Dean T. Kirby, Jr.

Attorney Profile

Top Rated Creditor Debtor Rights Attorney in San Diego, CA

Kirby & McGuinn, A P.C.
 | 707 Broadway, Suite 1750
San Diego, CA 92101
Phone: 619-525-1652
Fax: 619-525-1651
Selected To Super Lawyers: 2008 - 2021
Licensed Since: 1979
Practice Areas:
  • Creditor Debtor Rights: Business (60%),
  • Real Estate: Business (30%),
  • Business Litigation (10%)
    Attorney Profile

    An attorney with Kirby & McGuinn, APC, Dean T. Kirby, Jr., represents clients in San Diego, California. He focuses his practice on representatiion of lenders, landlords, creditors and fiduciaries in bankruptcy, foreclosure and commercial collection matters. this includes, for example, defending against "preference" and "fraudulent transfer" lawsuits filed by bankruptcy trustees. Mr. Kirby assists clients in navigating the complexities involved in these matters and helping creditors retain money and property received before bankruptcy petition is filed. Mr. Kirby also assists borrowers and lenders in the documentation of loans secured by real and/or personal property. Mr. Kirby does not represent consumers as debtors in bankruptcy or in foreclosure disputes.

    After graduating from the University of Nebraska-Lincoln in 1976 Mr. Kirby attended the University of California, Berkeley School of Law (Boalt Hall) and served as an associate editor or the California Law Review, He received his Juris Doctor in 1979.

    Mr. Kirby has acted as counsel to court-appointed receivers, bankruptcy trustees and official creditor committees as well as serving as a Chapter 11 trustee and an examiner. Mr. Kirby is certified as a specialist in bankruptcy law by The State Bar of California Board of Legal Specialization and as a specialist in creditors' rights by the American Board of Certification. He is only one of two California attorneys to achieve this dual certification.  His adherence to legal ethics and superior skills has earned him the highest rating of AV Preeminent* from Martindale-Hubbell.

    Mr. Kirby has shared his knowledge and experience with students as an adjunct professor at Thomas Jefferson School of Law. In addition, Mr. Kirby is a long time member of the American Bankruptcy Institute, the California Mortgage Association, the United Trustee's Association (a regional trade group representing the foreclosure industry) and the National Association of Bankruptcy Trustees.

    * AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

    Practice Areas
    • 60%Creditor Debtor Rights: Business
    • 30%Real Estate: Business
    • 10%Business Litigation
    Focus Areas

    Collections, Foreclosure, Loan Modifications, Mortgage & Refinance


    Selected to Super Lawyers for 14 yearsbottom-image

    Super Lawyers: 2008 - 2021

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    About Dean Kirby, Jr.

    Admitted: 1979, California

    Professional Webpage:


    • Selected by San Diego Magazine as a "Top Lawyer" in the field of Commercial Law, 2014-2016, Top Lawyer - Commercial Law, San Diego Magazine, 2016
    • Rated AV® by Martindale-Hubbell - their highest rating.
    • Associate Editor, California Law Review, 1976 - 1979

    Special Licenses/Certifications:

    • Certified as a specialist in Bankruptcy Law by the Board of Legal Specialization of the State Bar of California
    • Certified as a specialist in Creditor Rights Law by the American Board of Certification. 

    Bar/Professional Activity:

    • United Trustee's Assocation, Serving the foreclosure industry, 2016
    • California Mortgage Association, 2016
    • American Bankruptcy Institute, 2016
    • National Association of Bankruptcy Trustees, 2016
    • Member, Business Litigation Committee of the Business Law Section, California State Bar, 2014
    • Member, Commerical Transactions Committee, Business Law Section, California State Bar, 2011
    • Director of the San Diego Bankruptcy Forum, 2002
    • Member Insolvency Law Committee, Business Law Section, State Bar of California, 1999
    • U. S. District Court for the Southern Districts of California
    • U. S. District Court for the Central Districts of California
    • U. S. District Court for the Eastern Districts of California
    • U. S. District Court for the Northern Districts of California
    • U.S. Supreme Court
    • U.S. Court of Appeals 6th Circuit
    • U.S. Court of Appeals 9th Circuit
    • California, 1979
    • United Trustees Association

    Scholarly Lectures/Writings:

    • Speaker reporting on new cases determining whether trustees under California deeds of trust will be found to be "debt collectors" and therefore subject to the federal Fair Debt Collection Practices Act., Panelist, FDCPA and its Impact on Foreclousre Trustees, United Trustee's Association, 2017
    • Article discussing a recent decision of the California Court of Appeal under California's Unfair Competition Law, and its relationship to the HAMP mortgage modification law., Author, It's a Majd World, Where HAMP = UCL in Cali, United Trustee's Association, 2016
    • National webinar Panelist on issues under UCC Article 9, Panelist, UCC Article 9 Blanket Asset Lien Exclusions and Purchase Money Security Interests, Strafford Publications, 2016
    • Article discussing case law develoments in business law for statewide business law publication., Author, Business Litigation: Year in Review, State Bar of California Business Law Section, 2016
    • Panelist for San Diego County Bar Bankruptcy Section program on the Fair Credit Reporting Act., Panelist, Fair Credit Reporting Act: Law and Practice, San Diego County Bar Association, 2015
    • Payment Intangibles Under UCC Article 9, sponsored by Strafford., Webinar Panelist, 2015
    • Webinar Panelist - Judicial Reference- An ADR Alternative in Business Litigation Sponsored by Business Law Section, California State Bar., 2015
    • Author of article discussing the California Supreme Court's decision in Biancalana v. T.D. Service Co., relating to mistaken bids at foreclosure sales, Author, The California Supreme Court Speaks on Mistaken Opening BIds, United Trustee's Association, 2014
    • Article discussing recent Calfiornia Court of Appeals decision on the enforceability of trust deeds which do not name a trustee., Author, A Trust Deed Without a Trustee?, United Trustee's Association, 2013
    • Member of a bar associiation panel discussing documentation of secured real estate transactions, Panelists, Secured Real Estate Transactions, San Diego County Bar Association, 2011
    • Panelist at the Las Vegas UTA Education Conference to discuss legal develoments in mortgage foreclosure law., Panelist, Challenges to Foreclosure, United Trustee's Association, 2008
    • The article, "Describing Collateral Subject to a "Blanket" Lien, or How to Knit a Big, Soft, Warm Blanket" discusses the pitfalls and complications of trying to describe"everything" in a blanket personal property security agreement. Some mistakes can be disastrous, and some holes in the blanket just can't be patched., Author, Describing Collateral Subject to a Blanket Lien, State Bar of California Business Law Section


    • Documented complex restructure of multi-million dollar. multi-loan financing for landfill., 2015

    Representative Clients:

    • In re Casatic Partners II, LLC, 823 F.3d 966 (2016) - As attorney for the secured creditor, successfully defended on appeal order granting relief from the automatic stay., 2016
    • In re YBA Nineteen, LLC,  505 B.R. 289 (S.D. Cal. 2014) Represented bankruptcy trustee, successfully defending on appeal order converting chapter 11 bankruptcy case to chapter 7., 2014
    • In re McCarther- Morgan, 373 Fed.Appx. 778 (2010) Representing creditor, successfully depended on appeal order dismissing action under Fair Debt Collection Practices Act.  The Ninth Circuit summarily affirmed the order of the Bankruptcy Appellate Panel, 2010
    • In re Moi, 381 B.R. 770 (Bankr. S. D. Cal. 2008) Obtained dismissal of contempt action against a creditor., 2008
    • Nguyen v. Calhoun, 105 Cal.App.4th 428, 129 Cal.Rptr.2d 436, 2003
    • Bank of America, N.A. v. La Jolla Group II,129 Cal.App.4th 706, 28 Cal.Rptr.3d 825, 2005

    Educational Background:

    • University of Nebraska-Lincoln, B.A., Political Science, 1976

    Industry Groups

    • American Bankruptcy Institute
    • California Mortgage Association
    • United Trustee's Association
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    Office Location for Dean T. Kirby, Jr.

    707 Broadway
    Suite 1750
    San Diego, CA 92101

    Phone: 619-525-1652

    Fax: 619-525-1651

    Dean T. Kirby, Jr.:

    Last Updated: 1/4/2021

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