Robert A. Franklin
PEOPLE

Robert A. Franklin

Of Counsel
franklin.robert@dorsey.com

Overview

BOB GUIDES DEBTORS AND CREDITORS THROUGH THE BANKRUPTCY RESTRUCTURING AND LITIGATION PROCESS AND HELPS CLIENTS COST-EFFECTIVELY RESOLVE THEIR COMMERCIAL DISPUTES.

Bob has over 30 years of experience in these matters, including confirmation of plans of reorganization, relief from stay, contested cash collateral litigation and objections to claims. Bob has prosecuted or defended over 300 preference or fraudulent conveyance actions and has helped officers and directors defend against allegations of breach of fiduciary duties. He is pragmatic and sensitive to cost-effective resolution of such disputes.

Bob has served as a Resolution Advocate for the United States Bankruptcy Court for the Northern District of California, helping parties mediate disputes and is a past-president of the Bay Area Bankruptcy Forum and current co-chair of the Northern District of California Bankruptcy Court Bench-Bar Liaison Committee.

Education & Admissions

Southwestern University School of Law (J.D., 1979)

Santa Clara University (B.S., Political Science, 1976)

Admissions

  • California

Experience

Representative Litigation

Bob served as trial and appellate counsel in the following published appellate decisions: 

  • In re Quality Laser Works, 211 B.R. 936 (9th Cir BAP 1997) 
  • Robert J. Williams, Inc. v. Official Unsecured Creditor’s Committee, 238 B.R. 475 (9th Cir. BAP 1999) 
  • MicroAge, Inc. v. Viewsonic Corp. (In re MicroAge, Inc.), 291 B.R. 503 (9th Cir. BAP 2002) 
  • AMB v. AB Liquidating (In re AB Liquidating), 416 F.3d.961 (9th Cir 2005).
  • Dye v. Sachs (In re Flashcom), 503 B.R. 99 (C.D. Cal. 2013)

Recent Chapter 11 Cases:

  • ClearEdge Power, Inc. – Defense of WARN Act Claim
  • Technology Properties Limited – lead counsel for Official Unsecured Creditors’ Committee 
  • Kit Digital – represented several creditors in defense of subordination claim 
  • Pacific Metro. – lead counsel for Reorganized Debtor 
  • ATI Liquidating – lead Debtor’s counsel 
  • In re Van Upp – represented secured creditor 

State Court Litigation:

  • Kleidman v. Shah – represented assignee for benefit of creditors on claim for breach of fiduciary duty
  • Harker v. SpinMedia Group – represented assignee for benefit of creditors on claim by Plaintiff to estate funds
  • Van Upp v. 4 Quarters – represented defendant on Truth In Lending Act (TILA) claim

Industries & Practices

  • Banking and Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Commercial Litigation
  • Energy
  • Food, Beverage & Agribusiness
  • Health Care

Professional & Civic

Professional Achievements

  • Committee Co-Chair - Bench Bar Liaison Committee for Northern District of California Bankruptcy Court, 2016 
  • Panel Resolution Advocate for the Northern District of California Bankruptcy Dispute Resolution Program since 1997
  • President and Board Member of the Bay Area Bankruptcy Forum
  • Co-Chair of the 2012 CBF Conference
  • Group Manager of the Congressman Don Edwards Inn of the American Inns of Court, 2005-2007
  • State Bar of California Insolvency Law Subcommittee, Business Law Section, 2002-2005
  • Chairperson of the Santa Clara County Bar Association’s Commercial and Bankruptcy Law Section, 1999

Accolades

  • Listed in Best Lawyers in America©, 2019
  • Listed as a Super Lawyer by San Francisco Magazine, 2005-2018
Robert A. Franklin