- Case No. 11-10354
ISSUE: Whether the debtors' payment on a prescribed claim through their chapter 13 plan renounced prescription.
RULING: The parties agreed that the claim of GC III, LLC and its agent Quantum3 Group, LLC ("GC") was prescribed under Louisiana's liberative prescriptive period of three years for an action on an open account. La. C.C. art. 3494. GC argued that the debtors' payments to it as an unsecured creditor under the chapter 13 plan either expressly or tacitly renounced prescription. The court noted that relevant case law required GC to prove that the renunciation was "clear, direct and absolute." Huckabee v. Sunshine Homes, Inc., 647 So.2d 409, 413 (La. App. 2d Cir. 1994). Finding that GC had not met this burden, the court held that prescription was not renounced and disallowed GC's claim as prescribed.