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Opinion 207

Case Name: 

In re Gibson Prods. Co., Inc.

Judge: 
U.S. District Court, Utah
Date: 
Sep-30-1986
Case Number(s): 
86C-0933
Status: 

APPEAL
Unpublished

Body: 

Debtor, which had sublet retail property from Albertson's, appealed the bankruptcy court's denial of its motion to extend its time to assume or reject the sublease. On appeal, debtor moved to both stay the bankruptcy court's order and enjoin Albertson's from alienating debtor's leasehold interest during the appeal. The district court determined that it had authority under Bankruptcy Rule 8005 to grant the relief debtor sought, and identified four factors that should be weighed in making a decision to either grant or deny such relief. Those factors are (1) irreparable injury to debtor, (2) likelihood of the appeal's success, (3) harm suffered by Albertson's, and (4) harm to the public interest. Based on its consideration of those factors, the district court determined that the bankruptcy court's order should be stayed, and Albertson's should be enjoined from transferring debtor's leasehold interest, while the appeal was pending.

Internal Ref: 
Opinion 207
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