Henderson Law Offices is pleased to share with its clients, colleagues and friends some of the successes we helped our clients achieve in 2012. You may know HLO for only one practice area, but we practice in a variety of different areas with a common goal of helping our clients obtain financial peace. We are grateful for those who have allowed us to help them toward this goal in the last year and look forward to assisting our clients in 2013 in achieving similar successes.
We assisted a Utah charter school in obtaining a charter in Utah. The school began operating in Utah in 2011 and serves students throughout the state. HLO continues to represent the charter school as Utah counsel.
We successfully resolved several teacher and staff disputes with local colleges and school districts and are continuing to prosecute a suit in federal court on behalf of a university professor for denial of tenure at Utah State University.
We successfully resolved several lawsuits involving commercial litigation disputes in 2011, representing both local and national businesses. We pride ourselves on our litigation abilities–our willingness to try cases as well as the ability to resolve cases when appropriate.
Henderson Law Offices had significant success in 2011 in the family law arena. We are especially proud of those cases in which we were able to assist parents in obtaining custody and protecting their children from unfortunate circumstances. In one case, we assisted our client in providing evidence to the police to facilitate the arrest of a parent who was putting the children at risk.
We successfully obtained suppression of evidence on a DUI charge against a young Air Force ROTC cadet we were convinced was innocent. A conviction would have ended his ROTC affiliation and dreams of an Air Force career and would have been especially severe as the cadet’s family has a strong tradition of military service by multiple generations on both sides of his family. Both parents served as Air Force officers and all of his brothers currently serve in the military, one having received a bronze star for valor during his multiple tours in Afghanistan. After a hotly contested 12-hour suppression hearing including testimony by an out of state expert, the court ordered suppression of the evidence and the case was dismissed. As a result, our client was allowed to continue in the ROTC program. We are proud to have assisted this young man who we believe will be a strong asset to the military protecting and serving our country.
FINANCIAL INSTITUTION REPRESENTATION
HLO represents Idaho-headquartered D.L. Evans Bank in collection and creditor bankruptcy matters in Northern Utah. A significant portion of our bankruptcy creditor work in 2011 was for DL Evans Bank. We have represented the bank in various cases over the last few years and have assisted them in securing replacement liens for real property tied up in bankruptcy, obtaining non-dischargability judgments and facilitating collections.
HLO may be best known for its tradition of assisting businesses through difficult financial times and helping them to utilize the protection offered under the bankruptcy code while they continue to operate. We successfully helped two local restauranteurs and one CPA to reorganize under the bankruptcy code and emerge with viable, operating businesses in 2011. We derive special satisfaction in assisting businesses to continue operations through and subsequent to bankruptcy, but we also assist individuals with businesses when they need to wind down their affairs and cease operations. We also strive to assure the bankruptcy code’s protections for creditors are properly utilized and the creditors treated fairly and proportionately as the law requires.
During 2011, HLO obtained successful confirmation of a chapter 11 business reorganization plan for a local construction company with operating revenue in excess of 3 million dollars a year. We have a history of obtaining successful confirmations of chapter 11 reorganizations and are pleased to offer this service in Cache Valley and surrounding areas.
SAVING THE HOUSE AND PROTECTING HOMEOWNERS AGAINST ABUSIVE MORTGAGE PRACTICES
In 2011, HLO assisted multiple individuals in saving their homes from foreclosure. Until recently, we have been the only firm in town that offered chapter 13 bankruptcy services. We are competent in handling difficult chapter 13 cases. We helped clients in several cases overcome significant issues in their cases, resulting in confirmation of their chapter 13 plans and the peace and comfort of saving their homes.
We also successfully settled a case involving Real Estate Settlement Procedures Act violations after pursuing a federal court case for those violations against a servicer. Our clients were able to successfully refinance their home and were reimbursed for damages suffered because of the violations including attorney fees.
HLO has been working to protect consumers against abusive mortgage practices since 2005. Virtually all of our filed chapter 13 plans include language that protects home owners from Real Estate Settlement Procedures Act abuses by mortgage servicing companies. On December 1, 2011, the bankruptcy rules were changed, adopting many of the protections that HLO had already incorporated into its chapter 13 plans. Prior to this rule change mortgage companies in two of our cases objected to these protection provisions. HLO successfully negotiated with the mortgage companies to assure that these vital protections were not deleted from the chapter 13 plans, obtaining their agreement that the new rules would apply retroactively to HLO’s clients in question and then agreeing to the remaining provisions in the plans that were not adopted in the rules.
HLO provides assistance to consumers in obtaining relief from collectors who violate the Fair Debt Collection Practices Act in their aggressive collection efforts including calling the consumer at work or after being told not to call again or contacting relatives of the consumer. We filed several suits in federal court under the FDCPA and motions for sanctions in the bankruptcy court and facilitated several settlements on behalf of our clients.
HLO continues to provide consumer bankruptcy services on a case by case basis. For those potential clients who need chapter 7 bankruptcy services but don’t require the experience of HLO that is applied to the more complicated cases, we provide a referral to the right attorney for their needs.