Andrew is an associate at Gray Plant Mooty and concentrates his practice in the areas of commercial litigation, collections, foreclosures, lending, liens, and bankruptcy. He frequently advises lenders, suppliers, and other creditors on a variety of legal issues relating to litigation, debt collection, bankruptcy, and foreclosures.
Prior to joining GPM, Andrew’s practice focused on collections and the Fair Debt Collection Practices Act. He also represented banks and other creditors in litigation, lending, foreclosure, and collections. Andrew has participated as lead counsel in numerous foreclosure and collection actions exceeding a million dollars in principal. He has represented lenders in a variety of SBA loan liquidations and collections, and suppliers in bankruptcy preference and nondischargeability cases. Andrew is a frequent speaker at industry and continuing legal education seminars regarding various collection laws, foreclosures, and related lending topics.
Experience
- Represents lead lender in multimillion dollar restaurant and convention center loan participation litigation, including the subsequent foreclosure and collection
- Represented lender in multimillion dollar loan liquidation and collection of a manufacturing facility
- Represented material supplier in successfully preventing discharge of client’s half million dollar debt in bankruptcy in a mortgage fraud case against a principal of the debtor and revoking the discharge of another principal of the debtor
- Represented receiver in bankruptcy non-dischargeability lawsuit against debtor accused of embezzling from a failed bank
- Represented bank in obtaining summary judgment against an account debtor, a large road construction company, by defeating its defenses of unmatured and contractual setoff
- Representing bank in suing and subsequently liquidating several SBA 7a loans to franchisee restaurant operators
- Represented debt buyer in dismissing debtor’s FDCPA lawsuit based upon a statute of limitations violation
- Represented unsecured judgment creditor in garnishment objection hearing ruling that undisbursed Health Saving Account proceeds are subject to attachment
- Represented bank in million dollar plus loan foreclosure by action and subsequent workout against northern Minnesota restaurant
- Represented bank in successfully foreclosing and reselling of gas station property containing underground storage tanks
- Representing bank in million dollar loan foreclosure by action secured by a self-sustaining ecofriendly facility in northern Minnesota
- Representing bank in replevin action and subsequent controlled sale of well drilling rigs
- Represented bank in litigating and successfully settling with a large mortgage originator over an incorrectly completed real property subordination agreement
- Represented bank in obtaining summary judgment against borrower by relying upon FIRREA and D’Oench Duhme doctrine preventing admissibility of verbal and undocumented statements or agreements made by a failed bank on a loan purchased from the FDIC following a bank failure
Publications
- “The Corporate Veil: Are you shielded from your company's liability?” ROI Central Minnesota, July-September 2011
- “Failing to Pay Taxes Can Destroy A Business,” ROI Central Minnesota, April-June 2011
- “Proper Steps Before Reselling, Destroying Others' Property,” ROI Central Minnesota, January-March 2011
- “Security Interest is Vital When Selling on Credit,” ROI Central Minnesota, October-December 2010
- “Sued for Receiving Payment,” On The Level, August 2010
- “Contracts Are Critical,” ROI Central Minnesota, July-September 2010
- “Could Your Company Be At Risk If It Gets Paid?” ROI Central Minnesota, April-June 2010
- “Weigh Options Before Filing for Bankruptcy,” ROI Central Minnesota, January-March 2010
- “Assigning a Seller’s Interest in a Contract for Deed,” Minnesota Bankers Association News, July/August 2009
- “Trouble Collecting Payments? Use Third Party,” ROI Central Minnesota, July-September 2009
- “Making Sure You Get Paid,” ROI Central Minnesota, April-June 2009
Presentations
- “Real Estate Transactions Gone Bad,” National Business Institute, April 2012
- “Foreclosures, Short Sales and Loan Modifications: Compliance Update,” National Business Institute, December 2011
- "Tips and Traps in Farmer/Lender Mediation,” Debtor/Creditor Section, Hennepin County Bar Association, October 19, 2011
- "Farmer/Lender Mediation,” The Debtor/Creditor Conference, Minnesota CLE, October 11, 2011
- “Environmental Issues in Foreclosure & Death Issues in Foreclosure,” Ancillary Issues of Foreclosure, National Business Institute, July 2011
- “Post Judgment Execution,” Judgment Enforcement, Lorman Education Services, April 13, 2011
- “Post Judgment Execution,” Judgment Enforcement, Lorman Education Services, April 13, 2010
- “Fair Debt Collections Practices Act,” Skip Tracing in Minnesota, National Business Institute, June 2007
Education
- William Mitchell College of Law, J.D.
- Minnesota State University, Mankato, B.S., magna cum laude
Bar Admissions
- Minnesota
- U.S. District Court, District of Minnesota
Professional Activities
- Commercial Law League of America
- Hennepin County Bar Association, Debtor/Creditor Committee
- Independent Community Bankers of Minnesota, associate member, Legislative Committee
- John E. Simonett Inns of Court
- Minnesota State Bar Association, Bankruptcy Section
- Stearns/Benton Bar Association, president, 2011
Community Involvement
- Catholic Charities of the Diocese of Saint Cloud, Minnesota, Board of Directors
- Minnesota Real Estate Foundation, Board of Directors
- MSBA High School Mock Trial Advisory Committee
- St. Cloud Area Chamber Leadership Program
- St. Cloud Rotary
- United Way of Central Minnesota