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SCARBOROUGH v. DUKE

No. 87-725.

532 So.2d 361 (1988)

Loy SCARBOROUGH and Hess Curry and The American Bank and Trust Company in Monroe, Plaintiffs-Appellees, v. John A. DUKE, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1988.

Attorney(s) appearing for the Case

Norman Magee, Ferriday, James A. Hobbs, West Monroe, Chet D. Traylor, Winnsboro, Irving Ward-Steinman, Alexandria, for plaintiffs-appellees.

Charles J. Schrader, Houma, Patrick L. Durusau, Jena, for defendant-appellant.

James E. Wright, Jr., New Orleans, for bankruptcy trustee.

Bienvenu & Culver, P.A. Bienvenu, New Orleans, for defendant.

Before GUIDRY, FORET and STOKER, JJ.

STOKER, Judge.

We consider in this case the question of whether a plaintiff's action is saved from being considered abandoned under LSA-C. C.P. art. 561 because the plaintiff files a petition in bankruptcy.1 Stated in other words, does the automatic stay provision of 11 U.S.C. § 362 operate to interrupt the running of the five-year period provided in Article 561 so that, if during that period no action is taken in prosecution or defense...

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