MATTER OF O'CONNOR

No. 97-31283 Summary Calendar.

153 F.3d 258 (1998)

In the Matter of Mickey O'CONNOR, Debtor. Frank McGEE, Appellant, v. Mr. Hugh O'CONNOR, Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1998.


Attorney(s) appearing for the Case

Douglas S. Draper, Heller, Draper, Hayden & Horn, Deborah W. Fallis, Constant G. Marquer, III, Draper & Culpepper, New Orleans, LA, for McGee.

Mark A. Pivach, Belle Chasse, LA, for O'Connor.

Before DAVIS, DUHÉ and PARKER, Circuit Judges.


DUHÉ, Circuit Judge:

The district court affirmed the bankruptcy court's holding that two proofs of claim survived attacks that: (1) they were the result of a sham transaction, (2) former Article 1899 of the Louisiana Civil code defeats the claim, and (3) under Louisiana law, the debt on which the claims were premised was prescribed. The Trustee appeals. We affirm.

BACKGROUND

On September 29, 1982, Hugh and Elaine O'Connor ("Appellees"), Mickey...

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