IN THE SUPREME COURT OF THE STATE OF NEVADA

DAWN CHANDLER, INDIVIDUALLY No. 80547 AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, vs. Appellant, FILED KOSTER FINANCE LLC, JUN 1 7 2020 Res • ondent.

BY CLERK ORDER DISMISSING APPEAL Counsel for appellant has filed a notice of bankruptcy, informing this court that appellant Dawn Chandler has filed a Chapter 7 bankruptcy case in the United States Bankruptcy Court for the District of Nevada (Las Vegas), Case No. 20-12516-mkn. The filing of a bankruptcy petition operates to stay, automatically, the "continuation" of any "judicial . . . action . . . against the debtor." 11 U.S.C. § 362(a)(1). An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. See Ingersoll-Rand Fin. Corp. v. Miller Mining Co., Inc., 817 F.2d 1424 (9th Cir. 1987). It appears that appellant appeals from an attorney fee award entered against her below. Therefore, this appeal is stayed pursuant to the automatic stay provisions of federal bankruptcy law.

Given the applicability of the automatic stay, this appeal may linger indefinitely on this court's docket pending final resolution of the bankruptcy proceedings. Accordingly, we conclude that judicial efficiency will be best served if this appeal is dismissed without prejudice. 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

.2,0- VIAPIY further conclude that such dismissal will not violate the bankruptcy stay.' See Indep. Union of Flight Attendants v. Pan Arn. 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 the statute [11 U.S.C. §362(a)j; Dean v. Trans World Airlines, Inc., 72 F.3d 754, 755 (9th Cir. 1995) (holding that a post-bankruptcy petition 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).

Accordingly, we dismiss this appeal. This dismissal is without prejudice to appellanes right to move for reinstatement of this appeal within 90 days of either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings, if appellant deems such a motion appropriate at that time.

It is so ORDERED.

J Parraguirre

• , J. , J.

Hardesty Cadish

1The automatic stay provides a debtor "with protection against hungry creditore and gives the debtor a "breathing spell from its creditors" by stopping all collection efforts. Dean v. Trans World Airlines, Inc., 72 F.3d 754, 755 (9th Cir. 1995). Further, it assures creditors "that the debtor's other creditors are not racing to various courthouses to pursue independent remedies to drain the debtor's assets." Id. at 755-56.

cc: Hon. Jacqueline M. Bluth, District Judge Stephen E. Haberfeld, Settlement Judge Kazerouni Law Group, APC Sklar Williams LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I947A ,44P9,9