The Franklin Law Firm

Areas of Concentration

Commercial and Real Property Disputes and Insolvency:
We devote a significant amount of time working on disputes over business, real estate and commercial transactions that cause or arise in insolvency. As a result, we appear in state trial and appellate courts, and in federal bankruptcy, district and appellate courts.

We handle simple and complex bankruptcy litigation, to include:

Motions for stay relief
Secured creditor representation, including priority and valuation disputes.
Executory contract and lease matters, including all facets of assumption, rejection and cure.
Contested plans of reorganization.
Defense of preference proceedings and secured creditor/lease financier proceedings, from small preference claims up to complex litigation.
Defense and prosecution of avoidance proceedings.
Disputes over the purchase or sale of assets through bankruptcy.
Proof of claim preparation; claim allowance and subordination proceedings.
Administrative claim proceedings.
Prosecution and defense of nondischargeability proceedings.
Debt recharacterization proceedings.

We also handle non-litigation needs before or in bankruptcy, such as:

Workouts and other negotiated resolutions.
Prepackaged plans of reorganization
Small Chapter 11 cases for debtors.
Bankruptcy asset purchases in which clients have purchased part of enterprises from Chapter 11 debtors.

We work frequently for creditors, but also do debtor representation. We have represented Chapter 7 and 11 trustees in asset recovery litigation. We represent governmental entities.

Corporate Governance:
We prosecute and defend civil cases against directors and officers for breach of fiduciary duties (D & O litigation). We also handle disputes over shareholder rights and oppression, and occasionally some securities claims. We work on matters involving closely held corporations as well as matters involving publicly traded companies.

Past Representations in Bankruptcy Cases

In re Kroh Brothers Development Company (Bankr. W.D. Mo.)
In re Trans World Airlines, Inc. (I) (Bankr. D. Del.)
In re Bill's Coal (Bankr. D. Kan.)
In re Doskocil Companies (Bankr. D. Kan.)
In re Sunflower Racing, Inc. (Woodlands Race Track) (Bankr. D. Kan.)
In re Loewen Group International, Inc. (Bankr. D. Del.)
In re Integrated Medical Resources, Inc. (Bankr. D. Kan.)
In re Stoico Restaurant Group, Inc. (Bankr. D. Kan.)
In re Pacific Gas & Electric (Bankr. N.D. Cal.)
In re Kmart Corporation (Bankr. N.D. Ill.)
In re Payless Cashways, Inc. (Bankr. W.D. Mo.)
In re Didde Web Press Corporation (Bankr. D. Kan.)
In re Trism, Inc. (Bankr. W.D. Mo.)
In re Farmland Industries, Inc. (Bankr. W.D. Mo.)
In re Hayes Lemmerz International, Inc. (Bankr. D. Del.)
In re Atchison Casting Corporation (Bankr. W.D. Mo.)
In re Optimation USA, Inc. (Bankr. W.D. Tex.)

Policy on Attorney's Fees

A top priority in our practice is to build and maintain a long-term attorney-client relationship. The hourly rates some lawyers charge for business and commercial legal services continue to increase. Sometimes, too much attorney time is spent on matters. When hourly rates are high and too much time is spent by timekeepers on projects with a questionable value to the client, clients start cutting off the relationship. We need to help you have reasonable expectations about what your legal dollars will accomplish and we are committed to being frank with our clients about what we think we can accomplish.

My hourly rates vary from $175 to $250 according to expertise required and the complexity of the representation, the duration and volume of our business together, and whether a retainer is furnished or legal bills are paid promptly.

For certain matters, usually small defined or routine matters, e.g., preference defense work, we will consider handling a representation for a fixed fee.

For certain complicated matters with a large recovery, e.g., cases against directors and officers, we will consider a blended or straight contingency fee.

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