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Judge Moses Denies Motion to Seal Bond Holders Case

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A.D. Ibarra

-Del Rio, Texas

 

The Special Meeting scheduled for this afternoon of Maverick County Commissioner's Court will deal with several key issues, the most prominent being the impending lawsuit by UMB Bank v. the Maverick County Public Facility Corporation.

The Western District of Texas has handed down a ruling which essentially cripples the UMB Bank and the bond holders of the $42,255,000.00 of Maverick County Public Facility Corporation Project Revenue Bonds as The Honorable Alia Moses denied their motion to seal all records involving this case which was filed on August 3rd, not even a week after Maverick County set a thirty-day notice to the trustee of the bonds that it was pulling out of the Maverick County Detention Center.

The complaint filed by UMB Bank, N.A. which is based out of Kansas City, Missouri, cites that the PFC was short on a payment in February of $1,415,000.00 and only forwarded $707,546.67.

"Because UMB has been advised that the Marshal's Service ceased housing detainees in the Project as of July 24th, 2015, UMB reasonably believes and expects there will be no future Project Revenues available to pay future principal and interest payments due under the Indenture...UMB is therefore entitled to bring forth this lawsuit..." says the complaint filed by Richard D. Anigan and Jason N. Jorda of the Haynes and Boone Law Firm out of Dallas.

Maverick County is represented by Robert W. Wilson and Mark A. Sánchez of Sanchez & Wilson out of San Antonio.

On August 10th, the Court signed an Order directing the Clerk to issue Prejudgment Writs of garnishment to International Bank of Commerce, the United States Marshal's Service and Maverick County, Texas. On August 13th, the Plaintiff filed a Motion to Seal which was recently denied by Judge Moses and is the final action item on this case.  Commissioner's Court will discuss this matter today at their Special Meeting which is scheduled for 5:00 PM.

 

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