Legal Opinion

Custom Financing, Inc. v. Thibodaux

Louisiana Court of Appeal

Decided June 28, 1974No. 4573Published

1Opinion of the Court

CULPEPPER, Judge.

The plaintiff finance company filed this suit as holder of a promissory note in the sum of $1,552.80 executed by defendants as makers. Defendants urge their discharge in bankruptcy as a defense. From an adverse judgment, plaintiff appealed.

The issues are: (1) Did plaintiff make the loan to defendants in reliance upon a materially false statement in writing respecting their financial condition made with intent to deceive, so as to fall within the exemption provided by the Federal Bankruptcy Act, 11 U.S.C.A. § 35(a)(2)? (d) Did defendants’ removal of the mortgaged household…

2Cases cited5 opinions

  1. Excel Finance Camp, Inc. v. TannerhillLouisiana Court of Appeal · 1962
  2. Dial Finance Company v. DuthuLouisiana Court of Appeal · 1966
  3. X-L Finance Co. v. LeDouxLouisiana Court of Appeal · 1968
  4. X-L Finance Co. v. AdamsLouisiana Court of Appeal · 1966
  5. X-L Finance Co. v. LewisLouisiana Court of Appeal · 1968

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