IN RE FAS MART CONVENIENCE STORES, INC.

Full title: In re: FAS MART CONVENIENCE STORES, INC., et al., Chapter 11, Debtor

Court: United States Bankruptcy Court, E.D. Virginia

Date published: Sep 20, 2002

Case No. 01-60386-DOT, Procedurally Consolidated (Bankr. E.D. Va. Sep. 20, 2002)

Opinion

Case No. 01-60386-DOT, Procedurally Consolidated

September 20, 2002

ORDER DENYING MOTION OF LEHMAN BROTHERS HOLDING, INC. FOR STAY PENDING APPEAL

DOUGLAS TICE, United States District Judge

This matter came before the Court on September 18, 2002 on the Motion of Lehman Brothers Holding, Inc. ("Lehman") for a Stay Pending Appeal (the "Stay Motion"). The Stay Motion seeks a stay pending the full and final resolution of its appeal to the District Court, and any subsequent appeals, of the Order entered September 12, 2002 (the "Sale Procedures Order") granting Part I of the Trustee's Motion for Entry of a Sale Procedures Order. Based upon the Motion, the Memorandum in Opposition filed by Keith L. Phillips, Chapter 11 Trustee, the evidence presented on September 12, 2002, and the arguments of counsel, the Court has determined that the relief sought in the Stay Motion is unwarranted. For the reasons stated on the record during the hearing on September 18, 2002, it is accordingly

ORDERED that the Stay Motion is Denied. It is further

ORDERED that the Clerk shall send copies of the Order as entered to counsel of record on the service list below.