Balke et al

Filing 30

ORDER entered: The court denies the appellants' motion for a stay under Rule 8007, without prejudice to consideration of an appeal from any decision of the bankruptcy court on the motion for a stay. The court orders the appellants to appear before the bankruptcy court to move for a stay of the sale. The appellants' motion for a stay is denied. (Docket Entry No. 28). (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
THOMAS E. BALKE, TEBJES INC.
d/b/a BASIC EQUIPMENT and
ULTRAWAVE TECHNOLOGY
FOR EMULSION CONTROL, LLC
d/b/a ULTRATEC, LLC,
Appellants,
v.
DON B. CARMICHAEL, KK & PK
FAMILY, L.P., BARRY D. WINSTON,
and GARY EMMOTT,
Appellees.

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August 06, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-731

ORDER
The appellants, Balke, Basic Equipment, and Ultratec, have filed an emergency motion to
stay the sale of property seized to execute the bankruptcy court’s judgment in the bankruptcy
adversary proceeding. (Docket Entry No. 28). Under Federal Rule of Civil Procedure 62(b), a
party may receive a stay pending appeal of a money judgment as a matter of right if that party
posts a sufficient supersedeas bond. FED. R. CIV. P. 62(b); Hebert v. Exxon Corp., 953 F.2d 936,
938 (5th Cir. 1992); see also FED. R. BANKR. P. 7062. The appellants have not posted a bond. A
stay is also permitted under Federal Rule of Bankruptcy Procedure 8007, which leaves to the
court’s discretion whether to grant a stay of a bankruptcy court’s order pending appeal. FED. R.
BANKR. P. 8007. Before seeking relief in the district court under Rule 8007, “a party must move
first in the bankruptcy court” or “show that moving first in the bankruptcy court would be
impracticable.” FED. R. BANKR. P. 8007(a)(1)(A), (b)(2)(A). Because the court concludes that
Balke and Basic Equipment have not shown that moving in the bankruptcy court would be

impracticable, the court denies the appellants’ motion for a stay under Rule 8007, without
prejudice to consideration of an appeal from any decision of the bankruptcy court on the motion
for a stay.
The court orders the appellants to appear before the bankruptcy court to move for a stay of
the sale. The appellants’ motion for a stay is denied. (Docket Entry No. 28).
SIGNED on August 6, 2019, at Houston, Texas.
_______________________________________
Lee H. Rosenthal
Chief United States District Judge

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