Bob Franke represents financial institutions, privately and publicly held companies, insurance companies, investors and landlords in financial restructurings, out-of-court workouts and bankruptcy cases.
Education
J.D., Southern Methodist University, Dallas, Texas, 1982
B.A., magna cum laude, Trinity University, San Antonio, Texas, 1979
Recognitions
Named among The Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law by Best Lawyers (2023-2024)
Named D Magazine Best Lawyer by Best Lawyers (2009, 2018, 2019)
Recipient of Strasburger’s Mentor of the Year (2016) selected by Strasburger Associates
Memberships
State Bar of Texas, Member
Dallas Bar Association, Bankruptcy Section
American Bankruptcy Institute, Member
John C. Ford Inn of Court, Master
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
Select Representations
Financial Institutions
- Representation of lenders in out-of-court workouts and bankruptcies in various industries including, real estate, construction, healthcare, transportation, oil and gas, manufacturing and retail.
- Representation of an equipment focused financing group in workouts of a $15M loan secured by a fleet of commercial buses and a $20M loan secured by fleet of tugboats/barges.
- Representation of an equipment lender in Chapter 11 cases of Northface Lease, LLC (N.D. Ill.), Eagle Trucklines, Inc. (N.D. TX.) and Piedra Mala Contracting, LLC (W.D. TX.), including securing adequate protection payments, obtaining relief from the automatic stay, and addressing treatment of leases and disposition of rolling stock collateral in connection with plans.
- Representation of an equipment financing affiliate of a regional bank in the Chapter 11 case of Southern Foods Group, LLC d/b/a Dean Foods (S.D.TX.), including securing adequate protection payments and lease restructure in connection with asset sale under plan of reorganization.
- Representation of a lender in workout of $20 million obligation secured by aircraft.
- Representation of equipment lender in Chapter 11 and Subchapter V cases involving rolling stock.
- 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 lender in defeating Chapter 11 debtors “Roll Up” case involving $20 Million in real estate properties.
Manufacturing and Industrial
- National representation of the manufacturer of valves, pumps and seals in energy, power and EPC contractor bankruptcy cases including, Zachry Holdings (S.D. TX.), Abensia Holding (D. Del), Westinghouse Electric (D. Del), Lockwood Holdings, Inc. (S.D. TX.), M&G USA (D. Del.), Murphy Energy (N.D. TX.), Mid-States Supply Company, Inc. (W.D. Mo.), SHERWIN ALUMINA COMPANY, LLC (S.D. TX.), Hoku Corporation and Hoku Materials (D. Idaho), McDermott International, Inc. (S.D. TX.), Limetree Bay Refinery, LLC (S.D. TX.), and Talen Energy Supply, LLC (S.D. TX.). Issues include critical vendor treatment, executory contracts, asset sales, plan treatment and preference defense.
- Representation of upstream company in enforcing claims in the New Gulf Resources and Sabine Oil & Gas bankruptcy cases.
- 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.
- Representation of manufacturer on the committee of unsecured creditors in Chapter 11 distributor case.
- Representation of manufacturers in out of court workouts with distributors and customers.
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 and Cal Dive International, Inc. bankruptcy cases.
- Representation of oil field service company in enforcing claims in the White Star Petroleum, Cloud Peak Energy Inc., and MTE Holdings, LLC bankruptcy cases.
- 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.
Retail
- Representation of real estate development companies and landlords in multiple retail bankruptcy cases, including Tuesday Morning, Bed Bath & Beyond, Party City and Cinemark.
Transportation
- Representation of custom brokerage and freight forwarding firm in enforcing claims with Chapter 11 case and preference defense.
Insurance
- Representation of an insurance carrier in the Chapter 11 case of one of the largest Wendy’s/Pizza Hut franchisees in the U.S.
Media
- Representation of global media company in professional sports franchise bankruptcy.
Healthcare
- Representation of a financial institution and healthcare advisory firm in Pipeline Health System (S.D. TX.) including assisting financial institution with the disposition of the leased equipment in connection with the bankruptcy sale and drafting/filing proof of claim.
- Representation of a landlord in Adeptus Health (ND. TX.) including addressing disposition of leased premises in the bankruptcy proceeding and drafting/filing proof of claim.
Articles
- Co-author with Andrew Edson and Audrey Hornisher, Bankruptcies in the Crypto Industry, Dallas Bar Association Headnotes (May 2023)
- Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay (January 21, 2021)
- 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)
Media
- Frequent Internal Client Training Seminars – Creditors Rights & Bankruptcy