1746 and Fed.R.Bankr.P.8013(d) by Sheila Coffin Harshman. (MAP)
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