Order | Filed: August 02, 2026
| Entered: August 02, 2026
IPG International Products Group, Inc. v. Annesser Armenteros PLLC
Bankruptcy Appeal (801) | Florida Southern
Order on Expedited Motion
PAPERLESS ORDER denying 15 Amended Expedited Motion for Stay Order Pending Appeal (the "Motion"). Rule 8005 "gives a district court the authority to issue a stay pending appeal of a bankruptcy court order," which is "a matter within its sound discretion." In re Phillps, 483 B.R. 254, 257 (M.D. Fla. 2012). "A motion for a stay pending appeal," like IPG's Motion here, "is an extraordinary remedy and requires a substantial showing on the part of the movant." In re Bifani, No. 8:12-BK-00562-MGW, 2014 WL 272920, at *2 (M.D. Fla. Jan. 23, 2014) (citation omitted).
"To obtain a stay, [IPG] must demonstrate: (1) that [it] is likely to prevail on the merits of [its] appeal; (2) that [it] will suffer irreparable injury if a stay or other injunctive relief is not granted; (3) that other parties will suffer no substantial harm if a stay or other injunctive relief is granted; and (4) in circumstances where the public interest is implicated, that the issuance of a stay will serve, rather than disserve, such public interest." Id.; In re Sanders, No. 16-CV-60118, 2016 WL 11785928, at *3 (S.D. Fla. Jan. 27, 2016). Importantly, IPG "must show 'satisfactory evidence on all four criteria, and the failure to satisfy one prong is fatal to the motion.'" In re Lickman, 301 B.R. 739, 742 (Bankr. M.D. Fla. 2003) (citation omitted). Because the motion for a stay was denied by the bankruptcy judge, [ECF No. 17-1], IPG carries the burden "to convince the district court or appellant panel that the bankruptcy judge was incorrect[.]" In re BGI, Inc., 504 B.R. 754, 761 (S.D.N.Y. 2014) (citation omitted). Here, the Court finds that IPG has not met its burden to be granted a stay. Accordingly, the Motion is DENIED. Signed by Judge Darrin P. Gayles on 8/2/2026. (ia00)