Summary:
The standard for a stay pending appeal requires a showing of all of the following:
(1) That the movant is likely to succeed on the merits;
(2) That the movant is likely to suffer irreparable harm in the absence of the injunction;
(3) That the balance of equities tips in his favor; and
(4) That the injunction is in the public interest.
Real Truth About Obama, Inc. v. FEC, 575 F.3d 342 (4th Cir. 2009) vacated on other grounds, 130 S. Ct. 2371 (2010). In this case, the appellant was being treated as fully secured in a feasible plan with a multi-million dollar equity cushion. Further, this case was a two-party dispute and the parties could, if the appeal was successful, return to a previous status quo, stay pending appeal was not appropriate.
For a copy of the opinion, please see:
Burcam Capital II, L.L.C.- Motion for Stay Pending Appeal.pdf
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