asserting that their judgment against Merhav could not be discharged through bankruptcy.

As an initial matter, given that Merhav Development was dismissed by the final judgment entered below and that determination was not appealed, we agree that Merhav Development it is not a proper party to this appeal. Accordingly, we dismiss the appeal as to Merhav Development.

With regard to respondent Merhav, given the applicability of the automatic stay and the fact that no party has moved the bankruptcy court to lift that stay to allow this appeal to proceed, this appeal may linger indefinitely on this court's docket pending final resolution of the bankruptcy proceedings. We therefore conclude that judicial efficiency will be best served if this appeal is dismissed as to Merhav without prejudice to appellants' 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—such a dismissal will not violate the automatic 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, this appeal is dismissed without prejudice to SUPREME COURT OF NEVADA (0) 1947A 74014( appellants' right to move for reinstatement within 90 days of either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceeding.

It is so ORDERED.

Pickering

Parraguirre Saitta

cc: Hon. Susan Scann, District Judge Israel Kunin, Settlement Judge Law Offices of Michael F. Bohn, Ltd. Law Office of Richard L. Tobler, Ltd. Eighth District Court Clerk

SUPREME COURT OF NEVADA 1947A