Joshua A. del Castillo

Litigation and Bankruptcy

• Bankruptcy. Obtained nunc pro tunc approval of disputed settlements valued at over $50 million for the holder of environmental contribution claims in a nationally publicized bankruptcy.
• Commercial Lenders. Represented lenders in dozens of multi-million-dollar bankruptcy and breach of contract disputes.
• Creditors’ Rights. Successfully avoided securing a creditor’s foreclosure of a flagship retail establishment in connection with an alleged $1 billion loan default, laying the groundwork for an effective workout.
• Developers. Successfully defended a multi-million-dollar preferential transfer claim brought by a bankruptcy trustee.
• Mortgage Lenders. Successfully represented a national mortgage lender in over 100 commercial litigation matters, in both state and federal courts, including bankruptcy courts and courts of appeal.
• Non-Profit Organizations. Provided 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. Beasley, et al., (U.S. District Court, District of Nevada). Represented a receiver in an enforcement action alleging a $500 million Ponzi-like investment scheme based on purported tort settlement investments.
• Federal Trade Commission v. Green Equitable Solutions, et al., (U.S. District Court, Central District of California). Represented a receiver in an enforcement action alleging a multi-million-dollar mortgage assistance fraud.
• Securities and Exchange Commission v. McKinley Mortgage Co. LLC, et al., (U.S. District Court, Eastern District of California). Represented a court-appointed monitor in an enforcement action alleging a Ponzi-like investment scheme that raised tens of millions from investors, based on purported investments in securitized mortgages, and in which Ponzi funds were used to purchase millions of dollars of assets located outside of the United States.
• 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.
• 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 administer a hedge fund, at the request of the Securities and Exchange Commission.

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 a receivership estate comprised of an abandoned industrial recycling facility. Assisted receiver with site clean-up, marketing, and successful 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 numerous 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 comprised of multiple 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 a national institutional investor 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. Advised regarding 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.