To paraphrase General Colin Powell, there is no secret to success, it is the result of preparation and hard work.

Victor E. Carlin, BANKRUPTCY, BANKING/FINANCE, REAL ESTATE,  Attorney

Victor E. Carlin

Attorney

Mr. Carlin joined the Firm in 1978 after graduating cum laude at the University of Toledo College of Law. Prior to attending law school he served in Vietnam as a Marine helicopter pilot. In 1990 and 1991 he served in Desert Shield and Desert Storm as an Army National Guard helicopter pilot. Subsequently, he served for 15 years as a Judge Advocate in the New Mexico Air National Guard.

Mr. Carlin grew up in Columbus, Ohio, where he was born in 1947. He was admitted to the New Mexico Bar in 1978 and has practiced in both state and federal court from 1978 to the present. Mr. Carlin graduated from the University of Colorado at Boulder in 1969 with a Bachelor of Arts Degree in history.

BANKRUPTCY

Despite the bankruptcy “reform” legislation enacted in October of 2005, bankruptcy continues to be a challenge that lenders, commercial landlords, and businesses must face and deal with. Predictably, downturns in the economy bring increases in business bankruptcies. Mr. Carlin provides creditors with cost-effective legal assistance and guidance through the bankruptcy process. He also helps creditors avoid pitfalls, and maximize their recovery.

Mr. Carlin’s experience includes representation of creditors in the following major New Mexico bankruptcies:

• 2010 Gardunos Chapter 11
• 2002-2010 Furr’s Supermarkets Chapter 7
• 1989-1999 Bellamah Community Development Chapters 11 and 7
• 1986-1998 Alan Antweil oil and gas Chapter 11

Mr. Carlin’s published articles include the following:

• Creditors in bankruptcy proceedings
• Foreclosure sales and bankruptcy
• Creditors rights and the automatic stay

Representative clients:

• First Community Bank, now U.S. Bank National Association
• Wells Fargo Bank, National Association
• Community 1st Bank of Las Vegas, NM
• Community Bank, Santa Fe

BANKING/FINANCE

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and the regulations implementing the Act, are going to have a significant impact on banking in New Mexico and across the country. The resulting financial regulation will impact banks in New Mexico for years to come. The Uniform Commercial Code (UCC) was amended significantly in 2001. The 2005 amendments to the Bankruptcy Code are still the subject of litigation. Meanwhile, given current economic reality, problem loans become special assets which require workouts, foreclosures, bankruptcy work, and litigation.

Mr. Carlin assists small and large banks and other clients resolving legal issues arising out of banking law, the UCC, the Bankruptcy Code. No creditor likes the Bankruptcy Code and the bankruptcy process. However, as Mr. Carlin points out, creditors do have rights under the Bankruptcy Code. Mr. Carlin assists banks and other clients in most lending matters from loan initiation through loan repayment and collection, including workouts, foreclosures, automatic stay relief, litigation, and advice on related legal issues.

Representative clients:

• First Community Bank, now U.S. Bank National Association
• Wells Fargo Bank, National Association
• Community Bank, Santa Fe
• Community 1st Bank of Las Vegas, NM
• Independent Community Bankers Association of New Mexico

Mr. Carlin’s articles published in the New Mexico Bankers Digest include the following:

• Creditors in bankruptcy proceedings
• Foreclosure sales and bankruptcy
• Creditors rights and the automatic stay

REAL ESTATE

90% of Mr. Carlin’s practice involves real estate, directly or indirectly. His practice includes litigation and problem resolution in the areas of creditors rights, debtor-creditor workouts, real estate and commercial lending, and foreclosure, and navigating through the bankruptcy process, including obtaining relief from the automatic stay. He routinely represents banks and other creditors in workouts, foreclosures, and in bankruptcies involving commercial real property.

Representative clients:

• First Community Bank, now U.S. Bank National Association
• Wells Fargo Bank, National Association
• Community Bank, Santa Fe
• Community 1st Bank of Las Vegas, NM