Barbara L. Franklin, Attorney at Law

Barbara L. Franklin, Attorney at Law

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 30 years of bankruptcy experience and have represented both debtors and creditors, including trustees. Example cases include both state law actions and federal bankruptcy 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 completed arbitration over limited liability company issues and contract for land transfer; Successful confirmation of three Chapter 12 cases and the first successful ch. 12 discharges in the state; 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; and 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?

One hour free with a paid consultation.

Services Offered For Fixed Fees?

I charge $300.00 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 $125 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. Some bankruptcy cases warrant being handled on a hourly basis and retainers are routinely requested.

Hourly Rates

$300 for bankruptcy and insolvency legal services; $235 for state court matters. I do not accept contingency fee cases.

Office Information

Office Hours

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

Office Manager

Tami Kirk

Emergency After Hours

No

Languages Spoken

English

Bankruptcy

Competent, experienced bankruptcy advice tailored to the clients' needs and designed to take maximum advantage of the bankruptcy discharge available under the various chapters of bankruptcy.

The experience I bring to the client includes a breadth of knowledge that few bankruptcy attorneys have. After working with the Department of Justice in their bankruptcy oversight office for 13 years, my clients have included just about the full range of both consumer and business clients as debtors or creditors, including farmers, ranchers, doctors, dentists, teachers, nurses, clerks, managers, engineers, electricians, mechanics, photographers, retired couples, homeowners, landlords, and many others.

Landlord and Tenant

Solid, experienced legal advice regarding the rights and obligations of both landlords and tenants coupled with creative solutions. Know before you rent!

Issues involving the Hawaii Landlord Tenant Act and Commercial tenancies can be complex and can best be addressed early, often before the tenancy begins. A well-informed landlord who knows the Hawaii Landlord Tenant Act can often gain cooperation from tenants to have a smooth relationship. Tenants who are also well-informed about their rights can be proactive in solving problems with a rental. This is not an area of law that "street smarts" will gain the upper hand. Hawaii's Landlord Tenant Act and Chapter 666 are the keys to understanding how to get the most out of a landlord/tenant relationship.

Real Estate

Debt Settlement

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

Barbara L. Franklin, Attorney at Law

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

University of Washington
Bachelor of Arts, 1983

Barbara L. Franklin

Barbara L. Franklin, Attorney at Law

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