Stanford et al v. ServisFirst Bank
Appellant: Robert Fletcher Stanford, Sr and Frances Sharples Stanford
Appellee: ServisFirst Bank
Case Number: 2:2019cv01901
Filed: November 21, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Annemarie Carney Axon
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2020 Filing 15 RESPONSE to Motion re #13 MOTION to Stay Motion for Order Granting a Stay of Judgment and for the Approval of a Bond or Other Security filed by ServisFirst Bank. (Attachments: #1 Exhibit 01.Excerpts from Proof of Claim of ServisFirst Bank, #2 Exhibit 02. DIP Order, #3 Exhibit 03. Sale Motion, #4 Exhibit 04. Bid Order, #5 Exhibit 05. Sale Order, #6 Exhibit 06. Motion to Amend, #7 Exhibit 07. Motion to Stay, #8 Exhibit 08. Objection to Stay, #9 Exhibit 09. Declaration by David Lee, Vice President of ServisFirst Bank, #10 Exhibit 10. The Stanfords' Memorandum and Brief in Support of Motion for Stay Pending Appeal, #11 Exhibit 11. Bond Order, #12 Exhibit 12. Motion to Compel, #13 Exhibit 13. Median Time for Appeal Calculations)(McCartney, William)
January 10, 2020 Opinion or Order Filing 14 TEXT ORDER. Appellee ServisFirst Bank may file a response, on or before January 17, 2020, to Appellants' #13 motion for a stay and approval of a bond or other security. The response must be limited to fifteen pages. Signed by Judge Annemarie Carney Axon on 1/10/2020. (RLW)
January 10, 2020 Filing 13 MOTION to Stay Motion for Order Granting a Stay of Judgment and for the Approval of a Bond or Other Security by Frances Sharples Stanford, Robert Fletcher Stanford, Sr. (Garfield, Frederick)
January 10, 2020 Opinion or Order Filing 12 TEXT ORDER. The record on appeal in this case was filed in this court on January 8, 2020. Under Federal Rule of Bankruptcy Procedure 8018(a), Appellants' initial brief and appendix are due on or before February 7, 2020. Appellee's response brief is due on or before March 9, 2020. If necessary, Appellee may serve and file an appendix with its response brief. Appellants' reply brief, if necessary, must be filed on or before March 23, 2020. The parties should submit courtesy copies of any filings longer than 15 pages to the Clerk's Office. Courtesy copies must be securely bound in a three-ring binder or large clip for ease of use and to prevent inadvertent loss of pages. In addition, all pages submitted in the courtesy copy must be three-hole punched. Signed by Judge Annemarie Carney Axon on 1/10/2020. (RLW)
January 9, 2020 Filing 11 SUPPLEMENTAL CERTIFICATE OF RECORD ON APPEAL (Attachments: #1 Doc 201 - 10/2/19 transcript, #2 Doc 217 - 6/12/19 transcript, #3 Doc 218 - 8/12/19 transcript)(KEK)
January 8, 2020 Filing 10 CERTIFICATE OF RECORD ON APPEAL. (Attachments: #1 19-01844 docket sheet, #2 19-01846 docket sheet, #3 Doc 141 Order granting re bidding procedures, #4 Doc 166 - Order denying motion to alter, #5 Doc 176 - Notice of appeal, #6 Doc 177 - Motion to stay, #7 Doc 189 - Designation, #8 Doc 204 - Order on motion to stay, #9 Doc 205 - Appellee designations, #10 Debtors bankruptcy petition, #11 Appellant designation debtors motion to authorize, #12 Appellant designation order granting motion to authorize, #13 Appellant designationfinal order, #14 Appellant designation debtors motion for order, #15 Appellant designation order granting motion, #16 Appellant designation debtors motion to amend, #17 Appellant designation ServisFirst Banks objection, #18 Appellant designation Debtors reply, #19 Appellant designation Order denying motion, #20 Appellant designation Notice of appeal, #21 Appellant designation motion for stay, #22 Appellee designation Doc 36, #23 Appellee designation Doc 37, #24 Appellee designation Doc 38, #25 Appellee designation Doc 39, #26 Appellee designation Doc 40, #27 Appellee designation Doc 41, #28 Appellee designation Doc 42, #29 Appellee designation Doc 43, #30 Appellee designation Doc 44, #31 Appellee designation Doc 46, #32 Appellee designation Doc 48, #33 Appellee designation Doc 72, #34 Appellee designation Doc 121, #35 Appellee designation Doc 170, #36 Appellee designation Doc 170-2, #37 Appellee designation Doc 192, #38 Appellee designation Doc 202, #39 Appellee designation Doc 204, #40 Appellee designation Proof of claim, #41 Appellee designation Proof of claim Part 1, #42 Appellee designation Proof of claim Part 2, #43 Appellee designation Proof of claim Part 3, #44 Appellee designation Proof of claim Part 4, #45 Appellee designation Proof of claim Part 7, #46 Appellee designation Proof of claim Part 8, #47 Appellee designation Proof of claim Part 9, #48 Appellee designation Proof of claim Part 10, #49 Appellee designation Proof of claim Part 11, #50 Appellee designation Proof of claim Part 12, #51 Appellee designation Doc 20, #52 Appellee designation Declaration of Robert Stanford, #53 Appellee designation Exhibit to declaration, #54 Appellee designation Doc 74, #55 Appellee designation Doc 177, #56 Appellee designation Doc 193, #57 10/23/19 transcript in 19-1844, #58 Notice of Intent, #59 Transcript redaction request, #60 10/23/19 transcript in 19-1846, #61 10/31/19 transcript in 19-1846)(KEK)
January 7, 2020 Opinion or Order Filing 9 TEXT ORDER finding as moot Appellants' #3 "Motion to Vacate or Modify Bankruptcy Court's Order Granting the Approval of a Bond or Other Security Provided to Obtain a Stay of Judgment." By its terms, the bankruptcy court's order granting a stay expired if Appellants failed to post a supersedeas bond by December 30, 2019. (Doc. 3 at 13). At the telephone conference held on January 7, 2020, Appellants stated that they had not posted the supersedeas bond required by the bankruptcy court. Accordingly, the bankruptcy court's order staying the property sale and requiring the Appellants to post a bond has expired, and Appellants' motion to vacate that order is MOOT. Signed by Judge Annemarie Carney Axon on 1/7/2020. (RLW)
January 7, 2020 Filing 8 NOTICE of Appearance by Robert P Reynolds on behalf of ServisFirst Bank (Reynolds, Robert)
January 7, 2020 Minute Entry for proceedings held before Judge Annemarie Carney Axon: Administrative Telephone Conference held on 1/7/2020. (SAC)
January 6, 2020 Filing 7 NOTICE of Corporate Disclosure by ServisFirst Bank (Walding, Brian)
January 6, 2020 Opinion or Order Filing 6 TEXT ORDER. On or before January 15, 2020, Appellee ServisFirst Bank must file a written response to Appellants' #3 motion to vacate or modify the bankruptcy court's order requiring payment of a supersedeas bond. Signed by Judge Annemarie Carney Axon on 1/6/2020. (RLW)
January 6, 2020 Filing 5 RESPONSE to Motion re #3 MOTION to Vacate or Modify Bankruptcy Court's Order Granting the Approval of a Bond or Other Security Provided to Obtain a Stay of Judgment filed by ServisFirst Bank. (Attachments: #1 Exhibit 1 - DIP Order [APC Bankruptcy Doc. No. 72], #2 Exhibit 2 - Stanford Declaration [Submitted at 5/31/2019 Hearing on DIP Loan], #3 Exhibit 3 - Industrial Lane Sale Motion [Stanford Bankruptcy Doc. No. 99], #4 Exhibit 4 - Bidding Procedures Order [Stanford Bankruptcy Doc. No. 121], #5 Exhibit 5 - Industrial Lane Sale Order [Stanford Bankruptcy Doc. No. 141], #6 Exhibit 6 - Stanfords Reply to Objection to Stay [Stanford Bankruptcy Doc. No. 194])(Walding, Brian)
January 3, 2020 Filing 4 NOTICE of Appearance by William E McCartney on behalf of ServisFirst Bank (McCartney, William)
December 30, 2019 Filing 3 MOTION to Vacate or Modify Bankruptcy Court's Order Granting the Approval of a Bond or Other Security Provided to Obtain a Stay of Judgment by Frances Sharples Stanford, Robert Fletcher Stanford, Sr. (Garfield, Frederick)
November 21, 2019 Filing 2 NOTICE - At the direction of the court, the parties are directed to comply with the provisions Federal Rule of Bankruptcy Procedure 8009. (KEK)
November 21, 2019 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 19-01846-TOM. File received, filed by Robert Fletcher Stanford, Sr, Frances Sharples Stanford. (Attachments: #1 Docket sheet, #2 Notice of appeal, #3 Order 141, #4 Order 166)(KEK)

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Appellant: Robert Fletcher Stanford, Sr
Represented By: Frederick M Garfield
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Appellant: Frances Sharples Stanford
Represented By: Frederick M Garfield
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Appellee: ServisFirst Bank
Represented By: Brian R Walding
Represented By: William E McCartney
Represented By: Robert P Reynolds
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