US BANK NAT. ASSOCIATION v. SILVERNAGEL

Supreme Court Case No. 21SC836.

528 P.3d 163 (2023)

2023 CO 17

US BANK NATIONAL ASSOCIATION, Petitioner v. Jerome D. SILVERNAGEL and Dan Wu, Respondents.

Supreme Court of Colorado.

April 24, 2023.


Attorney(s) appearing for the Case

Attorneys for Petitioner: Ballard Spahr LLP, Matthew A. Morr , Chad Jimenez , Denver, Colorado.

Attorneys for Respondents: Staggs Morris, P.C., William A. Morris , Denver, Colorado.

Attorneys for Amici Curiae Colorado Mortgage Lenders Association, American Legal and Financial Network, Colorado Bankers Association, Independent Bankers of Colorado, and Mortgage Bankers Association: Messner Reeves LLP, Deanne R. Stodden , Denver, Colorado, Frascona Joiner Goodman & Greenstein, P.C., Elizabeth S. Marcus , Boulder, Colorado, Murr Siler & Accomazzo, P.C., Jamie G. Siler , James P. Eckels , Denver, Colorado.

Attorneys for Amici Curiae Federal Housing Finance Agency, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation: Arnold & Porter Kaye Scholer LLP, Sara Glover , Denver, Colorado.

JUSTICE HOOD delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MÁRQUEZ, JUSTICE GABRIEL, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.


¶1 To what extent does a debtor's discharge in bankruptcy provide a safe harbor from a bank's effort to foreclose on the debtor's home? The answer depends in part on whether bankruptcy affects the amount of time that the bank has to enforce a deed of...

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