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Peter Franklin has been counseling, writing, and teaching about creditor’s rights, bankruptcy, receivership and related matters for nearly 39 years. He represents parties in complex Chapter 11 reorganizations, creditor’s committees, and bankruptcy proceedings for unsecured and secured creditors, debtors, trustees, and examiners, and has served as receiver or receiver’s counsel in complex federal receivership proceedings. Mr. Franklin has been involved in a number of major bankruptcy reorganizations occurring throughout the United States and was appointed Receiver by the United States District Court in Dallas at the request of the SEC. Education J.D., Southern Methodist University School of Law, 1969 B.A., Ohio Wesleyan University, 1966 Bar Admissions Texas Representative Experience Represented major Insurance Company prosecuting its shopping center landlord rights in the Montgomery Ward Chapter 11 proceeding, District of Delaware. Represented major national bank in the defense of a multi hundred million dollar RICO and; lender liability adversary suit with simultaneous proceedings in both the Bankruptcy Court, Eastern District of Texas and the Northern District of Texas. Served as Receiver Pendente Lite in SEC v. Highland Financial Corporation, Northern District of Texas in which he directed a team of attorneys prosecuting multiple suits to monitize and liquidate numerous assets to pay dividends to creditors and investors. Represented creditor’s committee in Express One International Chapter 11 proceedings, Eastern District of Texas obtaining 80% dividend for unsecured creditors. Represented $50,000,000 bond holder on the creditor’s committee and as a defendant in multiple hundred million dollar adversary proceedings in General Homes Chapter 11 proceedings, Southern District of Texas. Represented FDIC with regard to its multiple hundred million dollar claims in Texas American Bank Shares Chapter 11 proceedings, Northern District of Texas. Represented 32 former officers and/or directors of a large Financial Corporation and various affiliate corporations in defense of the Chapter 5 avoidance and D&O litigation in both State Court and Bankruptcy Court brought by the post-confirmation Chapter 11 Trustee. Served as post-confirmation Examiner in the Ken Davis Chapter 11 proceedings, Northern District of Texas. Represented Chapter 7 Trustee in the Miller Personnel d/b/a America Workforce Chapter 7 proceeding in collecting more than $25,000,000 in litigation proceeds and resolution of over $50,000,000 in claims, Northern District of Texas. Represented a major regional bank secured creditors in simultaneous multi-jurisdictional Chapter 11 proceedings of an Oil Company and subsidiaries in Los Angeles, California; El Dorado, Arkansas; and London, England. Represented the creditor committee in TeraForce Chapter 11 proceedings in Northern District of Texas. Publications & Presentations Author: The Real Estate Lender and Chapter XI Some Practical and Procedural Considerations, Bulletin of the Texas State Bar Business Section (1976) Lease Bankruptcy Termination Clauses and Equitable Powers of Chapter XI Court, 15 Hou. L. Rev. 283 (1978) Author and Speaker: A Practical Guide to the Use of Summary Judgment Motions in Texas, Paper, Dallas Bar Association (October 19, 1984, Dallas, Texas) Pre-Bankruptcy Planning Issues in Workout Situations, S.M.U. First Annual Institute on Fundamentals of Commercial Lending (April 29-May 2, 1985), Dallas, Texas) Materials for Panel Discussion on Loan Workouts, S.M.U. Second Annual Short Course on Law of Banking Institutions (December 5, 1985, Dallas, Texas) Materials for Panel Discussion on Loan Workouts, S.M.U. Second Annual Institute on Fundamentals of Commercial Lending (April 28-May 1, 1986, Dallas, Texas) Pre-Bankruptcy Planning Issues in Workout Situations, S.M.U. Second Annual Institute on Fundamentals of Commercial Lending (April 28-May 1, 1986), Dallas, Texas) Developing Theories of Lender Liability, S.M.U. Third annual Short Course on Law of Banking Institutions (November 12, 1986, Dallas, Texas) Loans, Lenders and Liabilities: Issues That Remain Open After the Loan Closes,Texas State Bar Seminar on Suing, Defending and Negotiating with Banks (1986) Borrower’s Litigation Perspective, S.M.U. Third Annual Institute on Commercial Lending (April 27-May 1, 1987, Dallas, Texas) Good Faith Filings: Life in the ‘Gap’ Defending Against and Living with Involuntary Bankruptcies, S.M.U. First Annual Institute on Advanced Bankruptcy Law (May 1, 1987) Federal Bankruptcy Concerns, S.M.U. Fourth Annual Institute of Commercial Lending (April 14-15, 1988, Dallas, Texas) The Bankruptcy Case Chapter 11, Selected Topics Dealing with a Chapter 11 Reorganization, The Banking Law Institute on Loan Workout, Restructure and Bankruptcy (October 27-28, 1988, San Francisco, California) Special Problems Encountered with Debtor Bank Accounts in Bankruptcy, The Bankruptcy Law Institute on Loan Workout, Restructure and Bankruptcy, (November 17- 18, 1988, Scottsdale, Arizona) Durrett and Fraudulent Transfers, Frost & Sullivan Workout and Bankruptcy Conference (December 5-9, 1988, Palm Beach, Florida) Lender Liability Claims, 2 S.M.U. Second Annual Institute Advanced Bankruptcy Law 14-1 (1988) Notice Procedure and practice in the Bankruptcy Area, 3 S.M.U. Third Annual Institute Advanced Bankruptcy Law 1-1 (1989) Executory Contracts and Leases, Frost & Sullivan Conference on Loan Workouts, LBOs and Bankruptcy, (July 20-21, 1989, San Francisco, California) Loan Workouts-Environmental Issues, Frost & Sullivan Conference on Loan Workouts, LBO and Bankruptcy, (July 20-21, 1989, San Francisco, California) Pre-Filing Issues, 4 S.M.U. Fourth Annual Institute Advanced Bankruptcy Law 1-1 (1990) Failed Banks and Ensuing Imbroglios --- A Miscellany,S.M.U. Fourteenth Annual Banking Law Institute, (1991) Chapter 7 Trustee v. Chapter 11 Professionals: The Chapter 7 Trustee’s Right to Recover Previously Paid Chapter 11 Professional Fees, Norton Annual Survey of Bankruptcy Law (1996) Press Release Locke Lord Bissell & Liddell Dallas-Based Attorney Named President of Dallas Chapter of the Turnaround Management Association 11/12/2007 Locke Lord Bissell & Liddell Attorneys Named Texas Super Lawyers 2007 in Texas Monthly Magazine 10/10/2007 Locke Liddell & Sapp Attorneys Named Texas Super Lawyers 2006 In Texas Monthly Magazine 9/29/2006 Turnaround Management Association: The Nuts and Bolts of Trusteeship Federal Bankruptcy Judges Panel Professional History Partner in the law firm of Locke Liddell & Sapp Briefing attorney for James L. Noel, United States District Judge, Southern District of Texas, 1969-1971 Law Clerk, Texas Court of Civil Appeals, Dallas, Texas Judicial District, 1968-1969 Professional Affiliations Master, Pupilage Group Leader and former Dean of the Chapter 11 class sponsored by the John C. Ford Bankruptcy Inn of Courts Dallas-Fort Worth, Texas Chapter Adjunct Professor; Bankruptcy and Corporate Reorganization, Texas Tech University Law School, 1983 Adjunct Professor; Advanced Bankruptcy, Southern Methodist University Dedman School of Law, 1984-1990 Co-Chairman, Faculty Member and Author, Southern Methodist University School of Law's Annual Advanced Bankruptcy Seminar Series Member, American Bankruptcy Institute and many of its committees Director and Vice-President, Dallas Chapter of the Turnaround Management Association Member, American Bar Association and its Sections and Subcommittees thereof in the areas of Business Law, Bankruptcy and Litigation Member and Past Chairman, Dallas Bar Associations Committee on Relations with the Bankruptcy Judiciary Named Texas Super Lawyer by Texas Monthly Magazine. |
