FORET v. COLONIAL BANK

No. 10228.

374 So.2d 173 (1979)

Clarence P. FORET v. COLONIAL BANK.

Court of Appeal of Louisiana, Fourth Circuit.

July 30, 1979.


Attorney(s) appearing for the Case

Jacob L. Karno, Metairie, for plaintiff.

Robert T. Wakefield, Newman & Drolla, New Orleans, for defendant.

Before REDMANN, GULOTTA and STOULIG, JJ.


REDMANN, Judge.

After Colonial Bank's 1977 petition for the involuntary bankruptcy of Clarence P. Foret was dismissed for failure of at least two other creditors to join, Foret sued Colonial for malicious prosecution. Foret now appeals from summary judgment dismissing his suit.

Foret argues that Colonial's malice is shown by its having filed the bankruptcy petition with knowledge that it was disqualified to do so by 11 U.S.C. § 95(e)(3) because it "participated...

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