In Re: David A. Hamby, Debtor.sara Townsend Holcomb, Plaintiff Appellee, v. David A. Hamby, Defendant Appellant, 25 F.3d 1039 (4th Cir. 1994)

David A. Hamby appeals from the district court's order denying his motion for a stay pending appeal of the bankruptcy court's order allowing a secured creditor to proceed with a foreclosure action. The district court had granted a stay conditional upon Hamby's posting of a surety bond in the amount of $25,000. See Bankr.R. 8005. It is undisputed that Hamby failed to post the required bond. Therefore, we affirm the district court's order denying the stay. In light of our decision on this appeal, Hamby's motion to expedite is moot. Therefore, we deny it. Hamby's motion for appointment of counsel and oral argument is hereby denied as well. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED