Thomas J. Hainje
I’ve never met a problem I did not want to solve.
Contact: P /612.604.6499E /email@example.com
Hamline University School of Law, J.D.
Winona State University, B.A., summa cum laude, Economics and Business Law
U.S. District Court, D. Minn., 2010
U.S. Bankruptcy Court, D. Minn., 2010
I believe an effective lawyer needs to be an efficient full-time problem solver, whether the solutions are to be found in the legal arena or outside of the legal arena. To effectively and efficiently solve problems, it is fundamentally important that I understand a client’s business, transactions, and challenges. I make a very deliberate effort to learn about my clients, what motivates them, and what their objectives are. I truly believe that counsel cannot guide a client through a transaction or litigation until they fully understand how their client operates and what they must accomplish to succeed. Therefore, perhaps, in many ways a lawyer should be a business consultant and counselor first, and a litigator second.
That said, not all problems are solved with handshakes and accommodation. Like the old Theodore Roosevelt saying “speak softly and carry a big stick,” I very rarely pick a fight, but I am always exceptionally well prepared for one. From a very early stage in any representation, I am contemplating all possible outcomes, gathering information, and diligently preparing for the best and worst case scenarios. My experience as a litigator not only allows me to solve problems in that forum, but it has also shaped my drafting and transactional work because I have seen what goes wrong, what gets argued, and what holds up under the scrutiny of litigation. This understanding allows me to head off future conflict and litigation before it commences.
However, what I truly enjoy most is participating in transactions where all parties are working together to create something, and pushing forward to overcome obstacles creatively and collaboratively. Especially as it relates to real estate, I thrive on helping my clients achieve a tangible result.
Outside of work, I enjoy playing golf, boating and fishing, skiing and snowboarding, climbing, and I especially enjoy any outdoor activity or time with my wife and daughters.
Practicing Commercial Lending
I work with business owners, lenders, landlords and tenants, creditors, and individuals in a wide range of matters including the navigation of all manner of commercial lending transactions, negotiating and drafting loan documents and leases, negotiating workouts, and enforcing loan documents and leases.
- Transacted loan documents for multi-million dollar financing of a major residential, commercial and recreational development project in downtown Des Moines Iowa.
- Transacted loan documents for multi-million dollar financing of a major residential, commercial, public transportation and recreational development project in Denver Colorado.
- Transacted loan documents for multi-million dollar financing of multiple stage construction and development project involving a bank, strip mall and new restaurant in a popular Minnesota shopping center.
- Transacted loan documents for multi-million dollar financing of major re-development and improvements for prestigious private Minnesota Country Club.
- Transacted loan documents for various multi-million dollar acquisitions of mid to large sized apartment complexes in six states.
- Transacted loan documents for multi-million dollar re-development of mixed use residential and commercial complex in downtown St. Paul.
- Transacted multi-million dollar financing for large residential apartment complex in downtown Minneapolis.
- Transacted loan documents for the development of several large tracts of land into platted residential developments.
Practicing Creditors’ Remedies, Bankruptcy & Work-Out
I represent creditors and other lending institutions in enforcing their rights in a range of matters and disputes in the Minnesota and Wisconsin State Courts, I Federal Court and in Bankruptcy Court. I have experience in bankruptcy, foreclosures, work-outs, collections, and a variety of other matters.
- Represented commercial landlords in large retail Chapter 11 Bankruptcy through various motions, objections, negotiations with multiple parties and the filing of proofs of claims and amended proofs of claims.
- Represented lender in foreclosure and receivership action involving large downtown office and residential towers.
- Handled complex commercial foreclosure involving multiple parcels and mortgages, successful Torrens proceeding subsequent to transfer title thereafter, and subsequently drafted purchase agreements and closed on the sale of the various parcels.
- Represented numerous banks and credit unions in the filing of bankruptcy motions including motions for relief from the automatic stay, motions for objection to confirmation of Chapter 11 and 13 Plans, motions for objection to disclosure statements, and otherwise represented each creditors’ rights in all aspects of the various Chapter 7, 11, 12, and 13 cases.
- Represented secured lender in real property mortgage foreclosure, the sale and assignment of a note and mortgage, and subsequent replevin action to recover commercial property secured by two separate security agreements.
- Successfully represented mortgage lender in complex litigation involving an injunction to stop a redemption period and an action to invalidate a junior lienholders foreclosure sale based upon notice and other statutory deficiencies.
- Represented non-profit lender in complex foreclosure and title transfer dispute including a right of first refusal, and ultimately negotiated a resolution securing housing for nonprofit client’s customer while advancing the mission statement of the non-profit.
- Represented secured lessor in Federal replevin action, and in subsequent lessee bankruptcy through the filing of a motion for relief from stay, and motion to turn over leased property for the sale of the recovered property.
- Represented bank clients in numerous breach of contract/contract default lawsuits, and in subsequent collection remedies through settled payment agreements, levies, garnishments and/or recovery and sale of real property.
- Represented secured lender in preference payment dispute with Bankruptcy Trustee to a successful resolution for creditor client.
Also experienced in
Real Estate Development & Transactions
Construction & Real Estate Litigation
Associations & Memberships
Minnesota State Bar Association
Wisconsin State Bar Association
Hennepin County Bar Association
(Commercial Real Estate Development Association)
National Equipment Finance Association