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IN RE: JOEL M. HANDEL Debtor. HSBC BANK USA, f/k/a MARINE MIDLAND BANK, Appellant, v. JOEL M. HANDEL, Appellee.

Appeal from the United States Bankruptcy Court for the District of Massachusetts (Hon. Henry J. Boroff, U.S. Bankruptcy Judge)

ORDER

Votolato, Chief Judge.

Before the Bankruptcy Appellate Panel is Appellant, HSBC Bank USA's Motion for a Stay Pending Appeal. Upon consideration of the motion and the objection filed by the Debtor/Appellee, we find that the Movant has failed to establish that it will suffer irreparable injury if the stay is not granted. Eck v. Dodge Chemical Co. (In re Power Recovery Sys., Inc.), 950 F.2d 798, 804 n. 31 (1st Cir. 1991); In re Miraj Sons, Inc., 201 B.R. 23, 26 (Bankr.D.Mass. 1996). Accordingly, the Motion for Stay Pending Appeal is DENIED.

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IN RE HANDEL, (B.A.P. 1st Cir. 2000)
(Jan 12, 2000)