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Terms Used In Louisiana Revised Statutes 6:1123

  • Fiduciary: A trustee, executor, or administrator.

A.  The following actions shall not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of La. Rev. Stat. 6:1122:

(1)  The rendering of financial or other advice by a creditor to a debtor.

(2)  The consultation by a creditor with a debtor.

(3)  The agreement of a creditor to take or not to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under a prior credit agreement, or extending installments due under a prior credit agreement.

B.  A credit agreement shall not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.

Acts 1989, No. 531, §1.