Fire Insurance Exch. v. Efficient Enterprises, Inc.
Fire Insurance Exch. v. Efficient Enterprises, Inc.
Opinion
status reports, to which respondent provided the same response as was contained in the first status report.
Given the applicability of the automatic stay and that the parties have not been successful in having the bankruptcy stay lifted to allow this appeal to proceed, this appeal may linger indefinitely on this court's docket pending final resolution of the bankruptcy proceedings.
Therefore, we conclude that judicial efficiency will be best served if this appeal is dismissed without prejudice to appellant's right to move to reinstate this appeal upon the lifting of the bankruptcy stay or final resolution of the bankruptcy proceeding. Because a dismissal without prejudice will not require this court to reach the merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such a dismissal will not violate the bankruptcy stay. See Dean v. Trans World Airlines, Inc., 72 F.3d 754, 756 (9th Cir. 1995) (holding that a post- bankruptcy dismissal will violate the automatic stay "where the decision to dismiss first requires the court to consider other issues presented by or related to the underlying case"); see also IUFA v. Pan Am. World Airways, Inc., 966 F.2d 457, 459 (9th Cir. 1992) (holding that the automatic stay does not preclude dismissal of an appeal so long as dismissal is "consistent with the purpose of [11 U.S.C. §362(a)1"). Accordingly, we dismiss this appeal.
It is so ORDERED.
DAL& , J.
SUPREME COURT Cherry OF NEVADA (0) 1947A 0 cc: Hon. David B. Barker, District Judge Salvatore C. Gugino, Settlement Judge Feldman Graf Marquiz Law Office Eighth District Court Clerk
SUPREME COURT OF NEVADA 10) 1947A s 45Do
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