Andrew J. Steil
Clear, unobstructed sight of the end goal, and constant communication along the way.
Contact: P /612.604.6518E /[email protected]
Administrative Contact: Sharon Mackereth P /612.604.6583E /[email protected]
Education
William Mitchell College of Law, J.D.
Minnesota State University, Mankato, B.S.
Bar Admissions
Minnesota
North Dakota
Kansas Supreme Court
U.S. District Court for the District of Colorado
U.S. District Court for the District of Minnesota
U.S. District Court for the District of North Dakota
My Approach
I have always known that my career would revolve around banking in some way – once I got into that world it just clicked – and one of the great joys of my work as a lawyer is that each day I get the privilege of working with banks and other lenders. Each lender is different, with differing leadership styles, motivations, strategies, and processes. I appreciate learning about each one, and keeping their individual goals in mind, to ensure the lender makes it out on the other side with as high a return as possible.
While the Great Recession was an incredibly difficult time for people and lenders alike, during that time I was able to see and work on many different type of loans and with different lenders and lenders at a variety of asset size, navigate a wide array of approaches to banking and lending, and talk to so many banks and other lenders to help them deal with the volume, pressure, and regulatory rigor experienced by the industry during that time, which set the stage for my approach today.
Practice Areas
Practicing Creditors’ Remedies, Bankruptcy & Work-Out
My Experience
I represent banks and other lenders in a wide range of matters with a focus on workouts, restructuring, and litigation. My experience includes hundreds of foreclosures, receivership, litigation, replevins, business liquidations, lender liability, loan transactions, loan documentation and structure issues, board matters, bankruptcy, mortgage and title insurance, large collection actions, and agricultural workouts and litigations.
In addition, I represent many banks as outside general counsel, handling all of their legal issues from day-to-day matters or advising on the legal aspects of large strategic initiatives.
Representative Matters
- Represented lenders in multiple agricultural workouts, foreclosures, replevins, and related litigation in both Minnesota and North Dakota
- Represented lenders in multiple workout, litigation, foreclosure, replevins, and liquidation of manufacturing facilities
- Represented lenders in multiple workout, litigation, foreclosure, replevins, and liquidation of agricultural operations, including dairy and large crop farmers
- Represented lenders in multiple workout, litigation, foreclosure, replevins, and liquidation of restaurants and other related entertainment venues
- Represented lenders in multiple workout, litigation, foreclosure, replevins, and liquidation of hotels, golf courses, gas stations, apartment complexes, technology, retail space, and other commercial real estate
- Represented lenders in multiple chapter 11 and chapter 12 bankruptcies and adversary proceedings
- Represented lenders in multiple cases as lead counsel in drafting loan documents at origination and modifications
- Represented lenders in as lead counsel in large, complex participations
- Represented lenders in multiple cases in title and other related real estate issues
- Represented lender in successfully dismissing claim of predatory lending related to contract for deeds
- Represented lender in multiple receiverships and assignments for the benefit of creditors, including related operational oversight, litigation, and resale as going concern or liquidations
- Represented lender in successfully dismissing borrowers’ marshalling claim
- Represented lead lender in multimillion dollar restaurant and convention center loan participation litigation, including the subsequent foreclosure and collection
- Represented CDC in litigation against 504 guarantors
- Represented multiple lenders in defending borrower or guarantor claims alleging verbal modification or estoppel
- 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 nondischargeability 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 bank in multimillion dollar 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 multimillion dollar loan foreclosure and litigation 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
- Represented bank in successful summary judgment against borrowers that sued bank alleging they were charged attorneys’ fees by the bank before a jury determined the reasonableness of such fees
- Represented bank in successful summary judgment against non-owner spouse invalidating an affidavit of postponement filed to delay a sheriff’s sale
- Represented bank in successful summary judgment against borrowers that were alleging prior promises to forebear and modify a loan
Also experienced in
Financial Services Litigation
Honors & Awards
Best Lawyers in America®
Litigation – Banking and Finance, 2023-2025
Litigation – Bankruptcy, 2023-2025
Great Plains Super Lawyers
2023
Rising Stars, 2016-2020
Rising Stars
Minnesota Super Lawyers, 2013-2020
Up & Coming Attorney
Minnesota Lawyer, 2014
Associations & Memberships
Commercial Law League of America
Catholic Charities for the Diocese of St. Cloud
Board of Directors
BankIn Minnesota (Independent Community Bankers of Minnesota)
Legislative Committee
John E. Simonett Inns of Court
Minnesota Real Estate Foundation
Board of Directors, 2012
Minnesota State Bar Association
Bankruptcy Section
Stearns/Benton Bar Association
President, 2011
Catholic Charities of the Diocese of Saint Cloud, Minnesota
Board of Directors
MSBA High School Mock Trial Advisory Committee
St. Cloud Area Chamber Leadership Program
St. Cloud Rotary
Board of Directors