Margaret Fisk Munro v. British American Oil Producing Co.
Louisiana Court of Appeal
1DissentAmy, J.
hi respectfully dissent from the majority opinion as I would grant the instant writ application.
I first note that a panel of this court recently addressed the issue now before the court in Rideau v. Louisiana Farm Bureau Cas. Ins. Co., 16-225 (La.App. 3 Cir. 9/28/16), 201 So.3d 410-and .concluded that the automatic stay - of proceedings against a bankrupt debtor- provided in 11 U.S.C. § 362 does -not automatically extend to a bankrupt defendant’s non-bankrupt co-defendants. In Rideau, the plaintiff settled his personal injury claims as, to the tortfeasor and his insurer, but had outstanding…
2Cases cited18 opinions
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
- Wing v. N. O. Public Service, Inc.Louisiana Court of Appeal · 1931
- Holmes v. HendricksLouisiana Court of Appeal · 1926
- Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
- Wedgeworth v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1983
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