Motion
for Summary Judgment Gets Granted –
Client
Received 4 Million Dollar Nondischargeable Judgment in Bankruptcy
Court
Mr. Flores and Mr. Schurr were able to obtain a victorious nondischargeable
judgment for their client, Red Oak MOB Partnership, LTD., March 10,
2006, in the United States Bankruptcy Court for the Southern District
of Texas, Houston Division. The subject matter of the March lawsuit
arose out of a previous judgment that Mr. Flores obtained against
James E. Floyd, in the Dallas County District Court. The determination
in that case was in favor of Scheef & Stone’s client, resulting
in the principal sum of $2, 078,855.00 plus prejudgment interest in
the amount of $166,536.85 plus exemplary damages in the sum of $2,000,000
plus post judgment interest at the rate of five percent per year from
the date of the judgment. Mr. Floyd subsequently filed for protection
under the Chapter 11 of the Bankruptcy Code, which was later converted
to a Chapter 7 case, on August 3, 2005. The Scheef and Stone attorneys
filed a complaint to determine the dischargeability of the Judgment
in October of 2005, and a motion for summary judgment based on the
finality of the Judgment pursuant to the Rocker-Feldman doctrine,
resulting in their client, Red Oak MOB Partnership, LTD., obtaining
the nondis-chargeable judgment. March 10th may have been an ordinary
day for most of us, but for Mr. Flores and Mr. Schurr, it was a final
victory for their client, when the Court granted the motion for summary
judgment, awarding their client a $4 million dollar Judgment that
was nondischargeable pursuant to the Bankruptcy Code. Throughout the
process, both Mr. Flores and Mr. Schurr persevered until they did
everything in their power to accomplish their client’s objective.