Kelley v. Guinn

KALISTE J. SALOOM, Jr., Judge Pro Tem.

The question presented in this appeal is whether the Sheriff of Rapides Parish may collect the costs of preparing for a judicial sale under a writ of fieri facias from the plaintiff in writ when the sale does not occur because of the automatic stay provisions of 11 U.S.C. Section 362.

FACTS

In May, 1989, defendants-appellees, Jimmie Guinn and his wife, Ava, filed suit against Lloyd Drewett for past due rent. They obtained a money judgment against Drewett and caused a writ of fieri facias to be issued upon certain property owned by Mr. Drewett.…