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GENERAL MOTORS ACCEPTANCE CORP. v. SMITH

No. 11945.

399 So.2d 1285 (1981)

GENERAL MOTORS ACCEPTANCE CORPORATION v. Allen P. SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

June 2, 1981.

Attorney(s) appearing for the Case

Tucker & Schonekas, Arthur S. Mann, III, New Orleans, for plaintiff-appellee.

John L. Dorsey, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and KLIEBERT, JJ.

REDMANN, Judge.

Louisiana's statutory "public policy," that "can not, and shall not be waived by a debtor," La.R.S. 13:4107, is that a debt "shall stand fully satisfied and discharged insofar as it constitutes a personal obligation of the debtor," R.S. 13:4106, whenever the creditor sells the debtor's property other than by judicial sale with appraisement.1

The question on this appeal is whether that policy, which expressly prohibits...

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