Opinion
BAP No. MW 99-068
January 12, 2000
William M. Rossi-Hawkins of Phillips, Lytle, Hitchcock, Blaine Huber LLP, for Appellant.
Darragh K. Kasakoff, Robert S. Adler and Kevin C. McGee of Seder and Chandler and Jack E. Houghton, Jr., for Appellee.
Before VOTOLATO, DE JESUS and VAUGHN, U.S. Bankruptcy Judges
Appeal from the United States Bankruptcy Court for the District of Massachusetts (Hon. Henry J. Boroff, U.S. Bankruptcy Judge)
ORDER
Before the Bankruptcy Appellate Panel is Appellant, HSBC Bank USA's Motion for a Stay Pending Appeal. Upon consideration of the motion and the objection filed by the Debtor/Appellee, we find that the Movant has failed to establish that it will suffer irreparable injury if the stay is not granted. Eck v. Dodge Chemical Co. (In re Power Recovery Sys., Inc.), 950 F.2d 798, 804 n. 31 (1st Cir. 1991); In re Miraj Sons, Inc., 201 B.R. 23, 26 (Bankr.D.Mass. 1996). Accordingly, the Motion for Stay Pending Appeal is DENIED.