(a) Automatic Stay of Judgment on Appeal. Unless the district court or BAP orders otherwise, its judgment is stayed for 14 days after entry.
(b) Stay Pending Appeal to the Court of Appeals.
(1) In General. On a party’s motion and notice to all other parties to the appeal, the district court or BAP may stay its judgment pending an appeal to the court of appeals.
(2) Time Limit. The stay must not exceed 30 days after the judgment is entered, except for cause shown.
(3) Stay Continued. If, before a stay expires, the party who obtained the stay appeals to the court of appeals, the stay continues until final disposition by the court of appeals.
(4) Bond or Other Security. A bond or other security may be required as a condition for granting or continuing a stay of the judgment. A bond or other security may be required if a trustee obtains a stay, but not if a stay is obtained by the United States or its officer or agency or at the direction of any department of the United States government.
(c) Automatic Stay of an Order, Judgment, or Decree of a Bankruptcy Court. If the district court or BAP enters a judgment affirming an order, judgment, or decree of the bankruptcy court, a stay of the district court’s or BAP’s judgment automatically stays the bankruptcy court’s order, judgment, or decree for the duration of the appellate stay.
(d) Power of a Court of Appeals Not Limited. This rule does not limit the power of a court of appeals or any of its judges to do the following:
(1) stay a judgment pending appeal;
(2) stay proceedings while an appeal is pending;
(3) suspend, modify, restore, vacate, or grant a stay or an injunction while an appeal is pending; or
(4) issue any order appropriate to preserve the status quo or the effectiveness of any judgment to be entered. (Added Apr. 25, 2014, eff. Dec. 1, 2014.)
added in current removed in current
Compared to current version (2025).
(a) Automatic Stay of a Judgment on Appeal. Unless the district court or BAP orders otherwise, its judgment is stayed for 14 days after its entry.
(b) Stay Pending an Appeal to the United States Court of Appeals.
(1) In General. On a party’s motion andwith notice to all other parties to the appeal, the district court or BAP may stay its judgment pending an appeal to the court of appeals.
(2) Time Limit. TExcept for cause, the stay must not exceed 30 days after the judgment is entered, except for cause shown.
(3) Stay Continu.
(3) Stay Continued When an Appeal Is Filed. If, before a stay expires, the party who obtained ithe stay appeals to thea court of appeals, the stay continues until final disposition by the court of appeals.
(4) Bond or Other Security. A bond or other security may be required as a condition for granting or continuing a stay of the judgment. A. If a trustee obtains a stay, a bond or other security may be required if a trustee obtains a stay, but not. But neither is required if a stay is obtained by the United States or its officer or agency, or at theby direction of any department of the United States government.
(c) Automatic Stay of anthe Bankruptcy Court ’ s Order, Judg - ment , or Decree of a Bankruptcy Court. If the district court or BAP enters a judgment affirming anthe bankruptcy court’s order, judgment, or decree of the bankruptcy court, a stay of the district court’s or BAP’s judgment automatically stays the bankruptcy court’s order, judgment, or decree for the duration ofwhile the appellate stay is in effect.
(d) Power of a Court of Appeals or Its Judges Not Limited. This rule does not limit the power of a court of appeals or any of its judges to do the following:
(1) stay a judgment pending appeal;
(2) stay proceedings while an appeal is pending;
(3) suspend, modify, restore, vacate, or grant a stay or an injunction while an appeal is pending; or
(4) issue any order appropriate to preserve the status quo or the effectiveness of any judgment tohat might be entered. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)