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Collection Litigation

During 2007, Mr. Emerson successfully prosecuted a claim resulting in denial of a debtor’s bankruptcy discharge pursuant to Section 727(a)(3) of the United States Bankruptcy Code. The matter is presently on appeal. The Cadle Company v. Hughes, Adv. No. 06-03264 sgj (Bankr. N.D. Tex 2006)

During 2007, Mr. Thomas and Mr. Emerson successfully prosecuted claims in a Federal District Court in Georgia on Notes that had become due during the 1980’s. Despite the limitations issues, a sizable settlement was reached in favor of the creditor.

During 2006, the Firm was retained to pursue collection efforts on a commercial judgment rendered in Houston, Texas in 2001. The Firm’s collection efforts, including the filing of fraudulent transfer claims, have yielded collection of amounts in excess of $300,000 on the judgment to date.

During 2005, Mr. Emerson was retained to pursue collection efforts on a civil judgment for amounts in excess of $500,000 rendered in a Denton County state court. As of 2008, the Firm’s continuing collection efforts in multiple proceedings against the judgment debtors and numerous third parties have been instrumental in collecting over $400,000 on the judgment from multiple sources.

During 2005, Mr. Emerson successfully prosecuted a claim, through trial of the matter, resulting in a denial of debtors’ bankruptcy discharge pursuant to Section 727(a)(2) of the United States Bankruptcy Code. The Cadle Company v Guenther, 333 B.R. 759 (Bankr. N.D. Tex 2005)

During 2004, Mr. Thomas and Mr. Emerson represented The Cadle Company in obtaining the denial of debtors' discharge in bankruptcy based upon fraudulent misrepresentations and omissions. This was reviewed by the TEXAS LAWYER as one of the significant bankruptcy decisions of 2004. The Cadle Company v. Mitchell, 102 Fed.Appx., 860 (5th Cir. 2004).

During 2001, Mr. Emerson and Mr. Thomas represented The Cadle Company in obtaining denial of a debtor's discharge based upon inadequate documentation substantiating the debtor's financial transactions. The decision was subsequently affirmed by the Fifth Circuit Court of Appeals. The Cadle Company v. Terrell, 47 Collier Banker. Cas. 2d (MB) 728, (N.D.Tex. 2001), aff'd., 46 Fed.Appx. 731 (5th Cir. 2002).

During 2000 and 2001, Mr. Emerson represented Chilmark Financial Company, a New York based business organization, in obtaining denial of a debtor's discharge in bankruptcy based upon fraud. The judgment was affirmed by the Fifth Circuit Court of Appeals in New Orleans Sholdra v. Chilmark Financial Corporation, 249 F.3d 380 (5th Cir.), cert. den., 534 U.S. 1042 (2001).

During 1999, Mr. Emerson represented the FDIC in FDIC v. Donna A. White, et al., in a five day federal jury trial that resulted in an award in excess of two million dollars on behalf of the FDIC based on claims of fraudulent transfer and conspiracy to defraud the FDIC. FDIC v. White, 76 F.Supp. 2d 736, (N.D. Tex. 1999).

During 1997, Mr. Emerson served as lead counsel for the FDIC in a four day federal jury trial in FDIC v. Searcy Ferguson, Jr. This resulted in an award of approximately $600,000 to the FDIC. The judgment was subsequently affirmed by the United States Fifth Circuit Court of Appeals. Ferguson v. FDIC, 164 F.3d 844 (5th Cir.), cert. den., 528 U.S. 819 (1999).

During 1995, Mr. Emerson represented the RTC in RTC v. John A. White, Inc., et al. in a four day jury trial in the 160th District Court of Dallas County in which a take nothing judgment was entered on all of the Defendants' claims, and the RTC was awarded a deficiency judgment in excess of 1.3 million dollars despite contentions that the foreclosed property was not sold for "fair market value".

Mr. Emerson served as lead trial counsel for the FDIC in Sweet Jan Joint Venture, et al. v. FDIC. The lawsuit resulted in a one million dollar cash settlement in favor of FDIC immediately prior to commencement of the jury trial. (Northern District of Texas Dallas Division)

Mr. Emerson represented a foreign financial institution in a federal district court proceeding brought against FDIC, involving a claim under a loan participation agreement. This ultimately resulted in a one million dollar cash settlement for the foreign financial institution.