- 15 - The first action, Fleischaker v. State Fed. Sav. & Loan Association, Case No. 88-C-1230-E (the Fleischaker/State Federal case), was a declaratory judgment action filed by petitioner in the U.S. District Court for the Northern District of Oklahoma on September 12, 1988. The Fleischaker/State Federal case pertained to petitioner's State Federal loan guaranty, State Federal takeout guaranty, and State Federal substitute guaranty. By order dated October 11, 1990, the Federal District Court determined that the State Federal loan guaranty required the bank to proceed first against Adult Living Centers before proceeding against petitioner. The court further found that the bank's failure to do so was a material breach of the agreement, thereby releasing petitioner from his obligations under the State Federal loan and substitute guaranties. The court, however, found that petitioner was liable for his share of commitment fees under the State Federal takeout guaranty. On November 19, 1990, a judgment in the amount of $18,329.06 was entered against petitioner in the Fleischaker/State Federal case. On February 5, 1991, the parties in the Fleischaker/State Federal case filed a mutual release and satisfaction of judgment, reflecting that petitioner had fully satisfied the $18,329.06 judgment. From 1987 to 1991, petitioner paid the following legal fees in the Fleischaker/State Federal case:Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011