Barbara Franklin
Barbara L. Franklin, Esq. Attorney at Law
Honoka'a, Hawaii 96727
About Barbara Franklin
For more than twenty years, my law firm, Barbara L. Franklin, Esq., Attorney at Law, has served individuals and businesses throughout Hawaii’s Big Island. I focus my practice on real estate law and on debtor/creditor work including all aspects of bankruptcy law. I received my law degree from Seattle University School of Law, formerly known as the University of Puget Sound School of Law, and I am actively licensed to practice law in Hawaii and inactive in Alaska.
As a former Assistant United States Trustee for the District of Alaska, prior to moving to Hawaii, I bring a wealth of bankruptcy knowledge to my clients’ cases. My bankruptcy experience ranges from legal representation to presenting complex bankruptcy issues. In addition to my experience, I also participate as a member in the Hawaii Bankruptcy Bar Association and a board member of the American Civil Liberties Union of Hawaii, outside of my practice. My knowledge of real estate law, particularly, consumer transactions, such as mortgages, and residential transactions, such as purchase and sale of real estate, informs the more difficult issues involving clearing title, easements, and other aspects of owning real property on the Big Island. I also assist owners with County compliance with the short-term vacation rental applications and renewals and will be able to assist hosted rentals with compliance issues if and when the County adopts what is called Transient Accommodation Rental as a code amendment to the zoning code.
Practice Areas
- Consumer Bankruptcy
- Creditors' Rights
- Debt Discharge
- Foreclosures
- Garnishment
- Reorganizations & Restructuring
- Workouts
- Debtor/Creditor
- Dissolution
- Formation & Business Planning
- Limited Liability Companies
- Non-profit & Tax-exempt Organizations
- Bankruptcy Litigation
- Landlord/Tenant
- Residential Real Estate
- Bankruptcy Law
- Business Organizations
- Foreclosure & Alternatives
- Real Estate Law
A “fresh start” is the benefit of using the federal law called bankruptcy to eliminate burdensome debt or the honest, but unfortunate debtor. That fresh start allows consumers to keep a reasonable number of assets, including cars, houses, bank accounts and other personal possessions (yes, and the pets too), provided those assets fit within an exemption scheme under either state or federal law. For example, social security income is exempt under federal law regardless of whether it is in the bank or your pocket. Other exemptions have limits, but there are some exceptions that have unlimited exemptions.
This fresh state comes at a price: honest, complete, accurate, and comprehensive disclosures of assets and liabilities as well as complying with the requirements for debtors filing a chapter 7 or chapter 13 bankruptcy petition.
Other chapters are designed for use by small businesses, farmers, ranchers, and fishers.
Assisting owners facing foreclosure with options to minimize the potential liability for a deficiency judgment requires specialized knowledge of mortgage servicing and workout options that enable clients to gracefully transition or even keep the property in certain circumstances that may involve curing the mortgage payments over a longer period of time than the mortgage servicers will normally allow.
Both stopping a garnishment and starting a garnishment are two sides of the same coin. Debtors have several options to stop the garnishment of their wages or bank accounts, and creditors have options to collect judgments or even lien real property. My knowledge of both sides of that coin can help debtors who live in Hawaii or creditors who may live outside of Hawaii, but need to collect from a Hawaii debtor.
The Hawaii Landlord/Tenant Act is required knowledge for anyone deciding to rent to a person outside their family. As with any business relationship a written contract is necessary to set out the terms and conditions so that the parties expectations can be met. The Act has several unique features due to being an island state, such as requiring a property manager when the owner lives on another island or the mainland. Hawaii also requires property managers who manage for more than one owner to be Hawaii licensed real estate professionals.
The specialize knowledge and strategies of handling evictions that I can mobilize when it requires court action will provide any landlord with the necessary assistance to not only prevent delay, but to be effective if faced with intransigence.
As an adjunct to estate planning, changing title to real property by transferring title is a useful tool when done correctly. To avoid probate, Hawaii has adopted laws that allow a revocable transfer on death deed to be recorded with the name of the person that the present title holder wants to receive that property after the current owner passes. It is a substitute for a trust and even a will for persons with only real property to pass on to heirs. I also handle probate matters that are necessary to clear the title to real property, such as when deceased owners are still on the deed and court action is needed due to the absence of a trust or revocable transfer on death deed in order for the heirs or devisees to sell or claim ownership for themselves.
Some persons may want to transfer property before death to a relative, such as a timeshare, or vacant land. Others may want to add a relative to hold title as a joint owner with the right of survivorship.
Persons purchasing property in Hawaii for the first time may want guidance about Hawaii law and ownership consequences. I can assist in both analyzing a purchase contract, checking the title issues that may arise, and assisting in making sure that the use of the property matches the potential owners expectations.
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Contact Barbara Franklin
(808) 775-0530
45-3438 Mamane Street, Building 2
Honoka'a, Hawaii 96727
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