Opinion
No. W87-555.
June 5, 1987.
APPEAL FROM 15TH J.D. COURT, PARISH OF LAFAYETTE, STATE OF LOUISIANA, HONORABLE DON AARON, JUDGE.
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.
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, Bellfonte Underwriters Insurance Co., wishes a trial on the matters, it is incumbent upon the defendant to motion the Bankruptcy Court to obtain a lifting of the court's automatic stay order. 11 U.S.C. § 362. IT IS ORDERED that the trial court's judgment, ordering the plaintiff to obtain a lifting of the Bankruptcy Court's stay order be vacated and set aside.