Nevada Supreme Court, 2014

Emery v. Wynn Las Vegas

Emery v. Wynn Las Vegas
Nevada Supreme Court · Decided October 24, 2014

Emery v. Wynn Las Vegas

Opinion

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"); 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 Emery's 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.

• Saitta

cc: Hon. Valerie Adair, District Judge Daniel J. Albregts, Ltd. Lawrence J. Semenza, III, P.C.

Eighth District Court Clerk

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