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Los Angeles

T(213) 955-5591

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Education

  • J.D., USC Gould School of Law

  • M.A., University of Michigan

  • B.A., cum laude, University of Southern California

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit

  • U.S. Supreme Court

  • United States Bankruptcy Appellate Panel of the Ninth Circuit

  • U.S. District Court, Central District of California (including Bankruptcy Court)

  • U.S. District Court, Eastern District of California (including Bankruptcy Court)

  • U.S. District Court, Northern District of California (including Bankruptcy Court)

  • U.S. District Court, Southern District of California (including Bankruptcy Court)

Services

  • Restructuring, Insolvency & Bankruptcy

  • Litigation & Counseling

  • Receiverships, Lenders & Special Creditor Remedies

  • Commercial Finance

Industries

  • Financial Services

  • Residential & Multifamily

Memberships

  • Financial Lawyers Conference

  • California Receivers Forum

  • Hispanic National Bar Association

  • National Association of Federal Equity Receivers

Joshua A. del Castillo

Partner

Institutional lenders, commercial litigants, and receivers look to Joshua for inventive answers to complex creditors’ rights, receivership, and regulatory questions. His depth of experience and creativity in the areas of creditors’ rights litigation and bankruptcy, the unique relationships he has cultivated in the receiverships space, and his familiarity with to up-to-the-minute regulatory developments, enable him to develop innovative strategies that mitigate client risks and improve client results.

Creditors’ Rights, Litigation, and Regulatory Counsel

Joshua is a key member of the firm’s Restructuring, Insolvency & Bankruptcy practice, and routinely serves as counsel for institutional lenders or other creditors in bankruptcy and commercial litigation proceedings throughout California, in both state and federal courts, in addition to providing oversight to local counsel nationwide. Joshua likewise regularly represents clients in state and federal appellate matters. He is often called upon to provide proactive regulatory counsel, dispensing compliance advice and developing and deploying troubleshooting strategies, many derived from his extensive experience in serving as defense counsel to financial institutions in regulatory matters. In this capacity, Joshua assists clients in effectively satisfying their regulatory obligations while seeking to avoid potentially costly litigation or penalties.

A Pioneer in Receivership Solutions

As a member of the firm’s premier Receiverships, Lenders & Special Creditor Remedies practice, Joshua has been recognized for pioneering new legal solutions for receivers in state and federal matters, and has developed significant practical experience in creditors’ rights, bankruptcy, and commercial litigation, including in the receivership context. This experience has taught him how to leverage new developments in the law to find innovative solutions to both age-old and novel problems.

Joshua bolsters his ability to solve multi-faceted client problems with broad access to critical resources at Allen Matkins—including lawyers with unique knowledge and relationships across a spectrum of environmental, real estate, securities, labor, and related issues—and regularly works with an extensive network of outside professionals, including forensic accountants, tax accountants, private investigators, property managers, and brokers. Joshua endeavors to staff matters leanly so that his clients become familiar with all of the lawyers working on their matters, and receive accountable and responsive service.

In the Community

While helping his clients thrive, Joshua works to help the broader community prosper. In addition to his commitment to pro bono service, he currently serves on the Advisory Board of the Wage Justice Center, which works to advance low-income workers’ rights, educate workers, and advocate for the collection of unpaid wages.

Accolades

  • Pro Bono Award, Wage Justice Center (2009)

Creditors’ Rights, Litigation, and Regulatory Counsel

Joshua is a key member of the firm’s Restructuring, Insolvency & Bankruptcy practice, and routinely serves as counsel for institutional lenders or other creditors in bankruptcy and commercial litigation proceedings throughout California, in both state and federal courts, in addition to providing oversight to local counsel nationwide. Joshua likewise regularly represents clients in state and federal appellate matters. He is often called upon to provide proactive regulatory counsel, dispensing compliance advice and developing and deploying troubleshooting strategies, many derived from his extensive experience in serving as defense counsel to financial institutions in regulatory matters. In this capacity, Joshua assists clients in effectively satisfying their regulatory obligations while seeking to avoid potentially costly litigation or penalties.

A Pioneer in Receivership Solutions

As a member of the firm’s premier Receiverships, Lenders & Special Creditor Remedies practice, Joshua has been recognized for pioneering new legal solutions for receivers in state and federal matters, and has developed significant practical experience in creditors’ rights, bankruptcy, and commercial litigation, including in the receivership context. This experience has taught him how to leverage new developments in the law to find innovative solutions to both age-old and novel problems.

Joshua bolsters his ability to solve multi-faceted client problems with broad access to critical resources at Allen Matkins—including lawyers with unique knowledge and relationships across a spectrum of environmental, real estate, securities, labor, and related issues—and regularly works with an extensive network of outside professionals, including forensic accountants, tax accountants, private investigators, property managers, and brokers. Joshua endeavors to staff matters leanly so that his clients become familiar with all of the lawyers working on their matters, and receive accountable and responsive service.

In the Community

While helping his clients thrive, Joshua works to help the broader community prosper. In addition to his commitment to pro bono service, he currently serves on the Advisory Board of the Wage Justice Center, which works to advance low-income workers’ rights, educate workers, and advocate for the collection of unpaid wages.

Accolades

  • Pro Bono Award, Wage Justice Center (2009)

Litigation and Bankruptcy

  • Commercial Lenders. Large bankruptcy and breach of contract dispute, in both state and federal courts.
  • Developers. Preferential transfer claims brought by bankruptcy trustees.
  • Law Firms. Bankruptcy of a large client.
  • Mortgage Lenders. Multiple commercial litigation matters, in both state and federal courts, including courts of appeal.
  • Non-Profit Organizations. Pro bono assistance to a non-profit organization representing indigent and low-income workers in employment disputes.

Federal Equity Receiverships

  • Securities and Exchange Commission v. Plus Money, Inc., et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging a $45 million Ponzi-like investment scheme based on purported covered-call option trading. Receiver marshaled assets and distributed funds to defrauded investors.
  • Securities and Exchange Commission v. Pacheco, et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging a $15 million Ponzi-like investment scheme bases on purported covered-call option trading. Receiver marshaled assets and distributed funds to defrauded investors.
  • Securities and Exchange Commission v. Medical Capital Holding, et al., (U.S. District Court, Central District of California). Represented a receiver in an enforcement action alleging a Ponzi-like investment scheme which raised over $1 billion, ostensibly to purchase medical receivables.
  • Securities and Exchange Commission v. Global Online Direct, Inc., et al., (U.S. District Court, Northern District of Georgia). Represented a receiver in an enforcement action alleging that the defendant entities raised over $45 million through the sale of unregistered securities.
  • Securities and Exchange Commission v. Trabulse, et al., (U.S. District Court, Northern District of California). Represented a receiver appointed to monitor a hedge fund, at the request of the Securities and Exchange Commission.
  • Federal Trade Commission Consumer v. Advocates Group, LLC, et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging deceptive and fraudulent mortgage modification practices.

Real Property Receiverships

  • Wachovia Bank, NA v. Downtown Sunnyvale Residential, LLC, et al., (Superior Court of California, County of Santa Clara). Represented a real property receiver appointed over a large-scale commercial development in connection with successfully securing trial court approval of the receiver's administration and improvement of the development, as well as approval of the receiver's compensation and discharge request.
  • First Citizens Bank & Trust Co. v. NDustrial Drive LLC, et al., (Superior Court of California, County of San Joaquin). Represented a real property receiver appointed to administer receivership estate substantially comprised of abandoned recycling facility. Assisted receiver with site clean-up, marketing, and sale efforts.
  • Hana Small Business Lending, Inc. v. Rock Petroleum, Inc., et al., (Superior Court of California, County of Riverside). Represented a real property receiver appointed to administer, and ultimately sell, receivership estate comprised of multiple service stations, convenience stores, and attendant contracts and permits.
  • Excel National Bank v. Tolosa Sison Family Corp., et al., (Superior Court of California, County of San Mateo). Represented a real property receiver appointed to administer receivership estate substantially comprised of service station and convenience store assets.

Regulatory Compliance

  • Real Property Brokerage. Represented one of the Southwest's largest real property brokerages in litigation alleging a violation of federal consumer protection statutes.
  • Lenders and Institutional Investors. Litigation alleging systematic violations of the Fair Credit Reporting Act. Represented national institutional investor in connection with revision of internal policies and procedures for compliance with new or revised consumer protection statutes. Represented lender in connection with action implicating Bank Secrecy Act and Gramm-Leach-Bliley-Act matters.
  • Telecommunications Business. Policies and procedures for compliance with new or revised consumer protection statutes.
  • Public Interest Organizations. Provided analysis of applicability of provisions of Dodd-Frank Act to highly publicized business practices of so-called buy-here / pay-here automobile dealerships.
  • California Bankruptcy Forum’s 26th Annual Insolvency Conference

    Santa Barbara, California

    5.16.14

  • Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

    3.10.23

  • Entities Engaged Solely In The Enforcement of Security Interests Are Not "Debt Collectors" Under The Fair Debt Collection Practices Act

    4.15.19

  • Ninth Circuit's Definition Of "Consumer Reporting Agency" Will Help Lenders Stay Compliant, But Dissent May Presage Future Litigation

    2.21.19

  • California Court of Appeal Clarifies Critical Homeowner Bill of Rights Satisfaction Requirement

    12.12.18

  • Lenders: Are You Ready for the Next Downturn?

    12.06.18

  • Appellate Decision Underscores Title Review as Critical to Lien Priority

    12.03.18

  • Evolving Home-Sharing Market Prompts a Variety of Local Regulations

    12.21.15

  • Evolving Home-Sharing Market Prompts a Variety of Local Regulations

    12.17.15

  • The Evolving Home-Sharing Market Prompts a Variety of Local Regulations

    By Joshua A. del Castillo, Tim C. Hsu and Timothy M. Hutter in Western Real Estate Business

    Article

    12.15.15

  • 56 Allen Matkins Attorneys Named Among 2015 Super Lawyers and Rising Stars

    Nine Allen Matkins attorneys received special honors in their respective regions.

    Press Release

    6.26.15

  • Lawyers React To Justices' Ruling On Bankruptcy Court Power

    Joshua A. del Castillo in Law360

    Press Mention

    5.26.15

  • Unwitting Transfers to Ponzi Schemes

    By Joshua A. del Castillo and Ted G. Fates in the Daily Journal

    5.20.15

  • Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes

    5.18.15

  • Financial Institutions May Post Online Privacy Disclosures

    12.02.14

  • What Flagstar Bank Can Teach Mortgage Servicers and Others About the CFPB

    By Joshua A. del Castillo in California Mortgage Finance News

    Article

    12.01.14

  • 55 Allen Matkins Attorneys Named Among Super Lawyers and Rising Stars 2014

    Press Release

    7.03.14

  • Update on Evolving California Homeowner's Bill of Rights Case Law

    By Joshua A. del Castillo in California Mortgage Finance News

    5.27.14

  • Allen Matkins Elects Joshua del Castillo, Marissa Dennis, Crystal Lofing and Erin Murphy to Partnership

    New Partners Based in Firm’s Century City and Los Angeles Offices

    Press Release

    4.22.14

  • New California Court of Appeal Decision Reaffirms General Rule that Residential Lenders Owe no Duty to Borrowers, Including in the Loan Modification Context

    12.18.13

  • California Foreclosure Proceedings: Recent Court Decisions May Illustrate Trends in Foreclosure-Avoidance Actions

    By Joshua A. del Castillo and Tim C. Hsu in Scotsman Guide Residential Edition

    Article

    9.01.13

  • 60 Allen Matkins Attorneys Named Among Super Lawyers 2013 and Rising Stars 2013

    Press Release

    7.11.13

  • Adverse Action Notices in a Fluid Regulatory Environment

    By Joshua A. del Castillo in CMBA Legal News

    Article

    7.01.13

  • New California Court of Appeal Decision May Affect Administration of Foreclosure-Avoidance Actions

    4.16.13

  • The FCRA, ECOA and the Consumer Financial Protection Bureau: Two Areas of Ambiguity the Bureau May Address

    1.08.13

  • For Sale by Receiver

    By Joshua A. del Castillo, co-author, in Scotsman Guide

    Article

    1.02.13

  • Recent Ninth Circuit Decision Emphasizes Importance Of Remaining Vigilant – And Current – In Connection With Consumer Finance Regulation Compliance

    9.17.12

  • "Who is going to pay for this?" California Court of Appeal Highlights Receiver Compensation Issues

    7.20.12

  • 61 Allen Matkins Attorneys Named Among Super Lawyers 2012 and Rising Stars 2012

    More Than 40 Percent of Firm's Partners Make the List

    Press Release

    7.19.12

  • Sales by Rents and Profits Receivers: A Discussion of the Practice and Governing Law

    By Joshua A. del Castillo, co-author, in Receivership News

    Article

    2.27.12

  • 7th, 9th Circuit Cases To Affect Federal Equity Receiverships

    By Joshua A. del Castillo and Ted G. Fates in Daily Journal

    2.06.12

  • 7th, 9th Circuit Cases To Affect Federal Equity Receiverships

    By Joshua A. del Castillo and Ted G. Fates in the Daily Journal

    Article

    2.06.12

  • Recent Seventh and Ninth Circuit Cases Affect Federal Equity Receiverships

    2.01.12

  • California Superior Court Invalidates Receiver’s Sale of Real Property Holding That the Sale of Collateral Over the Objection of the Borrower is Tantamount to Foreclosure

    This alert applies to secured lenders and court-appointed real property receivers considering the disposition of receivership estate property by receiver’s sale.

    8.17.11

  • Respecting Foreclosure: Section 2923.5 Remedies Clarified

    By Joshua A. del Castillo in Los Angeles Daily Journal

    6.23.10

  • Respecting Foreclosure: Section 2923.5 Remedies Clarified

    By Joshua A. del Castillo in the Los Angeles Daily Journal

    Article

    6.23.10

  • The New Age of Real Estate Loan Defaults

    By Joshua A. del Castillo, co-author in Real Property Law Reporter

    Article

    1.01.08

  • Are You Ready for the Next Downturn? A Primer on Key Cases Affecting Commercial Real Estate Lenders in California

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