Case Study #5

Our client was a commercial finance company who loaned purchase money to a customer to obtain trucking and construction equipment but failed to make payments when due under the terms of the financing agreement.  The customer also refused to surrender the collateral securing the agreement.  We were able to successfully obtain a judicial foreclosure of the property along with a judgment for the deficiency remaining under the terms of the agreement after the sale of the property.  We conducted post judgment discovery to determine the judgment defendant’s assets.  The judgment defendant refused to cooperate despite a court order compelling him to do so.  We were able to obtain a bench warrant to bring the judgment defendant to the courthouse to answer our questions in court arguing, in part, that under rule 215 of the Texas Rules of Civil Procedure, the judgment defendant’s refusal to comply with the court’s order was a contempt of court and the judgment defendant should be punished for contempt and jailed thereafter until he complies with the court’s order.

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Murray L. Bristol

Murray has been a member of the Texas State Bar since 1993, the Oklahoma Bar since 1995 and a member of the US District Court, Northern and Western District of Texas and Northern, Eastern and Western District of Oklahoma. Murray practices in the fields of Creditors’ Rights, Commercial Litigation, Mechanics Liens, Breach of Contract and Post-Judgment Enforcement throughout Oklahoma and Texas.

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By |2016-08-04T09:02:58-05:00August 3rd, 2016|Comments Off on Case Study #5

About the Author:

Murray has been a member of the Texas State Bar since 1993, the Oklahoma Bar since 1995 and a member of the US District Court, Northern and Western District of Texas and Northern, Eastern and Western District of Oklahoma. Murray practices in the fields of Creditors’ Rights, Commercial Litigation, Mechanics Liens, Breach of Contract and Post-Judgment Enforcement throughout Oklahoma and Texas.