Dean T. Kirby, Jr.
Top rated creditor debtor rights attorney in San Diego, California
Franklin Soto Leeds LLP
Practice Areas: Creditor debtor rights, Real estate; view more
Licensed in California since: 1979
Education: University of California Berkeley School of Law
Selected to Super Lawyers: 2008 - 2023 Call today:
619-525-1652
Franklin Soto Leeds LLP
444 West C StSuite 300
San Diego, CA 92101 Visit website
Details
As of counsel with the firm of Franklin Soto Leeds LLP, 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. Mr. Kirby assists clients in navigating the complexities involved in these matters. Mr. Kirby represents lenders in collecting loan obligations via foreclosure or in contested bankruptcy proceedings. He helps creditors retain money and property received before bankruptcy petition is filed. This includes, for example, defending against "avoidable transfer" lawsuits filed by bankruptcy trustees. 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. He also assists parties interested in acquiring assets from debtors in bankruptcy.Â
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.Â
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.
* 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
Creditor debtor rights: business, Real estate: businessFocus areas
Collections, Foreclosure, Loan modifications
First Admitted: 1979, California
- 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
- University of Nebraska-Lincoln, B.A., Political Science, 1976
- University of California - Berkeley, Juris Doctor, 1979
- 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
- 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
- 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)Â , 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, Â 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
- 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
- American Bankruptcy Institute
- California Mortgage Association
- United Trustee's Association
Selections
- Super Lawyers: 2008 - 2023
