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David W. Cain

David W. Cain

Cain & Herren, ALC
2141 West Vineyard Street
Wailuku, HI 96793
Map

Phone: (808) 242-9350  |  Fax: (808) 242-6139
http://www.cainandherren.com

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The Attorneys With Heart

Legal Topic

Bankruptcy

Preferred New Clients

Bankruptcy, all chapters. Private workouts, creditor negotiations, private liquidations, mortgage hardship and loss mitigation alternatives.

Sub-Topics

Foreclosure

Legal Topic

Criminal Defense

Preferred New Clients

Information coming soon.

Sub-Topics

Automotive

  • DUI / DWI

Legal Topic

Divorce

Preferred New Clients

Information coming soon.

Sub-Topics

Child Support

Custody/Visitation Rights

Legal Topic

Family Law

Preferred New Clients

Information coming soon.

Sub-Topics

Children

  • Child Custody
  • Child Support

Legal Topic

Estate Planning

Preferred New Clients

Information coming soon.

Sub-Topics

Probate & Estate Administration

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

Bar Admissions

HI, Sep 1996
Bar Number: 006679

Other Court Admissions

Hawaii Notary Public, 2000
Federal Bar (District of Hawaii) 1996
Hawaii Bar 1996
Federal Tax Court Certification 1993
Federal Bar (District of Massachusetts) 1991
Massachusetts Bar 1990 - (retired)

Association Memberships

Hawaii Bar Association; American Bar Association; Maui County Bar Association; and American Bankruptcy Institute.

Continuing Education

I teach bankruptcy classes at the University of Hawaii, Maui Campus that are geared for paralegals. I also plan and participate in CLEs that are sponsored by the Hawaii State Bar Association Bankruptcy Division, of which I am Vice President.

Papers and Publications

No, however I have appeared in numerous newspaper articles relating to bankruptcy on Maui:
Hawai'i credit card delinquencies rise
Honolulu Advertiser; Aug 26, 2009

MAUI WIPEOUT: Bankruptcy laws, attitudes changing
Maui News, July 19, 2009

MAUI WIPEOUT: Residents swept in debt
Maui News, July 12, 2009

Bankruptcy filings up 75% in January
Honolulu Advertiser; Jan 31, 2009

Bankruptcy filings surged last month
Honolulu Advertiser; Dec 2, 2008

Example Cases

Represented an owner of a cheese/wine store file a Chapter 13 case and get on a five year plan to pay back her debts twenty cents on the dollar.

Assisted a local T-shirt business in its liquidation preserving most of the corporate assets for its shareholders.

Education 

School:

New England School of Law

Degree:

Juris Doctor

City:

Boston

State:

MA

Year:

1990

Honors:

New England Scholar (upper 5%), 1989 to 1990; Dean's List (upper 10%), 1988 to 1990.

 

School:

The Ohio State University

Degree:

Bachelor of Science

City:

Columbus

State:

OH

Year:

1986

Honors:

Dean's List; Psi Chi Honor Society.

Focus and Accomplishments:

1984

New College, Oxford University

Oxford, England

Honors Certificate of Studies - Foreign Exchange Student Program

History, Architecture, and Art

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

Number of Attorneys

3

State Licensed In

Hawaii (active) and Massachusetts (retired).

Firm Focus and History

We are primarily a consumer bankruptcy and debt relief law firm, but also have an emphasis on divorce, custody, criminal defense, mortgage hardship and loss mitigation alternatives.

Ben Herren and I began the partnership in 1996. In the beginning the firm focused on consumer bankruptcy and criminal defense. Since then, the firm has expanded to family law, corporate bankruptcies, and other forms of consumer debt relief, including mortgage loss mitigation programs and creditor negotiation work. Cain & Herren has collectively over fifty years of experience helping clients with debt relief.

Previous Employment Summary

2006 to Present
Cain and Herren, LLP, Wailuku, Hawaii
Partner-Attorney
Concentrating primarily on bankruptcy (all chapters) and civil litigation.

1998 to 2006
Law Office of David W. Cain Wailuku, Hawaii
Attorney
General Practice of Law. Areas of practice: bankruptcy (all chapters), civil litigation (plaintiff and defense), contract drafting and review, criminal law, general corporate litigation and counsel, real estate transactions, administrative law hearings, and wills.

1996 to 1998
State of Hawaii
Wailuku, Hawaii
Deputy Public Defender
Criminal Trial Litigation Attorney

1991 - 1996
Roper & Cain
Boston, Massachusetts
Partner - Attorney

Areas of practice: administrative law hearings, bankruptcy (all chapters), civil litigation, contract drafting, criminal law, general corporate litigation (including breach of contract and unfair trade practices), real estate transaction and closings.

Activities and Awards

Honors and Distinctions
Vice-President for the Hawaii State Bar Association, Bankruptcy Division, 2010 to 2011
Board of Directors for the Hawaii State Bar Association Bankruptcy Division, 2007 to 2009
Maui County Grand Jury Counsel. Appointed by Chief Justice Ronald Moon as Grand Jury Counsel for County of Maui for 1999 to 2000 term.
CAAP Arbitration Judge. Appointed by Circuit Court Judge Shackley Raffetto as Civil Arbitration Judge.

Awards Received
1992 Who's Who Among Rising Young Americans
2000 Hawaii Governor's Kilohana Award for Public Service in Law
2001 Hawaii State Senate Award
2003 Rotary International Presidential Citation Award
2005 United States National Leadership Award
2007 Maui County Mayor's Award

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

What is your opinion regarding clients educating themselves on legal issues?

While it is important to educate oneself on legal issues, one should always seek the advice of an attorney regarding any matter which may significantly affect one's right with respect to property, liberty or family.

Are you willing to review documents prepared by clients?

Very willing.

Are you willing to coach clients who want to represent themselves?

I do not believe one should represent oneself in a bankruptcy proceeding.

Why did you decide to be a lawyer?

I decided to be a lawyer because I saw that lawyers had a tremendous ability to change individual lives for the better.

What work experience and education helps you be a better lawyer?

Over twenty years of advising clients has made me into a good listener, a careful analyzer and a compassionate advocate.

Why did you decide on your primary area of practice?

I saw early on in my career that bankruptcy was an incredibly powerful tool for managing debt and could make clients into highly productive members of society.

What do you like best about your career?

Helping clients who thought they were beyond help.

Tell us about your law firm:

I am lucky to have such a smart and dedicated staff. We have an excellent intra-office rapport and work well as a team. Our office feels like a family.

What are your strengths and style?

My strengths include my knowledge and experience of over twenty years in the consumer bankruptcy context, my extensive contacts with creditor's attorneys, trustees, and judges, and my compassion for the financial crises my clients are suffering.

Personal Interests:

I particularly enjoy participating in community organizations and volunteering at fundraising events for nonprofits. I recently participated heavily in the Maui Rotary Club and the Maui Humane Society.

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

Office Manager/Assistant

Cindy Stewart

Fax

(808) 242-6139

Office Hours

Monday through Friday
8:00 a.m. to 5:00 p.m.

For emergency after hours, please call (808) 280-4623.

Emergency After Hours

Yes

Foreign Languages

Hawaiian, Fijian, and German.

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

Fixed-Price Services and Fees

Yes. Prices depend on Chapter and complexity. We offer a 25% discount on legal fees to clients who come to us from Nolo.

Hourly Rates

$250. (Note: Chapter 7s are flat fees).

Free Initial Consultation?

We offer free initial consultations with an attorney for one hour.

Typical Retainer

No, retainers depend on the Chapter and complexity of the case. For civil matters, retainers are determined by the attorney after an initial review of the issues presented in the case.

This firm is a debt relief agency that helps people file for bankruptcy under the bankruptcy code.

Understanding Fees

Nolo's Licensing Check

Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers upon joining the directory.

Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.