Picture of David B. Rao

David B. Rao

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Phone: (408) 295-1700
Fax: (408) 295-1531

2775 Park Ave,
Santa Clara, California 95050

Mr. Rao is a partner at Binder & Malter LLP.

Mr. Rao has over 38 years experience representing businesses and individuals, both as debtors and creditors, in all types of bankruptcy cases and proceedings. Mr. Rao’s focus is in representing individuals and small businesses in Chapter 13 and Chapter 7 cases. Mr. Rao also has considerable experience representing secured creditors and landlords in Chapter 13, Chapter 7, and Chapter 11 cases. Mr. Rao has represented thousands of individual and small business debtors in Chapter 7 and Chapter 13 bankruptcy.

Mr. Rao’s expertise includes bankruptcy planning, asset and exemption planning, prosecuting and defending businesses and individuals in dischargeability litigation, avoiding unsecured deeds of trust, avoiding judgment liens, including those impairing homestead exemptions, representing debtors and creditors in motions for stay relief, and dealing with family law issues in Chapter 13 and Chapter 7 bankruptcies. Mr. Rao has successfully defended bankruptcy appeals to the Ninth Circuit Bankruptcy Appellate Panel and to the Northern District of California.

Mr. Rao has been a panelist and presenter at numerous bankruptcy seminars speaking on such topics as general consumer bankruptcy issues and strategies, family law issues in bankruptcy, and mortgage lending issues in bankruptcy.

Mr. Rao was born and raised in San Jose, California and joined Binder & Malter LLP in 1986.


J.D., Santa Clara University School of Law, 1981

B.A. , University of California, Davis, 1977
with Honors

Bar Memberships State Bar of California
USDC: Northern District of California
USDC: Eastern District of California
USDC: Central District of California
USDC: Southern District of California
Ninth Circuit Court of Appeals

Member, Santa Clara County Bar Association
Member Since: 1982 to present

Member & Past Chair, Chapter 13 Committee
Member Since: 1983 to present
Chair (2007, 2008 & 2018)

Member, National Association of Consumer Bankruptcy Attorneys (NACBA)
Member Since: 1985 to present

Member, Congressman Don Edwards American Inns of Court
Member Since: 2003 to present

Representative Matters
  • Represented thousands of businesses and individuals in bankruptcy, including homeowners, developers, engineers, doctors, nurses, attorneys, restaurateurs, accountants, realtors, and law enforcement professionals.
  • Represented creditor engaged in state court litigation against bankrupt debtor in debtor’s Chapter 13 bankruptcy proceeding in which creditor’s claim in bankruptcy court exceeded $40 million.
  • Represented the owners of five apartment buildings in successful Chapter 11 reorganization.
  • Represented countless landlords and secured creditors in relief from stay proceedings.
Publications/Speaking Engagements

Speaking Engagements

Over his 36 year career, Mr. Rao has spoken on various bankruptcy topics to a number of organizations including:

The Basics of Chapters 7 and 13
National Business Institute

Consumer Bankruptcy and Family Law Cross-over Issues
Family Law Section of the Santa Clara County Bar Association

Basics of Mortgage Lender Ownership Issues
Santa Clara County Chapter 13 Committee.

Consumer Bankruptcy
Silicon Valley Financial Planning Association

Introduction to Bankruptcy
San Jose Real Estate Investors Association