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Tag Archives: Law

Victory and Vindication for Castle Law Group in Landmark Decision

The defendants, including Larry Castle and Caren Castle, in State of Colorado v. The Castle Law Group, LLC, et al.,recently gained a major victory in the five-year case when Denver District Judge Morris Hoffman ruled in favor of the defendants, blocking the attorney general’s original request of damages of up to $26 million.

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Shawn Hillmann Joins Codilis, Moody, & Circelli

Hillmann brings 15 years of default servicing experience with him to CMC. Before joining CMC, Hillmann was VP and shareholder with a creditor’s rights firm based in Wisconsin. Hilmann’s background focuses on litigation in the mortgage, business, and consumer loans areas including foreclosure, collections, real estate, and resolution of real estate title issues. In addition, Hillmann defends actions against lenders and supporting businesses. He will serve as managing attorney in CMC office located in Wauwatosa, Wisconsin.

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Another Bite at the Automatic Stay?

Are debtors getting another attempt to extend or impose the Automatic Stay in cases where there is no Automatic Stay in effect? Pursuant to 11 U.S.C. §362(c)(3), the automatic stay shall terminate on the 30th day after the filing of the later case of a single or joint case of the debtor that was pending within the preceding one-year period but was dismissed other than a Chapter 7 dismissal under Section 707(b).

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Lenders: Beware of the ‘Forced’ Short-Sale in Bankruptcy

Historically, Chapter 7 Trustees rarely seek authorization to sell over-encumbered real property of the estate free and clear of liens because such a sale is authorized only under very limited circumstances. Based upon the rarity of motions to sell over-encumbered property and the assumption that a Court would never grant such a motion, creditors have generally been complacent about monitoring bankruptcy cases for such motions.

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