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Robert P. Franke

Member
Office

Dallas

901 Main Street
Suite 6000
Dallas, TX 75202
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Fax: 214.659.4057
Education
J.D., Dedman School of Law, Southern Methodist University, Dallas, Texas, 1982
B.A., magna cum laude, Trinity University, San Antonio, Texas, 1979
State Bar Licenses
Texas
Court Admissions
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., E.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit

Robert P. Franke

Member

Bob's practice focuses primarily on creditor's rights, bankruptcy, and insolvency. His practice includes the representation of financial institutions, privately and publicly held companies, insurance companies, fidelity and surety companies, indenture trustees and investors in financial restructurings, out-of-court workouts and bankruptcy cases. His representation encompasses all aspects of bankruptcy restructuring and litigation, including plan confirmations, post-petition financing, cash collateral disputes, reclamation claim preferences, fraudulent conveyances, turnover actions, stay litigation, lease claims, executory contracts and claims objections.

In addition, Bob provides clients with advice on structuring transactions. He has provided legal opinions on such issues as substantive consolidation, fraudulent conveyance exposure, "true lease" and "true sale" characterizations and the validity and perfection of liens.

Bob currently serves as Member-In-Charge of the firm's Dallas office and is co-leader of the Corporate Restructuring and Bankruptcy Practice Group.

EXPERIENCE

Financial Institutions

  • Representation of lenders in out-of-court workouts and bankruptcies in various industries including real estate, construction, healthcare, transportation, oil and gas, technology, manufacturing and retail.
  • Representation of a lender in defeating Chapter 11 debtors "Roll Up" case involving $20 Million in real estate properties.
  • Representation of a lender in workout of $20 million obligation secured by aircraft.
  • Representation of a lender in workout of obligation secured by trucking inventory manufactured overseas.
  • Representation of a secured lender in Chapter 11 reorganization of psychiatric hospital.
  • Representation of a secured lender in Chapter 11 reorganization of real estate development company in Grapevine, Texas.
  • Representation of a secured lender in Chapter 11 case of Debtor that provided brokerage clearing and clearing-related operational technology services.

Energy, Oil & Gas

  • Representation of upstream company in protecting seismic data licenses in the Global Geophysical Services, Inc. bankruptcy case.
  • Representation of midstream company in enforcing claims and maritime liens in the O.W. Bunker bankruptcy case.
  • Representation of midstream company in enforcing claims in the Cal Dive International, Inc. bankruptcy case.
  • Representation of upstream company in enforcing claims in the New Gulf Resources and Sabine Oil & Gas bankruptcy cases.
  • Representation of oil field service company in enforcing claims in the Swift Energy Company bankruptcy case.
  • Representation of upstream company in enforcing claims in connection with decommissioning obligations in Harvest Oil & Gas Co. bankruptcy case.
  • Defend upstream & oil field service companies in preference and avoidance actions.
     

    Manufacturing and Industrial

  • Representation of a manufacturer of high-speed printers and wide format copiers in bankruptcy cases filed throughout the United States. Issues involve the company's software licenses, equipment leases and the recovery of equipment.
  • National representation of the manufacturer of valves, pumps and seals in energy exploration and production bankruptcies including,  Abensia Holding (D. Del) , Westinghouse Electric  (D. Del), Lockwood Holdings, Inc. (SD. Tex.), M&G USA (D. Del.), Murphy Energy (ND. Tex.), Mid-States Supply Company, Inc.  (WD. Mo.), SHERWIN ALUMINA COMPANY, LLC (SD. Tex) and Hoku Corporation and Hoku Materials (D. Idaho) .  Issues include critical vendor treatment, executory contracts, asset sales, plan treatment and preference defense.
  • Representation of manufacturer on the committee of unsecured creditors in Chapter 11 distributor case.
  • Representation of manufacturer in out of court workouts with distributors and customers.

Transportation

  • Representation of custom brokerage and freight forwarding firm in enforcing claims with Chapter 11 case and preference defence.

Fidelity & Surety

  • Representation of fidelity and surety companies in bankruptcy cases filed by principal and indemnitors.

Media

  • Representation of global media company in professional sports franchise bankruptcy.

PRESENTATIONS

  • Frequent Internal Client Training Seminars - Creditors Rights & Bankruptcy

PUBLICATIONS

  • Incomplete Description of Collateral in the Financing Statement May Negatively Impact Priority and Bankruptcy Rights, Strasburger Business Reorganization and Bankruptcy News Alert (January 2014)
  • Co-author. When a Mortgage Company Goes into Bankruptcy (December 2006)
  • Collection Law in Texas - Bankruptcy Law, Lorman Publication Service (1999-2002)
Awards/Achievements
Recipient of Strasburger's Mentor of the Year (2016) selected by Strasburger Associates
Named D Magazine Best Lawyer by Best Lawyers (2009, 2018)
Memberships
State Bar of Texas, Member
Dallas Bar Association, Bankruptcy Section
American Bankruptcy Institute, Member
John C. Ford Inn of Court, Master
Notre Dame School of Dallas, Board Member
St. Patrick's Catholic School Advisory Council, Former President
PHorum (Presbyterian Hospital of Dallas) - The Heartbeat 5K and Healthy Heart Fair, Former Planning Committee Chair