Sunday, May 27, 2012

Emergency Motion to Stay Pending Appeal to 9th Circuit Court of Appeals-GRANTED Davies vs. Deutsche Bank


Here is the complete filing for an Emergency Motion to Stay pending Appeal. The 9th Circuit GRANTED THE STAY.
The process is somewhat complicated.
1) Initial filing to the 9th circuit. Denied without prejudice. Asked to present first to the 9th Bankruptcy Appellate Court (“BAP”).
2) Presented to BAP and it was denied. Not unusual since they would need to determine a likely probability of success. This goes to Neil’s statement that you should appeal to the district courts vs. the BAP.
3) Renewed Motion to 9th Circuit.
4) Deutsche Bank’s oppostion.
5) Reply to Opposition with RJN of BK docket and 3rd belated filing of a Motion for Relief from Stay. 10 days before Opening Brief.
6) Order by 9th Circuit GRANTING STAY WITHOUT ANY BOND.
Emergency Motion to Stay Pending Appeal to 9th Circuit Court of Appeals-GRANTED

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