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DUPUIS v. HOMES

No. W87-555.

507 So.2d 886 (1987)

Steven J. DUPUIS v. Danman HOMES, et al. BELLEFONTE UNDERWRITERS INSURANCE COMPANY v. David R. DANIEL, et al.

Court of Appeal of Louisiana, Third Circuit.

June 5, 1987.

Attorney(s) appearing for the Case

Fazzio & Saitta, Anthony M. Fazzio, Lafayette, for applicant/plaintiff.

Jack P. Showers, Michael Zsembik, M. Blake Monrose, G. Frederick Seemann, Jeansonne & Briney, Patrick J. Brieny, Juneau, Hill, Judice, Hill & Adley, Kathleen F. Drew, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Keith M. Borne, Lafayette, for respondents.

Before FORET, LaBORDE and CULPEPPER, JJ.

WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in ordering the plaintiff to obtain a lifting of the Bankruptcy Court's automatic stay. If the defendant, Bellefonte Underwriters Insurance Co., wishes a trial on the matter, it is incumbent upon the defendant to motion the Bankruptcy Court to obtain a lifting of that court's automatic stay order. 11 U.S.C. Sec. 362. IT IS ORDERED that the trial court's judgment, ordering the plaintiff to obtain a lifting of the Bankruptcy...

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