VI. Stay Pending Appeal
| Jurisdiction | North Carolina |
VI. STAY PENDING APPEAL
Filing a notice of appeal does not serve to stay the order being appealed. Likewise, a direct appeal to the circuit court does not stay the operation of the order on appeal. 28 U.S.C. § 158(d)(2) (D). Accordingly, entry of an order for stay pending appeal is often necessary to avoid prejudicing the rights of the appealing party or mooting the appeal. The stay will ordinarily be granted only upon a motion, which must be made in the first instance to the bankruptcy court pursuant to...
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