- 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
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