First Acadiana Bank v. Sandoz

OPINION

DUHE, District Judge.

This ruling concerns an appeal from the United States Bankruptcy Court pursuant to 28 U.S.C. § 158(a). For the reasons outlined below, the decision of the Bankruptcy Court in In re Guillory, 66 B.R. 8 (Bankr.W.D.La.1986) (Bernard, B.J.), is reversed.

THE ISSUE PRESENTED

This Court concurs with the Bankruptcy Judge’s determination that the facts of a recent Louisiana Court of Appeals decision are indistinguishable from those presented here. See Guillory, 66 B.R. at 9. That case, First Financial Bank v. Johnson, 477 So.2d 1267 (4th Cir.1985), holds that a mortgagee has…