Okon v. Ramjeg Real Estate et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In re: 	:
Renee Imeh Okon 	: 	Case no. 07-11470-PM
Chapter 13
:
Debtor.
____________________________________:
Renee Imeh Okon,
:
Plaintiff
:
v. 	Adv. Proc. No. 07-0284
:
Ramjeg Real Estate and
Joseph E. Godbout, 	:
Defendants. 	:
____________________________________________________________________________
Memorandum
Plaintiff filed a Motion for Stay of Order Pending Appeal on April 23, 2007. Upon
consideration of the motion, as well as Federal Rule of Bankruptcy Procedure 8005, the court
has determined to deny the Motion. In Long v. Robinson, 432 F.2d 977, 979 (4th Cir. 1970), the
court found that a party seeking a stay must show the following: “(1) that he will likely prevail
on the merits of the appeal, (2) that he will suffer irreparable injury if the stay is denied, (3) that
Date signed April 25, 2007
Entered: April 25, 2007 Case 07-00284 Doc 15 Filed 04/25/07 Page 1 of 2

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other parties will not be substantially harmed by the stay, and (4) that the public interest will be
served by granting the stay.” See also City of Alexandria v. Helms, 719 F.2d 699, 700 (4th Cir.
1983) (interpreting “irreparable injury”as meaning “more than any injury that cannot be wholly
recompensed or eradicated.”). 	Here, the court finds that it is unlikely that Plaintiff will prevail
on the merits of her appeal, that Plaintiff has not shown that she will suffer irreparable injury if
the stay is denied or that other parties will not be substantially harmed by the stay. In addition,
there is no indication that the public interest will be served by granting the requested stay. Given
these findings, the motion for a stay pending appeal is denied. An appropriate order will be
entered.
cc: 	Debtor
Defendants
Alan Kerxton, Esq.
Chapter 13 Trustee
End of Memorandum
Case 07-00284 Doc 15 Filed 04/25/07 Page 2 of 2