Alper v. Plise
This text of Alper v. Plise (Alper v. Plise) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Alper v. Plise, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alper-v-plise-nev-2013.