Legal Opinion

General Electric Credit Corp. v. Smigura

Louisiana Court of Appeal

Decided May 23, 1979No. 6963PublishedCited by 7 opinions

1Opinion of the Court

CULPEPPER, Judge.

This suit commenced with a petition by General Electric Credit Corporation to foreclose by executory process on a chattel mortgage on a mobile home. The defendant, Louis Ray Smigura, filed a petition to enjoin the seizure and sale on the grounds that he was not delinquent in the monthly payments on the note secured by the chattel mortgage, and that the enforcement of the debt was therefore premature. Defendant also filed a reconventional demand for damages for the wrongful seizure of his mobile home.

On July 5, 1978, the defendant obtained a temporary restraining order…

2Cases cited2 opinions

  1. First Nat. B. Bldg. Co., L. v. Dickson DennySupreme Court of Louisiana · 1943
  2. Personal Finance, Inc. v. SimmsLouisiana Court of Appeal · 1962

3Cited by7 opinions

  1. Ford Motor Credit Co. v. CorbelloLouisiana Court of Appeal · 1986
  2. Ford Motor Credit Co. v. BreauxLouisiana Court of Appeal · 1981
  3. John Deere Co. v. EamesLouisiana Court of Appeal · 1990
  4. General Electric Credit Corp. v. SmiguraSupreme Court of Louisiana · 1979
  5. Baker v. Newtek Small Business Finance, LLCDistrict Court, E.D. Louisiana · 2024

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