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507 So. 2d 886

Dupuis v. Homes

Louisiana Court of Appeal

Decided June 5, 1987

Louisiana Court of Appeal · decided 1987-06-05

Applies 11 U.S.C. § 362

Decided 1987-06-05

¶1WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in ordering the plaintiff to obtain a lifting of the Bankruptcy Court’s automatic stay. If the defendant, Bellefonte Underwriters Insurance Co., wishes a trial on the matter, it is incumbent upon the defendant to motion the Bankruptcy Court to obtain a lifting of that court’s automatic stay order. 11 U.S.C. Sec. 362. IT IS ORDERED that the trial court’s judgment, ordering the plaintiff to obtain a lifting of the Bankruptcy Court’s stay order be vacated and set aside.

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