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MILLINGTON OAKS APARTMENT, Appellant, v. PAULA ANTWANETTE MILNER, Appellee.
ORDER GRANTING MOTION TO STAY
The Court is in receipt of the Motion to Stay Enforcement and Distribution of Judgment Funds Pending Appeal (Doc. 19) filed by Appellants Millington Oaks Apartments and Glankler Brown PLLC, by which appellants seek to prevent enforcement of a bankruptcy court sanctions judgment as requested by Appellee, who seeks to use the funds to service her ongoing bankruptcy proceedings. The Motion is GRANTED to the extent of a temporary stay of enforcement of the bankruptcy judgment pending briefing by Appellee and disposition by the Court. This stay includes, but is not limited to, precluding distribution of the $51,321.67 held by First Horizon Bank, as described in the Motion.
Appellee SHALL file her opposition to the Motion, if any, by no later than 5 p.m. of September 2, 2026. In addition to addressing the arguments in Appellants' Motion, Appellee SHALL address whether and, if so, on what terms, posting of a “bond or other security” may allow a stay of judgment—including whether and on what terms the continued restraint of the $51,321.67 held by First Horizon Bank suffices to support a stay. See Federal Rule of Bankruptcy Proceedings 8007(a)(1)((B); see also Federal Rule of Bankruptcy Proceedings 7062 (“Fed. R. Civ. P. 62 applies in an adversary proceeding—except that a proceeding to enforce a judgment is stayed for 14 days after its entry.”); Federal Rule of Civil Procedure 62.
Also on September 2, Appellants SHALL submit a proposed order approving a bond or other security. Appellee MAY submit a proposed order if it wishes to do so.
Appellants MAY file a Reply, limited to five pages, by September 4.
IT IS SO ORDERED, this 29th day of August, 2026.
BRIAN C. LEA UNITED STATES DISTRICT JUDGE
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Docket No: Case No. 2:26-cv-02260-BCL-atc
Decided: August 29, 2026
Court: United States District Court, W.D. Tennessee, Western Division.
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