Lawyer Profile

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Howard M. Levine

Sussman Shank LLP

Howard is an accomplished attorney with more than 35 years of experience representing businesses and individuals in need of practical, innovative, and effective solutions to solve their complex business problems.  Howard's real-life experience over his career includes representing both creditors and debtors during the course of several recessions and times of economic challenges.  His practice includes representing plaintiffs and defendants in federal and state court litigation and receivership cases, and debtors and creditors in Chapter 11 reorganization cases.

Howard's work has taken him to courts around the United States where he has represented clients involved in complex Chapter 11 cases and in federal court litigation.  He has been admitted to practice law pro hac vice for clients with significant issues in courts located in New York, Delaware, Texas, California, Florida, Idaho, Georgia, Massachusetts, Oklahoma, Alaska, and elsewhere.  Howard has represented clients in major national cases such as PG&E, Inc., Orexigen Therapeutics, Inc., WorldCom, Inc., Enron, Inc., Hawaiian Airlines, PSI Net, Inc., VarTech Inc., Teligent, Inc., and the Diocese of Fairbanks.  Howard's extensive bankruptcy and litigation experience include representing parties in analysis, investigation, and litigation concerning:

  • Complicated business disputes (including asserting and defending director and officer liability claims)
  • Corporate governance disputes
  • Fiduciary breach Fraud, fraudulent transfer, and bankruptcy discharge litigation
  • Factoring and lending enforcement
  • Debtor-in-possession financing
  • Asset purchasing in Chapter 7 and 11 cases
  • Chapter 11 plan confirmation
  • Federal and state court receiverships 

He has represented state and federal court receivers, including receivers in a golf and country club receivership, a real estate financing Ponzi-scheme receivership, and a large commercial real estate receivership, as well as creditors and investors impacted by receivership filings.  He also has extensive experience in representing factoring companies as a DIP lender in chapter 11 cases.

Howard's Chapter 11 debtor practice includes the unique specialty of representing nonprofit religious corporations in Chapter 11 reorganizations.  For example, Howard was debtor-in-possession counsel in the Chapter 11 case of the Archdiocese of Portland in Oregon, the first Diocesan Chapter 11 case filed in the United States; and the Society of Jesus, Oregon Province, the first Catholic religious order to file Chapter 11 in the United States.

Originally from the New York City metropolitan area, Howard moved to Portland in 1979.  After a two-year clerkship with Judge Donal D. Sullivan, United States Bankruptcy Judge for the District of Oregon, Howard joined Sussman Shank as an associate in 1982 and became a partner in 1987.  He is the chair of the firm's Business Restructuring & Bankruptcy Group.

Lawyer Bio

Howard is an accomplished attorney with more than 35 years of experience representing businesses and individuals in need of practical, innovative, and effective solutions to solve their complex business problems.  Howard's real-life experience over his career includes representing both creditors and debtors during the course of several recessions and times of economic challenges.  His practice includes representing plaintiffs and defendants in federal and state court litigation and receivership cases, and debtors and creditors in Chapter 11 reorganization cases.

Howard's work has taken him to courts around the United States where he has represented clients involved in complex Chapter 11 cases and in federal court litigation.  He has been admitted to practice law pro hac vice for clients with significant issues in courts located in New York, Delaware, Texas, California, Florida, Idaho, Georgia, Massachusetts, Oklahoma, Alaska, and elsewhere.  Howard has represented clients in major national cases such as PG&E, Inc., Orexigen Therapeutics, Inc., WorldCom, Inc., Enron, Inc., Hawaiian Airlines, PSI Net, Inc., VarTech Inc., Teligent, Inc., and the Diocese of Fairbanks.  Howard's extensive bankruptcy and litigation experience include representing parties in analysis, investigation, and litigation concerning:

  • Complicated business disputes (including asserting and defending director and officer liability claims)
  • Corporate governance disputes
  • Fiduciary breach Fraud, fraudulent transfer, and bankruptcy discharge litigation
  • Factoring and lending enforcement
  • Debtor-in-possession financing
  • Asset purchasing in Chapter 7 and 11 cases
  • Chapter 11 plan confirmation
  • Federal and state court receiverships 

He has represented state and federal court receivers, including receivers in a golf and country club receivership, a real estate financing Ponzi-scheme receivership, and a large commercial real estate receivership, as well as creditors and investors impacted by receivership filings.  He also has extensive experience in representing factoring companies as a DIP lender in chapter 11 cases.

Howard's Chapter 11 debtor practice includes the unique specialty of representing nonprofit religious corporations in Chapter 11 reorganizations.  For example, Howard was debtor-in-possession counsel in the Chapter 11 case of the Archdiocese of Portland in Oregon, the first Diocesan Chapter 11 case filed in the United States; and the Society of Jesus, Oregon Province, the first Catholic religious order to file Chapter 11 in the United States.

Originally from the New York City metropolitan area, Howard moved to Portland in 1979.  After a two-year clerkship with Judge Donal D. Sullivan, United States Bankruptcy Judge for the District of Oregon, Howard joined Sussman Shank as an associate in 1982 and became a partner in 1987.  He is the chair of the firm's Business Restructuring & Bankruptcy Group.

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  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Bar Admissions:

  • Oregon, State Bar
  • Washington, State Bar
 

Court Admissions:

  • United States Court of Appeals, Ninth Circuit
  • United States District Court of Oregon
  • United States District Courts of Washington, including the Eastern and Western Districts
  • United States District Court of Michigan, Eastern District
  • United States District Court of Wisconsin, Eastern District

Named "Lawyer of the Year" by Best Lawyers for:

  • Litigation - Bankruptcy, Portland, OR (2019)
  • Litigation - Bankruptcy, Portland, OR (2015)
 

Recognized in The Best Lawyers in America for work in:

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Litigation - Bankruptcy
 

Awards:

  • Best Lawyers in America® 2019 "Lawyer of the Year" for Litigation - Bankruptcy, Portland, OR
  • Best Lawyers in America® 2015 "Lawyer of the Year" for Litigation - Bankruptcy, Portland, OR
  • Best Lawyers in America® 2014 - 2021: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy
  • Oregon Super Lawyers® 2006 - 2020
  • Oregon Super Lawyers® Top 10 List 2012
  • Oregon Super Lawyers® Top 50 List 2009 - 2020
  • Portland Business Journal 2005, "Best of the Bar, Bankruptcy and Creditor Rights"
  • Fellow, American Bar Foundation 2014 - 2020
 

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Firm Details

Image for Sussman Shank LLP View Firm Profile
Sussman Shank LLP
http://www.sussmanshank.com
 
Headquarters
1000 Southwest Broadway, Suite 1400
Portland, OR 97205
(503) 227.1111

Lawyer Case History

Archdiocese of Portland in Oregon

We served as lead counsel to the Archdiocese of Portland in the first Chapter 11 bankruptcy case filed by a Roman Catholic diocese in the United States.  We developed and implemented a strategy that considered the interplay of First Amendment religious rights, charitable trust, and bankruptcy law in proposing and confirming a reorganization plan that resulted in the settlement and payment of over 250 known clergy sex abuse claims, provided a trust for the liquidation and payment of future abuse claims, and preserved the assets and operations of 124 parishes and three Catholic high schools.

Society of Jesus, Oregon Province

This was the first Chapter 11 bankruptcy case filed by one of the provinces of a Roman Catholic religious order in the United States.  Relying on our experience from the Archdiocese of Portland case, and facing new issues relevant only to a religious order, we were able to implement a strategy for resolving and paying over 500 clergy sex abuse claims through the use of insurance coverage and other assets. This resulted in a plan that was overwhelmingly accepted by all creditors, which included $119 million in contributions from the debtor's insurers and allowed the province to continue its mission throughout Alaska, Idaho, Montana, Oregon, and Washington.

Represented Major Creditor in Individual Chapter 11 Case

We represented an out-of-state creditor with multi-million dollar claims against the chapter 11 Debtor, and against whom the Debtor asserted claims in excess of $200 million.  After convincing the creditors committee that the Debtor's claims against our client were worthless, and that the Debtor would be unable to reorganize, we reached a settlement with the creditors committee to make a nominal payment to fund a chapter 11 liquidating plan.  As part of the confirmed plan, we obtained a comprehensive release of claims against or client, an injunction against the Debtor, and an allowed claim in favor of our client for $3.2 million.  After the plan was confirmed, we obtained two contempt orders against the Debtor.  We also prevailed on summary judgment to deny the Debtor his bankrtupcy discharge and obtain a $3.2 million judgment.  All five of the Debtor's appeals were resolved by the District Court in our client's favor.

Sunflower/423 Limited Partnership

We represented the major limited partner in these consolidated chapter 11 limited partnership cases pending in Plano, Texas.  After successfully litigating our objection to claims filed by the general partner and entities he controlled, and objecting to a proposed sale of the Debtors' assets, we located a competing bidder, whose winning bid was large enough to fund a plan we prepared that paid creitors in full and returned significant capital to the limited partners.