Wauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury cases
one sugar creek center
blvd., suite 880
sugarland, tx 77478
phone: (281) 242-0303
fax: (281) 242-0306
email: [email protected]
Home Practice Areas Representative Clients Contact us Directions
Wauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury casesWauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury casesWauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury cases

Wauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury cases

Curriculum Vitae

Wauson ♦ Probus, Texas business attorneys handling commercial litigation, insurance litigation, consumer litigation, collections, real estate, bankruptcy, jury trials, class action and personal injury casesMatthew Brian Probus, 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.

Complex, Multi-Party, and Class Action Litigation Handled:

  • Reedy, et al v. SBMC Investments, Inc., et al, Civil Action No. 4:12-cv-1324; In the Southern District of Texas, Houston Division. (Defense of class action claims under the WARN Act and claims under ERISA).
  • ERF Wireless, Inc. v. Schlumberger Technology Corporation; Referred to arbitration and tried for over 2 weeks to three member arbitration panel.
  • Sandra Del-Wise, et al. v. TaxMasters, Inc., et al.; Civil Action No. 4:10-cv-3330; In the United States District Court for the Southern District of Texas, Houston Division. (Defense of class action and coordinated client issues centrally with three other class action cases pending in New Jersey, Pennsylvania, and California).
  • Sheri Cash v. Allied Interstate, Inc., Civil Action No. H-04-0932; In the Southern District of Texas, Houston Division (class action settled with notice).
  • Samella Rodgers, Individually and on behalf of all those similarly situated v. RiskManagement 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).
  • Carter, et al v. Education America, Inc., Cause No. 2001-19014; In the 61st Judicial District Court of Harris County, Texas (referred to arbitration and tried to conclusion, then settled along with all companion cases involving 24 plaintiffs in Cause No. 2000-58202; Gerald Elmore, et al. v. Education America Houston Campus, Inc. et al.; In
    the 11th Judicial District Court of Harris County, Texas; Cause No. 2001-14875; Cedric Ames, et al. v. Education America, Inc., et al.; In the 190th Judicial District Court of
    Harris County, Texas; Cause No. 2001-42189; Glyn Kincaid v. Education America, Inc.,et al.; In the 11th Judicial District Court of Harris County, Texas; Cause No. 2001-
    42597; Daphne Proctor, et al. v. Education America, Inc., et al; In the 127th Judicial District Court of Harris County, Texas; and Cause No. 2002-04301; Rogelio Lozano andBethany Willms vs. Education America, Inc., et al.; In the 11th Judicial District Court of Harris County, Texas.
  • Garcia, et al v. Fujitsu ICL Systems, Inc. and ATM Capital Group, Inc., Cause No. 98-11141; In the 215th Judicial District Court of Harris County, Texas; Fraud, Texas
    Business Opportunities Act, and DTPA case involving 31 plaintiffs.

Bankruptcy Court Cases Handled:

  • In re Laredo Venture No. One, L.P., (Chapter 11) Case No. 12-50156; In the United States Bankruptcy Court for the Southern District of Texas, Laredo Division (Counsel to Debtor; reached agreement with Secured Creditor with dismissal).
  • In re Inflatable Incorporated, (Chapter 11) Case No. 11-40025-H3-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division (Counsel to Debtorl Chapter 11 Plan confirmed).
  • In re S-SI San Juan Venture No. One, LP, (Chapter 11) Case No. 11-70646; In the United 3 States Bankruptcy Court for the Southern District of Texas, McAllen Division (Counsel to Debtor; Issues resolved and voluntarily dismissed).
  • In re Yulee Venture No. One, LP, Case No. 11-10401-11; In the United States Bankruptcy Court for the Southern District of Texas, Harlingen Division (Counsel to Debtor; Chapter 11 Plan confirmed)
  • In re Clarita Sommers Johnson and In re Francis McQueen Rozelle, (Chapter 11) Jointly Administered under Case No. 11-52132-RBK; In the United States Bankruptcy Court for the Western District of Texas, San Antonio Division. (Counsel to Debtor).
  • In re Bay City Hospitality, Ltd., Case No. 10-41001-H1-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division (Counsel to Debtor; Chapter 11 Plan confirmed).
  • In re Transmeridian Exploration Incorporated, Case No. 09-31859-H1-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division (Counsel to Debtor; Property sold at auction through confirmed Chapter 11 liquidating plan).
  • In re Perry, Case No. 08-32362-H1-11; In the United States Bankruptcy Court For The Southern District of Texas, Houston Division (Counsel to Debtor; Successfully confirmed Chapter 11 Plan).
  • 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 (Counsel to Debtor; Successfully confirmed Chapter 11 Liquidating Plan paying unsecured creditors 100% of claims plus interest).
  • In re Allus Technology Corporation, Case No, 00-34500-H1-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division (Counsel to Debtor; Successfully confirmed Chapter 11 Plan).
  • In re Transnet Logistics, Inc.; Case No. 99-41507-H5-11; In the United States Bankruptcy Court For The Southern District of Texas, Houston Division (Counsel to Debtor; Successfully confirmed Chapter 11 Plan).

Appellate Opinions:

  • McNeil Interests, Inc. v. James G. Quisenberry, Jr., 2013 Tex. App. LEXIS 8289 (Tex. App. Houston [14th Dist.] 2013, no pet.).
  • Ranzy v. Extra Cash of Texas, Inc., et al, 393 Fed. Appx. 174; 2010 U.S. App. LEXIS 17872 (5th Cir. August 25, 2010)(affirming district court's denial of motion to compel arbitration).
  • Gonzalez v. Kay, 577 F.3d 600 (5th Cir. 2009), cert. denied, 130 S. Ct. 1505 (2010).
  • International Interest, L.P. v. David R. Wadley, Case No. 08-20656, (5th Cir.), argued on 6/2/09; settled on appeal.
  • WMC Mortgage Corp. v. Adams, 2008 Tex. App. LEXIS 4974, (Tex. App. Houston [14th Dist.] 2008, pet. denied).
  • Rivera v. South Green Limited Partnership, et al, 208 S.W.3d 12 (Tex. App. Houston [14th 4 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.
  • Delfino v. Perry Homes, 223 S.W.3d 32 (Tex. App. Houston [1st Dist.] 2006, no pet.).
  • 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).

District Court Opinions:

  • Ranzy v. Extra Cash of Texas, Inc., 2011 U.S. Dist. Lexis 146787 (S.D. Tex. Dec. 21, 2011)(Court granting partial summary judgment in favor of Plaintiff).
  • Ranzy v. Extra Cash of Texas, Inc., 2011 U.S. Dist. Lexis 24676 (S.D. Tex. March 10, 2011)(Court denying Defendants' application for injunction against class proceedings).
  • Ranzy v. Extra Cash of Texas, Inc., et al, 2010 U.S. Dist. LEXIS 22551 (S.D. Tex., March 11, 2010)(Court denying Defendants' motion to compel arbitration), aff'd in unpublished per curiam opinion August 25, 2010.
  • 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).
  • 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).
  • Sheri Cash v. Allied Interstate, Inc., Civil Action No. H-04-0932, 2005 WL 1693941 (S.D. Tex. 2005)(class action settled with notice).
  • 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).

Bankruptcy Court Opinions:

  • Fauser v. Property Owners Association of Canyon Village at Cypress, et al (In re Fauser), 2011 Bankr. Lexis 4998 (Bankr. S.D. Tex. Dec. 14, 2011)(Court finding damages and attorney's fees on Plaintiffs'/Debtors' claims).
  • Fauser v. Property Owners Association of Canyon Village at Cypress, et al (In re Fauser), 2011 Bankr. Lexis 4063, Bankr. L. Rep. (CCH) P82,090, Collier Bankr. Cas.2d (MB) 705 (Bankr. S.D. Tex. Oct. 20, 2011)(Court granting partial summary judgment in favor of Plainitiffs/Debtors for violations of the automatic stay and post-discharge injunction).
  • In re Kelvin Ikwunne Okwonna-Felix, 2011 Bankr. Lexis 3028, 66 Collier Bankr. Cas.2d (MB) 39 (Bankr. S.D. Tex. Aug. 3, 2011).
  • In re Perry, 425 B.R. 323 (Bankr. S.D. Tex. 2010)(Opinion on claims estimation involving usury claims).
  • Wallace v. Perry (In re Perry), 423 B.R. 215 (Bankr. S.D. Tex. 2010)(Opinion on nondischargeability complaint), motion for reconsideration pending.
  • In re Perry, 404 B.R. 196 (Bankr. S.D. Tex. 2009)(Opinion on Debtor's objections to Investors' Texas Securities Act claims).
  • In re Perry, 394 B.R. 852 (Bankr. S.D. Tex. 2008)(Opinion on Debtor's abandonment of real property).

CLE Presentations:

  • Texas Poverty Law Section Poverty Law Conference, April 4, 2013, Walking Debt: The Impact of Debt Buyers and Zombie Debt on Low-Income Consumers.
  • National Employment Lawyers Association (Houston) CLE Luncheon, November 29, 2012, Bankruptcy Considerations for Employment Law Counsel.
  • Dallas Bar Association's Collaborative Law Section CLE Luncheon, September 27, 2012, A Changing Practice: Limited Scope Representations.
  • Houston Pro Bono Joint Initiative CLE Luncheon, December 7, 2011, Advising the Indigent Debtor.
  • State Bar of Texas Bar Leaders Conference, July 14, 21012, Texas Access to Justice Commission CLE, Doing Well, While Doing Good: Limited Scope Representation.
  • Texas Lawyers Care's Poverty Law Conference, April 6 8, 2011, on Practicing Law and Wellness.
  • Planning Committee Member and Moderator, "A Practitioner's Guide To Protecting The Clients' Homestead: The Intersection of Bankruptcy Law, Foreclosure Law, Eviction Law, Family Law, and Mortgage Law," March 3 4, 2011.
  • Texas Lawyers Care's Poverty Law Conference, April 14 17, 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:

  • Chair of State Bar Standing Committee on Legal Services to the Poor in Civil Matters for 2012- present; Member during 2009 2012 and 2012 2015 Terms.
  • Chair, State Bar of Texas Poverty Law Section.
  • Co-Chair, Houston Bar Association Consumer Law Task Force 2010 - 2011.
  • Director and Treasurer, Houston Museum of African American Culture 2009 - 2013.
  • President, Fort Bend Layers Care, 2008 2009.
  • Director, Fort Bend Lawyers Care, 2006 2009.
  • 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 collection agency for a number of years.

> Back to Top



 
HOME:: ATTORNEYS:: PRACTICE AREAS:: REPRESENTATIVE CLIENTS:: CONTACT US :: DIRECTIONS