the bankruptcy stay. 1 See Indep. Union of Flight Attendants 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)"]; 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
a decision to dismiss requires the court to first consider other issues
presented by or related to the underlying case").
Cause appearing, we grant appellants' unopposed motion and
dismiss this appeal. This dismissal is without prejudice to the parties'
right to move for reinstatement of this appeal upon either the lifting of the
bankruptcy stay or final resolution of the bankruptcy proceedings. 2
It is so ORDERED.
Parraguirre
7r%le
Douglas
10 „ JJ .(4, -.0•11ft(2.41,
Cherry
'The automatic stay provides a debtor "with protection against
hungry creditors" and gives it 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) (internal quotation marks omitted). 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.
2 Any such motion to reinstate this appeal shall be filed within 60
days of the entry of the applicable order of the bankruptcy court.
SUPREME COURT
OF
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cc: Hon. Michael Villani, District Judge
Lansford W. Levitt, Settlement Judge
The Law Office of Dan M. Winder, P.C.
Michael R. Pontoni
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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(0) 1947A