Barbara L. Franklin
Barbara L. Franklin, Attorney at Law
45 - 3438 Mamane Street
Building #2
Honoka'a, HI 96727
Map
Phone: (808) 775-0530 | Fax: (808) 775-1040
http://www.island-law.com
Island Law - Courteous, Confident Representation
Legal Topic
Bankruptcy
Preferred New Clients
Bankruptcy.
Sub-Topics
Business Bankruptcy
Chapter 11
Chapter 13
Chapter 7
Collections & Repossessions
Credit Disputes
Credit Repair
Credit Restoration
Creditor Harassment
Debt Relief
Family Farmer Bankruptcy Chapter 12
Foreclosure
Garnishments
Personal Bankruptcy
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
Bar Admissions
HI, Nov 2003
Bar Number: 8021
Other Court Admissions
District Court (Federal) and 9th Circuit Court of Appeals.
Association Memberships
Hawai'i State Bar Association, American Bankruptcy Institute, American Bar Association, Hawai'i Bankruptcy Bar Association, and National Association of Consumer Bankruptcy Attorneys.
Continuing Education
I attend NACBA conferences, HSBA Bankruptcy Section CLE and bankruptcy seminars throughout the year. I always exceed the recommended number of education hours.
Papers and Publications
Franklin, Barbara L., "Impact of Bankruptcy on the Landlord Tenant Relationship," and Speaker, 2010, Sterling Education Services, Eau Claire, Wisconsin.
Franklin, Barbara L., Yerbich, Thomas J., "Advanced Consumer Bankruptcy Issues," National Business Insitute, Seminar in Anchorage, Alaska, 2001.
Eakin, Barbara L., "Can Your Business Take Advantage of a Sales Tax Deferral?" Washington Business, Association of Washington Business, Vol. 23, No. 22, August 16, 1985.
Example Cases
• Negotiated settlement of landlord claim avoiding bankruptcy for personal guarantors.
• Successfully filed a Chapter 7 case for education professional with over average income who had significant health issues.
• Successfully defended and settled a preference action by a trustee in a bankruptcy case involving a "Ponzi" scheme, successfully removing him after the discharge of a Chapter 7 bankruptcy.
• Successfully completed arbitration over limited liability company issues and contract for land transfer.
• Successful confirmation of Chapter 12 potato farmer
• Obtained BMW and return of cash bond in a replevin action
• Chapter 13 confirmation rate exceeds state average
• United States Trustee has never filed a motion to dismiss for substantial abuse in any of the chapter 7 cases filed
• Bankruptcy analysis supported a reduced settlement with shopping center leasor
Education
Seattle University School of Law
Juris Doctor
Seattle
WA
1986
University of Washington
Bachelor of Arts
Seattle
WA
1983
Cum Laude.
Distinction in English.
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
Number of Attorneys
1
State Licensed In
Hawai'i
Firm Focus and History
Bankruptcy and real estate matters. I represent all parties in bankruptcy, particularly Chapters 7 and 13. I have worked on Chapter 12 bankruptcy, specifically for farmers. I have numerous clients with real estate concerns, whether just a deed or creating an easement. Small businesses and consumers are well-suited to my practice.
I retired from the Department of Justice in 2002. I was admitted to the Hawai'i State Bar Association in 2003 and have my own practice in Honoka'a, Hawai'i. I have over 20 years of bankruptcy experience and have represented both debtors and creditors, including a trustee.
Previous Employment Summary
I was Assistant to the U.S. Trustee, District of Alaska from 1990 to 2002.
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
What is your opinion regarding clients educating themselves on legal issues?
Clients need to understand how the law applies to their circumstances and when to seek legal advice. So many problems can be averted by seeking advice early on, or learning to pay attention to the "warning signs."
Are you willing to review documents prepared by clients?
I am willing to review documents; however, I will not "rubber stamp" my approval if I see problems. I would rather provide direction before a document prepared.
Are you willing to coach clients who want to represent themselves?
In some circumstances, coaching is acceptable, depending on the skill and education of the client and willingness to accept alternative views of resolution.
Why did you decide to be a lawyer?
I enjoy reading and studying law. I love to help people solve their problems.
What work experience and education helps you be a better lawyer?
I raised five children, dealt with personal crises, put myself through law school, climbed mountains, ran triathlons, developed a spiritual practice and learned yoga. I understand people and society. I have been a landlord, a tenant, and bought and sold property.
I listen to people and can come up with solutions to their problems according to the Bankruptcy Code and Real Estate laws.
Why did you decide on your primary area of practice?
Bankruptcy and real estate are the best way for me to help people in crises. I communicate resolutions and give hope and direction for their future.
What do you like best about your career?
Understanding how the law works to help people deal with everyday problems and making the law work for them. I like to help people find constructive ways of resolving problems to better their lives.
Tell us about your law firm:
I am a solo practitioner with a wonderful team working with me to create a comfortable environment for my clients. Often people come into my office nervous and scared. My team helps them feel comfortable and even has brought them laughter. My paralegals are very thorough and experienced. One has a background in finance and mortgages, one has extensive litigation experience and one has several years experience in bankruptcy dealing with all facets of the practice. My office manager not only takes care of the back office, but also greets my clients with a smile and a sensitivity that helps make my clients feel welcomed. A good cup of coffee or tea is always offered.
What are your strengths and style?
I listen to my clients and go over their situation thoroughly to get a clear picture of what their needs are. I want my clients to be actively involved in solving their problems, especially personal financial issues. I expect my clients to ask questions and prepare for meetings so I can better serve them. I hold to the rules of the court, and understand what the U.S. Trustee is looking for, which enables me to be a more efficient, thorough attorney.
Personal Interests:
I love to garden and cook what I grow. Reading and playing with my two dogs are two of the best ways for me to relax, plus I enjoy yoga and meditation, which aids me in becoming more focused and centered. On occasion, I teach yoga to friends and my staff.
Politics are important to me. I live in a small community and enjoy being involved in many areas. For instance, I am involved in the youth community and our local business association. I am also heavily involved in the ACLU.
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
Office Manager/Assistant
Jeanne M. Keller
Fax
(808) 775-1040
Office Hours
Monday through Friday
8:30 a.m. to 5:00 p.m., closed on government holidays.
Emergency After Hours
No
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
Fixed-Price Services and Fees
I charge $275.00 per hour for all bankruptcy and insolvency matters and usually give my clients a flat rate once we determine what chapter will be filed. Paralegals time is charged at $100 per hour. If I am doing a bankruptcy analysis to support an out-of-bankruptcy workout, or researching issues to determine the appropriate chapter, the charges are hourly. Any hourly fees charged usually will be given as credit against a flat fee. Chapter 7 fixed fees for a single person with only unsecured debt will start at $1500, exclusive of costs. Chapters 11 and 12 are handled on a hourly basis and retainers are routinely requested.
Hourly Rates
$275 for bankruptcy and insolvency legal services; $225 for state court matters. I do not accept contingency fee cases.
Free Initial Consultation?
For bankruptcies, I give my clients an hour free with a paid hour. In other words, I charge $250 for a bankruptcy consultation that takes about two hours to complete. For State Court matters, I charge $225 an hour and give them a half hour free, in other words, the time it takes to understand their situation is on me. When it is time for advice, that is when I start implementing my fees.
Typical Retainer
I generally charge a flat fee of about $1,900 for a joint consumer Chapter 7 with no complications. In the District of Hawai'i we have court established Guidelines for a Chapter 13 Attorney Fees and I generally stay within that guideline which starts at $3,200. My retainers vary depending on the case and whether it is complicated or routine. Small business bankruptcies are typically $2,500 and up for a chapter 7. Chapter 11 or 12 can be much higher. I generally will charge $500 for a simple collection case; $800 for a landlord/tenant matter; $300 for a quit claim deed; and $300 for a landlord agreement. Since I do not concentrate in any one area, the legal services are customized for the client and individualized to fit their situation. This can result is lower fees. I do ask my clients to provide publicly recorded information and documents, which saves time and money and reduces delay in providing services. I also expect clients to be well-organized, which also keeps the cost down. A client who has done some homework and understands what they are asking for can be served less expensively, than a client who wants you to spend the time to educate them. That is where NOLO comes in: the NOLO publications are the best and can help a client understand what is needed and how best to prepare.
This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.
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