Legal Opinion · Dissent

Margaret Fisk Munro v. British American Oil Producing Co.

Louisiana Court of Appeal

Decided November 8, 2017No. 16-1057Published

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

  1. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  2. Wing v. N. O. Public Service, Inc.Louisiana Court of Appeal · 1931
  3. Holmes v. HendricksLouisiana Court of Appeal · 1926
  4. Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
  5. Wedgeworth v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1983

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