IN RE DAVIS

Bankruptcy Nos. 485-00884-LO-7, 485-01458-LO-7, Adv. No. 88AV-50050.

99 B.R. 732 (1989)

In re Daniel DAVIS, Joseph D. Davis and Evelyn Davis, Debtors. Daniel DAVIS and Joseph D. Davis, Plaintiffs, v. BANK OF IBERIA, Defendant.

United States Bankruptcy Court, W.D. Louisiana, Lafayette-Opelousas Division.

February 23, 1989.


Attorney(s) appearing for the Case

Gerard Wattigny, New Iberia, La., for Bank of Iberia.

Gerald Schiff, Opelousas, La., for Daniel and Joseph Davis.

Hugh Wm. Thistlethwaite, Jr., trustee, Opelousas, La., for Daniel Davis.

Robert P. Brenham, trustee, Lafayette, La., for Joseph Davis.


MEMORANDUM OPINION

W. DONALD BOE, Jr., Bankruptcy Judge.

This Opinion concludes on cross motions for summary judgment that mortgage reformation, even though a "personal action" under Louisiana law, is not prohibited by the discharge in bankruptcy because it could not result in personal liability.

Plaintiffs Daniel and Joseph Davis are discharged debtors. They seek to have the Bank of Iberia enjoined from pursuing a state court action for reformation...

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