Barbara L. Franklin, Attorney at Law

Island Law - Courteous, Confident Representation

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Firm Overview

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.

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

Main Office

Main
45 - 3438 Mamane Street Building #2
Honoka'a  HI  96727

Phone
  • (808) 775-0530
Fax
  • (808) 775-1040

Fees

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.

Services Offered For Fixed 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.

Office Information

Office Hours

Monday through Friday
8:30 a.m. to 5:00 p.m., closed on government holidays.

Office Manager

Jeanne M. Keller

Emergency After Hours

No

How did your firm decide on the primary area of practice(s)?

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 is your firm's point of view 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."

Is your firm 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.

Is your firm 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.

Barbara L. Franklin

I was Assistant to the U.S. Trustee, District of Alaska from 1990 to 2002.

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.

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.

License
  • Bar Number: 8021
    Hawaii , 2003
Education
  • Seattle University School of Law
    Juris Doctor , 1986
    Seattle, WA
  • University of Washington
    Bachelor of Arts , 1983
    Seattle, WA
    Distinction in English.

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