SUPERSEDEAS BOND – Amended December 1, 2017
(a) A supersedeas bond, where the judgment is for a sum of money only, shall be in the amount of the judgment, plus interest at a rate consistent with 28 U.S.C.§ 1961, and $250 to cover costs and such damages for delay as may be awarded. The parties may waive the supersedeas bond by stipulation.
(b) When the stay may be effected as of right solely by the giving of the supersedeas bond, but the judgment or order is not solely for a sum of money, the Court, on notice, shall fix the amount of the bond. In all other cases, the Court may, on notice, grant a stay on such terms as to security and otherwise as it may deem proper.
(c) On approval, a supersedeas bond shall be filed with the Clerk, and a copy thereof, with notice of filing, promptly served on all parties affected thereby. If the appellee raises objections to the form of the bond or to the sufficiency of the surety, the Court shall hold a hearing on notice to all parties.
This rule is derived from Former Local Bankruptcy Rule 8005-1 and was renumbered in 2014 to conform to the 2014 amendments to Part VIII of the Bankruptcy Rules.
In 2017, this rule was amended to clarify conformance with 28 U.S.C. § 1961.