Ronald H. Bradshaw and Monica I. Bradshaw - Page 10

                                       - 10 -                                         
                  funds paid constitute proceeds in which Plaintiff                   
                  holds a valid superior security interest.                           
                  Therefore, all proceeds on or after August 14,                      
                  1989 received by Tarrant Bank are due and owing                     
                  to the Plaintiff.  The Plaintiff has demanded                       
                  that the Tarrant Bank pay all proceeds from the                     
                  sale of inventory to the Plaintiff.  The                            
                  Defendant Tarrant Bank has failed and refused                       
                  and still fails and refuses to pay Plaintiff.                       

                 Neither petitioner nor Motion, Inc., entered an                     
             appearance when Colonial Bank's suit was called for trial                
             in the State court.  On October 24, 1989, the State court                
             entered the following default judgment against petitioner                
             and Motion, Inc.:                                                        


                       IT IS THEREFORE ORDERED, ADJUDGED AND                          
                  DECREED that judgment by default is hereby                          
                  rendered against Defendants, R.H. Bradshaw                          
                  and Motion, Inc., in the total amount of                            
                  $887,026.00 plus all costs of court herein                          
                  expended and post-judgment interest at the                          
                  rate of 10% per annum until paid and Plain-                         
                  tiff's security interest in Defendant Motion,                       
                  Inc.'s inventory, accounts, and rights to                           
                  payment is deemed perfected, valid and of full                      
                  force and effect for which execution may issue.                     

                  In 1994, petitioner pled guilty in the U.S. District                
             Court for the Northern District of Texas to violating two                
             counts of 18 U.S.C. sec. 1344.  The version of 18 U.S.C.                 
             sec. 1344 that was in effect at the time petitioner                      
             deposited the worthless checks provided as follows:                      

                  Whoever knowingly executes, or attempts to                          
                  execute, a scheme or artifice--                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011