In re Swartout

MEMORANDUM DECISION AND ORDER DENYING MOTION FOR STAY PENDING APPEAL

Before the court is a Motion for Stay of Order Pending Appeal; Memorandum of Points and Authorities filed by Eamonn Foster on behalf of debtor Yolanda Christine Swartout. 1 Mr. Foster asks the court to stay the order dismissing this chapter 13 case pending an appeal of the dismissal order and a subsequent order denying a motion to reconsider and vacate the dismissal order. The dismissal order was entered on May 13, 2016. [Dkts. 85, 80]. The order denying the motion to reconsider and vacate the dismissal order was entered on June 24, 2016. [Dkts. 100, 99]. Mr, Foster appealed from both orders on June 27, 2016. [Dkt. 103].

For the reasons explained below, the motion for stay pending appeal will be denied. The court also determines that further argument will not assist it in the resolution of the motion and, thus, oral argument is unnecessary. See LBR 9014-1(h). The hearing on the motion set for July 19, 2016, is vacated and no appearance at that hearing is necessary.

Discussion

Stays pending appeal are governed by Federal Rule of Bankruptcy Procedure 8007(a), which states that “[o]rdinarily, a party must move…