Socony Mobil Oil Co. v. Burdette

LANDRY, Judge.

This appeal by plaintiff, Socony Mobil Oil Company, Inc. (Appellant), is from judgment dismissing Appellant’s action to revive and reinscribe a judgment against defendant, Joseph R. Burdette (Debtor)-, which dismissal was predicated upon Debt- or’s plea of discharge in bankruptcy. We reverse.

The pivotal issue presented is who bears the burden of proof in an action to revive a judgment following the debtor’s discharge in bankruptcy ?

Relying on LSA-C.C. art. 3547 and LSA-C.C.P. art. 2031, Appellant contends a creditor is entitled to revive a judgment, notwithstanding an…