SUPERSEDEAS BOND
U.S. Bankruptcy Court for the Southern District of New York
U.S. Bankruptcy Court for the Southern District of New York
(a) A supersedeas bond, where the judgment is for a sum of money only, shall be in the amount of the judgment, plus interest at a rate consistent with 28 U.S.C.§ 1961, and $250 to cover costs and such damages for delay as may be awarded. The parties may waive the supersedeas bond by stipulation. (b) When the stay may be effected as of right solely by the giving of the supersedeas bond, but the judgment or order is not solely for a sum of money, the Court, on notice, shall fix the amount of the bond. In all other cases, the Court may, on notice, grant a stay on such terms as to security and otherwise as it may deem proper.
(c) On approval, a supersedeas bond shall be filed with the Clerk, and a copy thereof, with notice of filing, promptly served on all parties affected thereby. If the appellee raises objections to the form of the bond or to the sufficiency of the surety, the Court shall hold a hearing on notice to all parties. Comment This rule is derived from Former Local Bankruptcy Rule 8005-1 and was renumbered in 2014 to conform to the 2014 amendments to Part VIII of the Bankruptcy Rules. In 2017, this rule was amended to clarify conformance with 28 U.S.C. § 1961.
72 Rule 8009-1 RECORD ON APPEAL (a) (b) Furnishing and Transmitting Record on Appeal. Except as provided in subdivision (b) of this rule, a party filing a designation of items to be included in a record on appeal must attach to the designation a copy of each designated item that does not appear on the Court docket and file it on the CM/ECF system. Documents of Unusual Bulk or Weight and Physical Exhibits. Documents of unusual bulk or weight and physical exhibits shall remain in the custody of the attorney producing them, who shall permit their inspection by any party for the purpose of preparing the record on appeal and who shall be charged with the responsibility for their safekeeping and transportation to the appellate court.
Comment This rule is derived from Former Local Bankruptcy Rule 8007-1 and was renumbered to conform to the 2014 amendments to Part VIII of the Bankruptcy Rules. In 2016, this comment was edited to clarify that any disputes relating to the content of the record on appeal shall be decided in accordance with Bankruptcy Rule 8009(e). In 2017, this rule was amended to clarify the procedure for furnishing and transmitting a record on appeal. No substantive change is intended.
Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.