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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