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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 - 2022
Licensed in California Since: 1979
Practice Areas: Creditor Debtor Rights: Business (70%), Real Estate: Business (30%)
Attorney Profile

An attorney with Kirby & McGuinn, APC, Dean T. Kirby, Jr., represents clients in San Diego, California. He focuses his practice on representation 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.

Mr. Kirby is a long time member of the Commercial Transactions Committee of the California Lawyer Association.  HIs articles and case summaries are regularly distributed to members and have appeared in the CLA's Business Law News. By invitation, Mr. Kirby is a regular contributor to Westlaw's Commercial Finance News.

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 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
  • 70%Creditor Debtor Rights: Business
  • 30%Real Estate: Business
Focus Areas

Collections, Foreclosure, Loan Modifications

Selections

15 Years Super Lawyers
  • Super Lawyers: 2008 - 2022

About Dean T. Kirby, Jr.

First Admitted: 1979, California

Professional Webpage: http://www.kirbymac.com/professionals/dean-t-kirby-jr/

Bar/Professional Activity

  • Commercial Transactions Committee, Business Law Section, California Lawyers Association
  • American Bankruptcy Institute
  • California Mortgage Association
  • National Association of Bankruptcy Trustees
  • United Trustees Association
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Supreme Court
  • U. S. District Court for the Northern Districts of California
  • U. S. District Court for the Eastern Districts of California
  • U. S. District Court for the Central Districts of California
  • U. S. District Court for the Southern Districts of California

Educational Background

  • University of Nebraska-Lincoln, B.A., Political Science, 1976
  • University of California - Berkeley, Juris Doctor, 1979

Honors/Awards

  • Associate Editor, California Law Review, 1976 - 1979, University of California - Berkeley School of Law, 1979
  • Over the past several years, Mr. Kirby has been rated 10.0 by AVVO., AVVO - Highest Rating, AVVO, 2021
  • For the last 25 years - rated AV® by Martindale-Hubbell - their highest rating., AV Rated, Martindale-Hubbell, 2021
  • For the last several years - Selected by San Diego Magazine as a "Top Lawyer" in the field of Commercial Law, 2014-2016, Top Lawyer - Commercial Law, San Diego Magazine, 2021

Scholarly Lectures/Writings

  • Payment Intangibles Under UCC Article 9, sponsored by Strafford., Webinar Panelist, 2015
  • 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 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
  • 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
  • Webinar Panelist - Judicial Reference- An ADR Alternative in Business Litigation Sponsored by Business Law Section, California State Bar., 2015
  • 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, 2018
  • 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
  • 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
  • Member of a bar associiation panel discussing documentation of secured real estate transactions, Panelists, Secured Real Estate Transactions, San Diego County Bar Association, 2011
  • 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

Representative Clients

  • Odyssey Reinsurance Co. v. Nagby, 819 F. App'x 554, 555 (9th Cir. 2020), 2020
  • Odyssey Reinsurance Co. v. Nagby, No. 16-CV-03038-BTM-WVG, 2019 WL 2868928, at *1 (S.D. Cal. July 2, 2019), 2019
  • Obduskey v. McCarthy & Holthus, LLP, 139 S.Ct. 1029 (2019) (amicus brief for the United Trustees Association and other organizations) , 2019
  • Ho v. ReconTrust Co., 840 F.3d 618 (9th Cir. 2016) (amicus for United Trustee's Association);, 2016
  • 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

Special Licenses/Certifications

  • For the past 20 years Certified as a specialist in Creditor Rights Law by the American Board of Certification. , 2021
  • For the past 20 years - Certified as a specialist in Bankruptcy Law by the Board of Legal Specialization of the State Bar of California, 2021

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

Last Updated: 10/8/2021

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