John Stockdale, Jr. Obtains Dismissal of Collection Suit and Complete Release for Debtor
September, 2011
A nursing home filed suit against the wife of a former resident to collect the debt incurred by the former resident. Mr. Stockdale prepared a motion for summary disposition on the basis that the nursing home's contract did not, as alleged, contain the wife's personal guarantee and shared the motion with the nursing home. As a result of the arguments contained in the unfiled motion, Mr. Stockdale negotiated a dismissal of the lawsuit against the wife, which contained a full and complete release from the nursing home to the wife. The release was significant because it prohibited the nursing home from, among other things, seeking to recover from the wife any money or property that the former resident transferred to the wife.