Andrea M. Hauser

Andrea M. Hauser concentrates her practice in the areas of bankruptcy and commercial litigation, and appellate practice. She represents Chapter 7 trustees in litigation involving fraudulent conveyance actions, preferential transfers, real estate matters, contract disputes, and non-dischargeability actions. She also represents secured and unsecured creditors with claims against bankruptcy estates and in other commercial litigation.

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    • Minnesota State Bar Association
    • Member Bankruptcy Section
    • American Bar Association
    • State of Minnesota, 1990.
    • U.S. District Court, Minnesota, 1990.
    • U. S. Court of Appeals for the Eighth Circuit, 1996.
    • State of Illinois, 1985.
    • U.S. District Court, Illinois, 1985.
    • DePaul University College of Law (J.D. 1985).
    • Oberlin College (B.A., 1980).
    • Exchange Student to Argentina, American Field Service Scholarship 1975-76.
  • Representative cases include:

    Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), 815 F. 3d 400 (8th Cir. 2016), aff’g 515 B .R. 716 (D. Minn. 2014): where customer’s contract with debtor check-cashing business for automated clearinghouse and electronic check conversion services stated that customer funds would be commingled with funds of debtor’s other customers, there was no express or resulting trust or in bankruptcy estate property and court would not impose a constructive trust.

       

    Ramette v. Graphics Technology, Inc. (In re Digital River, Inc.), 113 Fed. Appx. 734 (8th Cir. Nov. 23, 2004): no constructive trust could be imposed on bankruptcy estate property to account for disbursements that debtor had received prepetition from processing company from credit card sales.

    Hearing Associates, Inc. v. Gervais, 2016 WL 475174 (D. Minn. Feb. 8, 2016): state law’s classification of a tort as intentional is insufficient to support a finding that the debtor’s conduct meets the willful and malicious standard for non-dischargeability of debt under 11 U.S.C. §523(a)(6).

    North American Banking Corp. v. Leonard (In re WEB2B Payment Solutions, Inc.), 488 B.R. 738 (8th Cir. BAP 2013): bank that turned over funds to Chapter 7 trustee against which it had setoff rights without moving for adequate protection, relinquished its possessory lien in funds.

    Sullivan v. Welsh, et al. (In re Lumbar), 457 B.R. 748 (8th Cir. BAP 2011): allegedly exempt nature of homestead property did not prevent Chapter 7 trustee from avoiding transfer to creditors as constructively fraudulent.

    Seaver v. Mortgage Electronic Registration Systems, Inc. et al. (In re Schwartz), 383 B.R. 387 (8th Cir. BAP 2008):post-petition refinancing of debtor’s home mortgage did not preclude trustee’s avoidance of unperfected mortgage and recovery of mortgage value for bankruptcy estate.

    Ramette v. United States and Minnesota Department of Revenue (In re Bame), 279 B.R. 833 (8th Cir. BAP 2002): Chapter 7 trustee could require taxing authorities to marshal assets and liquidate non-debtor spouse’s residential property to preserve bankruptcy estate assets for benefit of unsecured creditors.

    Miller v. Kasden (In re Kasden), 209 B.R. 239 (8th Cir. BAP 1997): debtor’s discharged revoked where debtor fraudulently failed to report and turn over estate property to trustee.

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    • Judicial Clerk to the Honorable John D. Schwartz, Bankruptcy Judge, N..D. Illinois.
    • Judicial Clerk to the Honorable J. Thomas Forsberg and the Honorable Roger M. Klaphake, Minnesota Court of Appeals.
    • St. Paul Tennis Club: board member   
    • Friends of Oxford Pool, St. Paul: past president, board member
    • Minnesota Youth Symphonies: administrative volunteer
Andrea M. Hauser, Andrea Hauser

Andrea M. Hauser

email: ahauser@losgs.com

Telephone:  (612) 332-1030

Fax:  (612) 332 2740

 

Primary Areas of Practice:


Bankruptcy Litigation, Creditor Remedies, Commercial Litigation, Appellate Practice.