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BENEFICIAL FINANCE COMPANY OF LOUISIANA v. KRAMER

No. 4029.

270 So.2d 283 (1972)

BENEFICIAL FINANCE COMPANY OF LOUISIANA, Plaintiff-Appellant, v. Tom W. KRAMER, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 13, 1972.

Attorney(s) appearing for the Case

Shapiro & Shapiro by Alfred B. Shapiro, Alexandria, for plaintiff-appellant.

C. W. Berry, Jr., Oakdale, for defendant-appellee.

Before FRUGÉ, HOOD and MILLER, JJ.

MILLER, Judge.

Plaintiff Beneficial Finance Company appeals the annulment of the default judgment it obtained against defendant Tom W. Kramer. Defendant did not plead his discharge in bankruptcy. We reverse.

Defendant and his wife were adjudicated bankrupts on September 8, 1970. Beneficial Finance filed suit on a past due note on October 7, 1970. The formal discharge in bankruptcy was granted on November 6, 1970...

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