18 Cited authorities

Pennzoil Co. v. Texaco Inc.
481 U.S. 1 (1987) Cited 2,258 times 1 Legal Analyses
Holding that a federal court may not enjoin execution of a state court judgment pending appeal of that judgment to a state appellate court
Hirschfeld v. Board of Elections
984 F.2d 35 (2d Cir. 1992) Cited 209 times
Holding that a party's delay in seeking an injunctive relief "severely undermines [its] argument that absent a stay irreparable harm w[ill] result"
In re Adelphia Communications Corporation
361 B.R. 337 (S.D.N.Y. 2007) Cited 120 times
Holding that "where the denial of a stay pending appeal risks mooting any appeal of significant claims of error, the irreparable harm requirement is satisfied"
In re Adelphia Communications Corp.
368 B.R. 140 (Bankr. S.D.N.Y. 2007) Cited 96 times 1 Legal Analyses
Holding that the Buyers in that case who had “put in $17.5 billion into this estate, and agreed to rework their agreements to take the Debtors' assets in a section 363 sale, when creditor feuding made it impossible to confirm the reorganization plan that the Buyers originally bargained for had provided substantial consideration”
In re Prudential Lines Inc.
928 F.2d 565 (2d Cir. 1991) Cited 148 times 1 Legal Analyses
Holding that contingent interest in carrying forward net operating loss to offset against future income is property of the estate
Texaco Inc. v. Pennzoil Co.
784 F.2d 1133 (2d Cir. 1986) Cited 168 times
Holding that a judgment-creditor's use of post-judgment attachment was state action
In re Chateaugay Corp.
94 F.3d 772 (2d Cir. 1996) Cited 88 times 1 Legal Analyses
Holding that federal government agencies have a common law right to interagency setoff
Beeman v. BGI Creditors' Liquidating Trust
772 F.3d 102 (2d Cir. 2014) Cited 35 times 6 Legal Analyses
Finding "no principled reason" why the doctrine of equitable mootness should not also apply in Chapter 11 liquidation proceedings where "substantial interests may counsel in favor of preventing tardy disruption of a duly developed, confirmed, and substantially consummated plan"
In re Country Squire Assoc. of Carle Place
203 B.R. 182 (B.A.P. 2nd Cir. 1996) Cited 51 times
Finding that irreparable injury would amount from the failure to stay a foreclosure sale of a single property encumbered by a mortgage, which was the sole security to the creditor's promissory note
Beeman v. BGI Creditors' Liquidating Trust (In re BGI, Inc.)
504 B.R. 754 (S.D.N.Y. 2014) Cited 20 times
Holding “[t]he lack of any one factor is not dispositive to the success of the motion....”
Section 363 - Use, sale, or lease of property
11 U.S.C. § 363 Cited 7,098 times 160 Legal Analyses
Granting trustee authority, after notice and hearing, to sell property of estate
Section 1101 - Definitions for this chapter
11 U.S.C. § 1101 Cited 1,804 times 6 Legal Analyses
Requiring only the “commencement of distribution under the plan”
Rule 8007 - Stay Pending Appeal; Bonds; Suspension of Proceedings
Fed. R. Bankr. P. 8007 Cited 418 times
Authorizing stay requests to the district court assuming such relief was first requested of the bankruptcy court or a request to the bankruptcy court would be impractical

In Re: LightSquared Inc.

18 Cited authorities

Holding that a federal court may not enjoin execution of a state court judgment pending appeal of that judgment to a state appellate court

Holding that a party's delay in seeking an injunctive relief "severely undermines [its] argument that absent a stay irreparable harm w[ill] result"

Holding that "where the denial of a stay pending appeal risks mooting any appeal of significant claims of error, the irreparable harm requirement is satisfied"

Holding that contingent interest in carrying forward net operating loss to offset against future income is property of the estate

Holding that a judgment-creditor's use of post-judgment attachment was state action

Holding that federal government agencies have a common law right to interagency setoff

Finding "no principled reason" why the doctrine of equitable mootness should not also apply in Chapter 11 liquidation proceedings where "substantial interests may counsel in favor of preventing tardy disruption of a duly developed, confirmed, and substantially consummated plan"

Finding that irreparable injury would amount from the failure to stay a foreclosure sale of a single property encumbered by a mortgage, which was the sole security to the creditor's promissory note

Holding “[t]he lack of any one factor is not dispositive to the success of the motion....”

Granting trustee authority, after notice and hearing, to sell property of estate

Requiring only the “commencement of distribution under the plan”

Authorizing stay requests to the district court assuming such relief was first requested of the bankruptcy court or a request to the bankruptcy court would be impractical