Andrew T. McClain

Associate

Overview

Andrew T. McClain is an associate with Foley & Lardner LLP, where he is a member of the firm’s Bankruptcy & Business Reorganizations Practice. He concentrates his practice on creditors’ rights, out-of-court workouts and restructuring and commercial litigation.

Andrew has represented secured lenders, special servicers, government-sponsored enterprises, equipment suppliers, and a court-appointed receiver for the Securities and Exchange Commission. His experience includes all facets of creditors’ rights, including judicial and non-judicial commercial foreclosures, receiverships and Article 9 sales. Andrew regularly counsels clients on insolvency and collections issues, commercial lending, distressed real estate and special servicing.

Representative Experience

  • SEC v. EquityBuild, Inc.: Represent multiple secured real estate lenders and special servicers in federal Securities and Exchange Commission receivership.
  • SEC v. Morgan: Represent government-sponsored enterprise in connection with federal Securities and Exchange Commission receivership.
  • SEC v. Northridge Holdings, Ltd.: Represent government-sponsored enterprise in connection with federal Securities and Exchange Commission receivership.
  • SEC v. Illinois Stock Transfer Company: Represented court-appointed receiver for Securities and Exchange Commission in connection with stock transfer agent receivership.
  • SEC v. Gina Champion-Cain: Represent multiple secured commercial real estate lenders in connection with federal Securities and Exchange Commission receivership.
  • WBCMT 2003-C9 Island Living LLC v. Swan Creek Limited Partnership: Represented special servicer in commercial foreclosure and obtained favorable decision regarding assignment of rents post-redemption from Sixth Circuit Court of Appeals.
  • Hooper Holmes, Inc.: Represented debtor in chapter 11 reorganization of healthcare company.
  • Jack Cooper Ventures, Inc.: Represented successful stalking horse bidder of transportation and logistics provider that is the largest over-the-road finished vehicle logistics company in North America.
  • Represent national property restoration company enforcing its mechanic’s lien rights.
  • Represent secured lenders in all phases of commercial litigation pursing breach of note and guaranty claims as well as out-of-court workouts and restructuring.
  • Special Servicers and Government-sponsored enterprise: counsel to special servicers and government-sponsored enterprise in commercial litigation matters, commercial foreclosures, and out-of-court workouts and restructurings.
  • UCC Sales: Counsel to secured lenders in multiple Article 9 sales.

Recognition

  • Selected for inclusion in the Illinois Super Lawyers - Rising Stars® list (2019 and 2020)
  • Named The Best Lawyers in America® Ones to Watch (2021)

Education

Andrew received his Bachelor of Science from Fordham University and received his law degree from Michigan State University College of Law (J.D., cum laude), where he was an associate editor on the Michigan State Law Review.

Admissions

Andrew is admitted to practice in Illinois, Michigan, the U.S. District Court for the Northern District of Illinois, and the Eastern District of Michigan.

Publications

Andrew is the author of “Establishing Diversity When a Trust Is Involved,” Law360 (June 2018).