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David M. Howard

David M. Howard

Henderson & Howard
641-643 Flume Street
Chico, CA 95928

Phone: (530) 934-0123  |  Fax: (530) 899-5105

Contact David M. Howard

Your Bankruptcy Attorney for Butte and Glenn Counties.

Legal Topic

Bankruptcy

Preferred New Clients

As a bankruptcy attorney, I would like to work with individuals, couples and families that are either experiencing financial difficulties or are looking to avoid paying a legal judgment or claim. Given that I will meet with them for a free consultation, they have nothing to lose, and we can examine their unique situation together in order to see what options they may have available to them under the law. If after examining their financial situation, it appears that a bankruptcy is their best option, then we can move in that direction. If some other alternative appears to be a better option, then I will try to assist the clients with either referrals to the appropriate help they need or other advice as may be appropriate.

Sub-Categories

Bankruptcy
  • Chapter 13
  • Chapter 7
  • Collections & Repossessions
  • Credit Disputes
  • Debt Relief
  • Garnishments
  • Business Bankruptcy
  • Credit Repair
  • Credit Restoration
  • Creditor Harassment
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

CA, Dec 1996
Bar Number: 183909

Other Court Admissions

All California State Courts and the Eastern District of California Federal Court.

Association Memberships

California Bar and Butte County Bar Associations.

Continuing Education

I attend continuing legal education seminars on the topics of Family Law, Bankruptcy, and Juvenile Dependency.

Example Cases

I just successfully completed a bankruptcy case where my clients were a husband and wife who were both employed in the banking industry and together made in excess of $75,000 annually. This case had to go all the way up to the U.S. Trustee's office for computation and review based on the 'means test' that is now employed by the court. We were able to convince the Trustee that our clients' high income was offset by the large medical, educational, and other provable expenses of their three children. In this way, we were able to keep their bankruptcy case from being deemed "abusive" under the means test and successfully adjudicated it as a Chapter 7 Bankruptcy. This case is not representative of the average case my office handles, however it is representative of our skill and dedication to secure the best result possible for our clients.

Education

Degree:

Juris Doctorate

School:

Cal Northern School of Law

City:

Chico

State:

CA

Year:

1996

Honors:

Law Review

Focus and Accomplishments:

Law Review

 

Degree:

Bachelor of Arts

School:

California State University at Chico

City:

Chico

State:

CA

Year:

1990

Honors:

Dean's List

Focus and Accomplishments:

Political Science with emphasis in Public Law, Minor in History, Paralegal Certificate.

Number of Attorneys

2

State Licensed In

California

Firm Focus and History

Henderson & Howard was started with the specific goal of "helping good people deal with hard times." While we encourage and like to work with clients toward avoiding and mitigating foreseeable problems, our core practice remains assisting individuals, families and businesses dealing with difficult situations. From Bankruptcy to Family Law and Estate Planning to Probate, our focus has been and will continue to be helping our clients deal with these stressful and emotional issues in a caring and compassionate manor.

In 1998, Kim Henderson and her husband David opened their law office next door to mine. Over time we became friends, and decided to share office space together. Eventually we decided to form a partnership, and in January of 2001 we founded our firm. In 2005, David Henderson withdrew from the practice of law to pursue a teaching career, and Henderson & Howard was created. We are a 'Family Friendly' office and employer. Currently, every attorney and employee in our office is a parent, with most of us still having children living at home.

While our training and professional experience allows us to help guide you through these difficult legal and emotional issues, it is our shared experience as employees, students, parents, children, and grandparents that allows us to empathize and understand the daily struggles our clients may be facing.

Previous Employment Summary

I worked my way through college and law school while supporting my family in a variety of jobs and professions. Everything from construction through substitute teaching, and as a California State Certified Inspector. I have also owned and operated several retail and service businesses. This background gives me a unique ability to understand the real life financial and legal obstacles that face both my individual and business clients on a daily basis.

Activities and Awards

Certified as Judge Pro Tem for Butte County Superior Court; Former Board of Director for Legal Services of Northern California; Member, Glenn County Law Library Commission.

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

Not only is it one's right to be able to educate and represent themselves, I believe that it is one's duty to educate themselves about the legal process they are involved in so as to assist themselves, the court and their attorneys, (should they retain one). If you don't understand the process, the required standard of proof, and the procedures that are going to be applied to you, then you are not going to be able to properly present your case. Through a variety of professional and non-profit groups, I continue to donate time to assist the public and in-pro-per clients in filling out court pleadings and forms, and to conduct training seminars on various legal issues. I am also regularly contacted by professionals servicing these self-represented clients seeking my advice and/or assistance.

Are you willing to review documents prepared by clients?

As a general rule, I have no problem with people retaining me as a consultant to review, edit, and critique documents that they have prepared. In today's world of the Internet containing almost unlimited information, forms and examples, I find it common for people to try and save money by self-drafting pleadings and documents. The issue then becomes one of trying to make sure the information and terminology that the person used is appropriate under California Law, and fits their specific needs and goals.

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

Depending on the circumstances and the knowledge, sophistication, and ability of the client, I am very willing to coach clients who want or need to represent themselves.

Why did you decide to be a lawyer?

The "short" answer is because my father used to tease me that I liked to argue so much that it was the only profession fit for me. In reality, I have always been an advocate. From early childhood, I was taught by my parents that it is one's duty to help others, and to fight against injustice. During college, I also learned that I seemed to have a natural affinity for the law, as legal principles and theories seemed both logical and easy for me to learn. This combination naturally led me to law school.

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

Until I graduated from college, I was always able to make more money with my physical labor in blue collar jobs. From the age of 16 on, I continuously worked physically demanding jobs such as ditch digger, bucking hay, construction, firewood cutter, handyman, etc. Then having to support my family, and still wanting to complete college and law school, I started hiring others to work for me. This led me to opening and operating both firewood and handyman businesses. These experiences have taught me both the value of hard work, and to value people for who they are, not by how educated or by what kind of work they do. I have repeatedly seen and experienced the old adage, "There but for the Grace of God go I." So no matter your circumstances, you will find that I and my staff are going to be supportive and compassionate, and truly focused on trying to help you through whatever legal issues you may be facing.

Why did you decide on your primary area of practice?

Statistics say that the majority of couples seeking divorces cite financial difficulties as one of the primary motivating factors. Through my Family Law practice, it quickly became apparent that divorcing couples having difficulty affording their single home lifestyle were almost guaranteed to face bankruptcy upon divorce, given the additional costs of two residences, two utility bills, etc. So many couples, primarily frustrated and angry at each other for financial issues, went through a divorce only to find that their financial circumstances worsened. So in order to better service my clients, and in an attempt to give couples a possible alternative to divorce, I started my bankruptcy practice. It then grew over the years to encompass all individuals, businesses and couples seeking Bankruptcy protection.

What do you like best about your career?

The smile and look of my clients at the end of a case when they tell me that they "Hope to never need my services again."

Tell us about your law firm:

For bankruptcy clients, they will primarily work with me and my legal assistant Dee. Dee's father was a local attorney here in Butte County and she brings a wealth of knowledge, customer service and dedication to all our bankruptcy clients. Both Dee and I will have ongoing personal contact with all bankruptcy clients through the final discharge of the bankruptcy proceedings.

What are your strengths and style?

For Bankruptcy clients, my main focus is making sure that they cause themselves no harm. Bankruptcy is a Federal proceeding where the FBI investigates any alleged fraud and the U.S. Attorney General prosecutes such crimes. These Federal authorities have made Bankruptcy Fraud a priority, and it is simply imperative that my clients are completely open and honest with me concerning both their finances and property interests so that I can adequately protect them. While many people are afraid of "losing property" and assets if they file bankruptcy, it is perfectly legal for me to work with such clients to do pre-Bankruptcy planning in order to protect the value of the property they own. I pride myself on doing excellent pre-bankruptcy planning, such that it is a very rare occurence when I am not able to come up with a legal plan to protect the value of ALL of my clients' property.

Personal Interests:

I was raised here in Northern California and am involved in a number of different local community groups and non-profit charities. I am an avid fisherman and hunter and am enjoying remodeling my 98-year-old home.

Office Manager/Assistant

Vicki

Fax

(530) 899-5105

Office Hours

Monday through Thursday, 9:00 a.m. to 5:00 p.m.
Friday 9:00 a.m. to 12:00 p.m.

Emergency After Hours

Yes

Foreign Languages

Spanish

Additional Offices

Willows, CA
333 North Plumas St.
Willows, CA 95988

Fixed-Price Services and Fees

Chapter 7 Bankruptcy: $1,500 + Filing Fee.
Business Formation: Limited Liability Companies from $750.00, Corporations from $1,000.

Hourly Rates

$180.00

Free Initial Consultation?

Yes, 1/2 to 1 hour.

Typical Retainer

Depends on case.

Understanding Fees

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