Mr. Probus has extensive litigation experience involving creditors rights/collection, bankruptcy, and reorganizations, commercial, real estate, business transactions, employment law and litigation, and consumer rights. Mr. Probus also served as a general counsel to a national company for a number of years.

Born Louisville, Kentucky, October 20, 1964.

Martindale-Hubbell, AV peer review rated

Education:

• The University of Texas at Austin (B.A. 1985).
• The University of Texas School of Law (J.D. 1988).

Bar and Court Admissions:

• Admitted to Texas Bar, 1988.
• Admitted to Massachusetts Bar, 1995.
• Admitted to practice before the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas.
• Admitted to practice before the United States Court of Appeals for the Fifth Circuit.
• Admitted to practice before the United States Supreme Court.

Past Positions:

• Wauson & Associates, P.C., 1999 – 2006.
• General Counsel for Surpas Resource Corporation, 1992 – 1999.
• Solo Practice from 1990 – 1992.

Judicial Clerkships:

• Law Clerk to Hon. R.F. Wheless, Jr., U.S. Bankruptcy Judge, Southern District of Texas, 1988-1989.
• Law Clerk to Hon. James DeAnda, U.S. District Judge, Southern District of Texas, 1990.

Cases of Note as Lead Counsel:

• Ranzy v. Extra Cash of Texas, Inc., et al, 2010 WL 936471 (S.D. Tex., March 11, 2010).
• Gonzalez v. Kay, 577 F.3d 600 (5th Cir. 2009), cert. denied, ___ U.S. ___ (2010).
• International Interest, L.P. v. David R. Wadley, Case No. 08-20656, (5th Cir.), argued on 6/2/09; settled on appeal.
• In re Will Clay Perry, ___ B.R. ___, 2010 WL 668040 (Bankr.S.D. Tex., February 24, 2010)(Opinion on claims estimation involving usury claims).
• In re Will Clay Perry,423 B.R. 215 (Bankr. S.D. Tex. 2010)(Opinion on nondischargeability complaint), motion for reconsideration pending.
• In re Will Clay Perry, 404 B.R. 196 (Bankr. S.D. Tex. 2009)(Opinion on Debtor's objections to Investors' Texas Securities Act claims).
• In re Will Clay Perry, 394 B.R. 852 (Bankr. S.D. Tex. 2008)(Opinion on Debtor's abandonment of real property).
• Prophet v. Myers, 645 F.Supp.2d 614 (S.D. Tex. 2008).
• Hetherington v. Allied International Credit Corp., Slip Copy, 2008 WL 2838264 (S.D. Tex. 2008).
• Prophet v. Phillips & Cohen Associates, Ltd.,Slip Copy, 2008 WL 2697313 (S.D. Tex. 2008).
• Schakosky v. Client Services, Inc., 634 F.Supp. 732 (E.D. Tex. 2007).
• Rivera v. South Green Limited Partnership, et al, 208 S.W.3d 12 (Tex. App. – Houston [14th Dist.] 2006, pet. denied, motion for reh'g denied).
• International Interest, L.P. v. Charles F. Hardy, III, 448 F.3d 303 (5th Cir. 2006)(Questions certified to the Texas Supreme Court), dism'd by agmt.
• Andrew W. Campbell, M.D. v. Chevron Phillips Chemical Company, L.P., 587 F.Supp.2d 773 (E.D. Tex. 2006)(Opinion on ERISA insurance claims).
• Delfino v. Perry Homes, 223 S.W.3d 32 (Tex. App. – Houston [1st Dist.] 2006, no pet.).
• Sheri Cash v. Allied Interstate, Inc., Civil Action No. H-04-0932, 2005 WL 1693941 (S.D. Tex. 2005)(class action settled with notice).
• Goswami v. American Collections Enterprise, Inc., 377 F.3d 488 (5th Cir. 2004), reh'g denied, 395 F.3d 225 (5th Cir. 2004), cert. denied, 126 S.Ct. 331, 163 L.Ed.2d 44 (2005)(affirming in part, reversing in part and remanding 280 F.Supp.2d 624 (S.D. Tex. 2003).
• Samella Rodgers, Individually and on behalf of all those similarly situated v. Risk Management Alternatives, Inc., Goggins & Lavintman, P.A., and Chevron USA, Inc., Civil Action No. H-02-4110, In the United States District Court for the Southern District of Texas, Houston Division (class action settled on cy pres basis).
• In re Select Homecare Services, Inc.; Case No. 01-37523-hca-11; In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division (Successfully confirmed Chapter 11 Liquidating Plan paying unsecured creditors 100% of claims plus interest).
• In re Transnet Logistics, Inc.; Cause No. 99-41507-H5-11; In the United States Bankruptcy Court For The Southern District of Texas, Houston Division (Successfully confirmed Chapter 11 Plan).

CLE Presentations:

• Texas Lawyers Care's Poverty Law Conference, April 14 – 16, 2010, on Advising the Indigent Debtor.
• Panelist in CLE presentation; "The Intersection of Bankruptcy and Family Law," UT CLE, Galveston, Texas August 13 – 14, 2009.
• Texas Lawyers Care's Poverty Law Conference, April 14 – 17, 2009, on Developments in Payday Lending.
• Texas Lawyers Care's Poverty Law Conference, April 23 – 25, 2008, on Payday Loans and the Collection Harassment issues.
• Legal Writing & Analysis Workshop for Paralegals, August 24, 2007, delivered paper on Legal Analysis.
• Texas Lawyers Care's Poverty Law Conference, April 12 and 13, 2007, on Payday Loans and on the Collection Industry and Advising Harassed Clients.
• Consumer and Commercial Law Section Luncheon, delivered paper on Identity Theft.
• Fort Bend County Bar Association Luncheon April 27, 2006, delivered paper titled "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Its Impact on Your Consumer Bankruptcy Practice".
• NBI Seminar on "Collecting Debts: Tips & Strategies to Legally Get What You're Owed," June 6, 2006, delivered paper titled "Ensuring Compliance with the Fair Debt Collection Practices Act".

Journals and Publications:

• Attorney Desk Reference, Texas Legal Services Center, Author of Chapters on Payday Loans and Collection Harassment.
• Member, Editorial Staff (Research Editor), American Journal of Criminal Law, 1987-1988.
• Author: "The Emergence and Emergency of Designer Drugs: Subdelegation of the Power Temporarily to Schedule in Light of United States v. Spain," 14 Am. J. Crim. Law 257, 1987.
• Co-Author: "Structured Transactions in Money Laundering: Dealing with Tax Evaders, Smurfs, and Other Enemies of the People," 15 Am. J. Crim. Law 83, 1988.

Associations:

• Member, Houston Bar Association Consumer Task Force 2009 – Present.
• Member, State Bar of Texas Standing Committee on Legal Services to the Poor in Civil Matters, 2009 – 2012 Term.
• President, Fort Bend Layers Care, 2008 – 2009.
• Director, Fort Bend Lawyers Care, 2006 – Present.
• Director, Texas Unit of American Collectors Association, 1995 – 1997.
• Chairman of Subcommittee on Collection Agency Licensing, Texas Unit of American Collectors Association, 1993.

Member:

• State Bar of Texas.
• Bar of the Commonwealth of Massachusetts.
• Houston Bar Association, Fort Bend Lawyers Association.
• Fort Bend County Bar Association.
• American Bar Association.

Mr. Probus has extensive litigation experience involving creditors rights/collection, bankruptcy, and reorganizations, commercial, real estate, business transactions, employment law and litigation, and consumer rights. Mr. Probus also served as a general counsel to a national company for a number of years.