Kimberly L. Martinez

Kimberly Martinez specializes in commercial litigation in state, federal, and appellate courts.  With more than ten years of experience, her practice focuses on the representation of secured creditors, lessors, asset purchasers, mortgage lenders, financial institutions, and individuals in complex litigation, judicial foreclosures, quiet title actions, mechanic’s lien enforcements, workouts, and bankruptcy proceedings.

Representative Transactions/Representative Cases

Represented reputable loan origination company in a seven-day jury trial, resulting in favorable jury verdicts finding no liability for wrongful termination claims filed by several employees for reporting alleged mortgage fraud.

Represented several investors and loan servicers in multiple bankruptcy adversary proceedings arising from a complex Ponzi scheme and state court receivership action.

Represented loan investor in the New Mexico Court of Appeals and New Mexico Supreme Court, both resulting in affirmance of the lender’s standing to enforce its note and lien interest.  Standing is a highly contested issue in New Mexico.

Represented law firm successfully in a case involving an issue of first impression in Federal District Court under the Federal Fair Debt Collection Practices Act regarding the duty of debt collectors to provide only one validation letter for a single debt in connection with multiple foreclosures.

Defended the FDIC successfully in various cases by asserting the statutory special powers defense under the Financial Institutions Reform, Recovery, and Enforcement Act

Gordon v. Bank of America, N.A. (In re Gordon) and Zeman v. Pahs (In re Pahs), 471 B.R. 614 (D. Colo. 2012), assisted in drafting successful bankruptcy appellate brief to the United States District Court for the District of Colorado regarding the confirmation of Chapter 13 plans attempting to strip secured liens through the use of non-conforming plan language.  The case was affirmed on appeal to the Tenth Circuit.

Publications and Presentations

Kimberly L. Martinez, Carrier Brokers Gone Broke: Who Should Pay the Broker’s Carrier-Subcontractor Services?, 35 TRANSP. L.J. 1, 81-88 (2008).

Kimberly L. Martinez and Elizabeth S. Marcus, The Supreme Impact: Carlisle’s Effect on FDCPA Ruling, The Wire (2011).

Deanna Westfall, Jeremy Peck, and Kimberly L. Martinez, The Practitioner’s Guide to Colorado Business Organizations, 2nd Ed., Vol. 1 (June 2011).

Kimberly L. Martinez, What Constitutes Sufficient Notice in Real Property Records After Sender v. Cygan?, Business Law Newsletter, Colorado Bar Association, Business Law Section (2012).

Amicus Brief on behalf of the Colorado Creditor Bar Association for the Colorado Supreme Court of appeals in Porter v. Lego, 2010SC765 (Colo. 2010) (reversed in creditor’s favor on appeal).

Amicus Brief on behalf of the Colorado Creditor Bar Association for the Colorado Supreme Court of appeals in Roup v. Commercial Research, LLC, 2014SC50 (Colo. 2014) (confirmed in creditor’s favor on appeal).

Amicus Brief on behalf of the Colorado Creditor Bar Association for the Colorado Supreme Court of appeals in Ybarra v. Greenberg & Sada, 2016SC000721 (confirmed in creditor’s favor on appeal).

Bankruptcy Case Law Fall Update, Continuing Legal Education, Colorado Bar Association, September 27, 2019,

Speaker, Bankruptcy Case Law Fall Update, September 27, 2018.

Speaker, Colorado Creditor Bar Association, continuing legal education seminars.

Professional and Community Involvement

  • Lead mock trial coach, DSST Montview teams competing in the yearly Colorado High School Mock Trial and Providence Cup.
  • Treasurer, Membership Committee, and Member, Colorado Creditor Bar Association.
  • Member, Denver Bar Association
  • Member, Colorado Bar Association
  • Member, American Bankruptcy Institute
Kimberly L. Martinez

Contact Information

Denver
303-830-0800
Email

Education

  • University of Denver Sturm College of Law, May 2008
    Recipient of Robert B. Yegge Hispanic Scholarship
    Received Scholastic Excellence Award for Lawyering Process I; Evidence; and Advance Legal Writing
    Assistant Staff Editor, Transportation Law Journal (Spring 2008)
  • Metropolitan State University of Denver, December 2001
    Bachelor of Science, magna cum laude

Admissions

  • Colorado State Bar
  • United States District Court for the District of Colorado
  • New Mexico State Bar (Pending)