Legal Opinion
Davis v. Bank of Iberia (In Re Davis)
United States Bankruptcy Court, W.D. Louisiana
Decided February 23, 1989No. 19-30342PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
W. DONALD BOE, Jr., Bankruptcy Judge.
This Opinion concludes on cross motions for summary judgment that mortgage reformation, even though a “personal action” under Louisiana law, is not prohibited by the discharge in bankruptcy because it could not result in personal liability.
Plaintiffs Daniel and Joseph Davis are discharged debtors. They seek to have the Bank of Iberia enjoined from pursuing a state court action for reformation of a mortgage. Plaintiffs contend that under Louisiana law an action to reform a contract is a personal action even when applied to real estate and…
2Cases cited14 opinions
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
- Agurs v. HoltSupreme Court of Louisiana · 1957
- Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
- Bankr. L. Rep. P 71,503 Chandler Bank of Lyons v. David Jay Ray and Jerold E. BergerCourt of Appeals for the Tenth Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
- Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
- Keller v. CIT Group/Consumer Finance, Inc. (In Re Keller)United States Bankruptcy Court, S.D. Ohio · 1998
- Peebles v. Commercial Credit Corp. (In Re Peebles)United States Bankruptcy Court, W.D. Pennsylvania · 1996
- Hughes v. MTGLQ Investors, LP c/o CT Corporation System et aUnited States Bankruptcy Court, M.D. North Carolina · 2024