discharge bar in Louisiana

1965And if, and when the judgment be revived, the creditor should thereafter seek to subject any property not affected by the lien or judgment, or not in the hands of the court, or not otherwise subject thereto, to the payment of the judgment, then the bankrupt would have such right as his discharge under the bankrupt law gives, and he could invoke the discharge as a bar to such attempt’ ” In Jaubert Bros. v. Landry, 15 So.2d 158 (La.App.lst Cír. 1943), in affirming the trial court’s judgment, the Court said at page 160: “There was judgment below reviving the judgment against Lindsey J.

1965And if, and when the judgment be revived,' the creditor should thereafter seek to subject any property not affected by the lien or judgment, or not in the hands of the court, or not otherwise subject thereto, to the payment -of the judgment, then the bankrupt would have such right as his discharge under the bankrupt law gives, and he could invoke the discharge as a bar to such attempt.” At 34 T.L.R. 776, it is stated: “ * * * the Louisiana Supreme Court has indicated in dicta that a discharge in bankruptcy will vitiate the future effects of a judicial mortgage, to the extent that it will not a

1972They also require the discharge to be pleaded prior to judgment. * * * ” 232 So.2d at 851 .

1966On this basis it is contended that the discharge relieved defendants of all personal liability for the debt on authority of Louisiana Machinery Company v. Passman, La.App., 158 So.2d 419 , and League Central Credit Union v. Warman, La.App., 143 So.2d 241 , and that defendants are entitled to plead the discharge in bar of execution of the judgment notwithstanding their failure to plead their release in the suit in which plaintiff obtained the judgment in question.

1966On this basis it is contended that the discharge relieved defendants of all personal liability for the debt on authority of Louisiana Machinery Company v. Passman, La.App., 158 So.2d 419 , and League Central Credit Union v. Warman, La.App., 143 So.2d 241 , and that defendants are entitled to plead the discharge in bar of execution of the judgment notwithstanding their failure to plead their release in the suit in which plaintiff obtained the judgment in question.

1965Our holding in the case of Marks v. Demarest, Recorder of Mortgages and King for Toys, Inc., La.App., 174 So.2d 160 , handed down this day, is to the same effect.

1965And if, and when the judgment be revived,' the creditor should thereafter seek to subject any property not affected by the lien or judgment, or not in the hands of the court, or not otherwise subject thereto, to the payment -of the judgment, then the bankrupt would have such right as his discharge under the bankrupt law gives, and he could invoke the discharge as a bar to such attempt.” At 34 T.L.R. 776, it is stated: “ * * * the Louisiana Supreme Court has indicated in dicta that a discharge in bankruptcy will vitiate the future effects of a judicial mortgage, to the extent that it will not a

1965And if, and when the judgment be revived,' the creditor should thereafter seek to subject any property not affected by the lien or judgment, or not in the hands of the court, or not otherwise subject thereto, to the payment -of the judgment, then the bankrupt would have such right as his discharge under the bankrupt law gives, and he could invoke the discharge as a bar to such attempt.” At 34 T.L.R. 776, it is stated: “ * * * the Louisiana Supreme Court has indicated in dicta that a discharge in bankruptcy will vitiate the future effects of a judicial mortgage, to the extent that it will not a

1931Apparently, all that plaintiff did was to delay a rather long time in bringing suit, but no harm can be said to have come to the surety therefrom, and “mere inaction on the part of the creditor does not discharge the surety.” Pharr v. McHugh & Vinson et al., 32 La.