Straub v. Richardson
92 So. 3d 548
La. Ct. App.2012Background
- Straub filed a legal malpractice suit against Richardson on July 14, 2008 regarding Blue View’s enforcement suit and Straub’s 2006 bankruptcy proceedings.
- Blue View filed a petition against Straub on Aug 28, 2005, and Richardson was hired the same day to represent Straub.
- Blue View’s summary judgment was granted on Mar 6, 2006; Richardson sought reconsideration, but judgment against Straub followed on Apr 12, 2006; Straub faced foreclosure proceedings.
- Richardson terminated the attorney-client relationship with Straub in Nov 2006 due to nonpayment; Straub later engaged new counsel for a 2007 Chapter 13 bankruptcy, which is still pending.
- The trial court granted Richardson’s peremption exception under La. R.S. 9:5605 and dismissed Straub’s claims with prejudice; Straub appeals asserting § 108 of the Bankruptcy Code extends the peremption period for Chapter 13 debtors.
- The appellate court affirmed, holding § 108 does not extend peremption to Chapter 13 debtors and that Straub’s claims were timely within the state peremption framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 108 extends a Chapter 13 debtor’s time to sue for legal malpractice. | Straub argues § 108 applies to Chapter 13 debtors. | Richardson contends § 108 applies only to trustees, not debtors. | § 108 does not extend for Chapter 13 debtors. |
| Whether La. R.S. 9:5605 peremption bars Straub’s malpractice claims. | Straub claims discovery/knowledge dates toll the period. | 9:5605 peremption governs and runs from discovery or act, whichever first. | 9:5605 peremption governs; claims were time-barred. |
Key Cases Cited
- Estate of Carr ex rel. Carr v. U.S., 482 F.Supp.2d 842 (W.D. Tex. 2007) (preemption analysis in bankruptcy context under § 108)
- Stanley ex rel. Estate of Hale v. Trinchará, 579 F.3d 515 (5th Cir. 2009) (§ 108 extension for trustees discussed in bankruptcy malpractice)
- State v. Gonzalez-Perez, 997 So.2d 1 (La. App. 1st Cir. 2008) (presumption against preemption by federal law unless clear intent)
- Paternostro v. LaRocca, 813 So.2d 630 (La. App. 1st Cir. 2002) (peremption timely filing standards for malpractice actions)