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"); 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)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.
J.
cc: Hon. Timothy C. Williams, District Judge
Daniel J. Albregts, Ltd.
Lewis Roca Rothgerber LLP/Las Vegas
Wright, Finlay & Zak, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) I.947A ugetroa