without prejudice to their right to move for reinstatement upon either the
lifting of the bankruptcy stay or final resolution of the bankruptcy
proceedings.
Having considered appellants' most recent status report and
given the applicability of the automatic stay, this case may languish
indefinitely on this court's docket until the federal bankruptcy proceedings
are concluded. Under these circumstances, we conclude that judicial
efficiency will be best served if the appeal is dismissed without prejudice.
See Ingersoll-Rand Financial Corp. v. Miller Min. Co., 817 F.2d 1424, 1427
(9th Cir. 1987) (holding that an appellant/debtor was prevented from
proceeding with an appeal when it had filed for bankruptcy and no relief
from the automatic stay had been granted under 11 U.S.C. § 362(d)). This
dismissal is without prejudice to 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.
t-e-Q-42\ , J.
Hardesty
Parraguirre
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Eighth Judicial District Court Dept. 4
Nathaniel J. Reed, Settlement Judge
Edward J. Hanigan
Johns & Durrant, LLP
Eighth District Court Clerk
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