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David Hoiland

David Hoiland

David Jon Hoiland, PLC
120 South 6th St.
Suite 1100
Minneapolis, MN 55402

Phone: (612) 573-3686  |  Fax: (612) 330-0959
http://www.hoilandlaw.com

Contact David Hoiland

An Attorney You Can Trust - 25 Years Experience

Legal Topic

Business Law

Preferred New Clients

Business owners who are:

1) Starting a business
2) Buying or selling a business
3) Buying or selling a building for their business
4) Leasing space
5) Buying a franchise
6) Looking for a lawyer to represent their business in deals or lawsuits

Sub-Categories

Banking & Finance
  • Commercial Banks & Loans
  • Commercial Leasing
  • Mortgages & Foreclosures
Bankruptcy - Commercial
  • Reorganizations & Restructuring
  • Workouts
Business Formation & Dissolution
  • Business Successions
  • Buying & Selling
  • Closely Held Businesses
  • Corporations
  • Directors' & Officers' Liability
  • Franchising
  • Joint Ventures
  • Limited Liability Companies (LLCs)
  • Mergers, Acquisitions & Divestitures
  • Partnerships
  • Professional Corporations
  • Shareholders' Rights
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Contract Drafting & Review
  • Employment Contracts
  • Franchises
  • Non-Compete Contracts
  • Secured Transactions
  • Uniform Commercial Code
Collections
  • Creditor's Rights
  • Garnishees
  • Judgments
  • Locating Funds

Legal Topic

Bankruptcy

Preferred New Clients

People with debt problems and creditor problems. Also, business owners and real estate investors whose businesses are in serious financial trouble.

Sub-Categories

Bankruptcy
  • Chapter 7
  • Collections & Repossessions
  • Debt Relief
  • Garnishments
  • Chapter 11
  • Business Bankruptcy
  • Creditor Harassment
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

MN, Oct 1979
Bar Number: 0046085

Other Court Admissions

Minnesota State Courts and Minnesota Federal Courts.

Association Memberships

Minnesota State Bar Association and Hennepin County Bar Association.

Continuing Education

I have attended hundreds of hours of continuing legal education classes focusing on bankruptcy and small business law.

Example Cases

Bankruptcy and Workout:

1. I have helped many ordinary people get rid of crushing debt and get a fresh start. These people have been able to rebuild their personal finances after I helped them get through a very difficult time in their lives.

2. I have assisted many small business owners in surviving bankruptcy and enabled them to stay in business. Many have gone on to prosper and excel in their businesses. I still represent two business clients that I filed bankruptcies for in 1979. Over the last 10 years, each of them has averaged more than $500,000 per year in personal earnings.

3. I have worked with many business owners in closing their failed businesses without filing bankruptcy.

Business Clients:

I have represented business owners in more than one hundred transactions either buying or selling businesses. Most of these also involved buying buildings and obtaining SBA financing. Many of these involved starting up a corporation or limited liability company.

Education

Degree:

Juris Doctor

School:

William Mitchell College of Law

City:

St. Paul

State:

MN

Year:

1979

 

Degree:

Bachelor of Arts

School:

Wheaton College

City:

Wheaton

State:

IL

Year:

1975

Honors:

Graduated with honors.

Number of Attorneys

1

State Licensed In

Minnesota

Firm Focus and History

My law firm has two main focuses:

1) Small Business Law:
I represent small business owners in general business and real estate matters. I have worked with over 100 business owners to purchase or sell a business, often with real estate and SBA financing. I have set up corporations and LLC's for more than 100 business ventures.

2) Bankruptcy:
I represent clients in bankruptcy and alternatives to bankruptcy. Many are individuals who face overwhelming debt because they have lost jobs, divorced or suffered serious medical problems. I have represented many business owners and real estate investors whose ventures have failed. In these complex situations, a lawyer experienced in workouts and asset protection can make a huge difference in the outcome. Many business owners go on to new ventures and some continue their businesses after bankruptcy.

Previous Employment Summary

I opened my law office in 1979. I have always had a solo practice. For the last 25 years, I have shared offices with a couple of groups of lawyers. This gives me the opportunity to brainstorm problems with my office colleagues.

Activities and Awards

• I am AV-Rated by by Martindale-Hubbell.

• I have been chosen as a "Super-Lawyer" by my colleagues in Minneapolis several times in the areas of bankruptcy, small business law and mergers and acquisitions.

• For many years I have given my time to Volunteer Lawyers Network advising people with debt problems and filing bankruptcies. I have served on the advisory board for Volunteer Lawyers Network setting policy on how to most effectively serve our clientele with debt problems.

• I have served as director for eight years on the board of Loaves & Fishes, a soup kitchen that works with more than 4,000 volunteers to serve some 300,000 meals a year at eight sites in Minneapolis and St. Paul. Currently, I am the vice chair of. Loaves and Fishes.

What is your opinion regarding clients educating themselves on legal issues?

Clients can benefit from educating themselves on legal issues. The better they understand their rights and how the law affects their situations, the more they will feel in control. Learning about the legal issues prepares clients to better deal with the legal challenges they face. Several of my clients have gone to law school before going into business.

Are you willing to review documents prepared by clients?

I am willing to review documents prepared by clients. Often this is more expensive than using my templates and forms because it takes 1) careful reading; 2) comparison to form documents and 3) review of checklists to properly review a complicated legal document. Sometimes review can be limited to "high points" with the understanding that the client's forms are vulnerable should they be challenged later in a lawsuit. I have developed many forms used in many situations over the years, and one does not need to check each paragraph each time I use the form, to make sure it accomplishes the client's goal. That is the benefit my clients get from using my time tested forms.

Are you willing to coach clients who want to represent themselves?

I am willing to coach my clients in many situations. Sometimes coaching is the only cost-effective approach to clients' legal problems. When clients want to avoid bankruptcy, I often coach them in dealing with their creditors effectively. I show them how to carry on in their lives and in their businesses in the face of serious debt problems. Perhaps 10% - 20% of my clients choose to deal with their debts outside of bankruptcy. For some people, it makes good sense to do this.

Why did you decide to be a lawyer?

I was interested in working with people facing very difficult situations. I considered becoming a pastor or a counselor. I was attracted to the intellectual challenges of the law combined with the emotional needs of the parties using the legal system to resolve their complex problems.

What work experience and education helps you be a better lawyer?

I started up and ran a janitor service while I was in college. I sold it when I graduated. I started up and ran a commercial roofing contractor business in law school. I appreciate the challenges small business owners face. Over the years, I have made a number of investments in real estate and businesses. Some investments did very well. Other investments did not work out well. Those caused me sleepless nights and threatened my financial well being. These experiences have given me empathy for clients in tough situations. My 25+ years of representing consumer debtors and business debtors has taught me what assets can be protected, and what tools are available to minimize the distress of dealing with threatening debt problems.

Why did you decide on your primary area of practice?

Bankruptcy law: I like working with folks with debt problems because my services can make such a positive difference in their lives. A good bankruptcy lawyer can enable people with debt problems to avoid divorce, foreclosure, heart attacks and other catastrophic health problems. I like to have that positive impact on my clients' lives.

Business law: I admire business owners because I understand the challenges they face. I like helping business owners do deals.

What do you like best about your career?

I like helping clients with debt problems solve those problems and relieve their stress. I like helping business owners do deals. Successful deals are exciting and rewarding for all involved. As a sole practitioner, I enjoy being responsible to my clients and to the legal system.

Tell us about your law firm:

I am a solo practitioner, so all my clients deal directly with me.

What are your strengths and style?

Bankruptcy law: I can analyze complex debt problems to make the best of a bad financial situation. I reduce the stress clients feel by explaining what can be done in their circumstances to relieve their problems and enable them to get on with their lives.

Business law: I admire business owners and their accomplishments. I provide the legal assistance necessary to assure that the owner's interests are protected. I cover their backs. I see that the business owner gets the best deal possible with no unpleasant surprises after the fact.

Personal Interests:

Hiking, biking and canoeing with my wife; working with Loaves & Fishes; playing bass in jazz bands; singing.

Fax

(612) 330-0959

Office Hours

Monday through Friday
9:00 a.m. to 5:30 p.m.

Emergency After Hours

No

Fixed-Price Services and Fees

Bankruptcy matters:
Consumer bankruptcies range from $1,700 to $3,000 plus filing fees and education course costs.
Bankruptcies for business owners and real estate investors range from $3,000 to $5,000+.

Business matters:
I charge $500 for setting up single owner corporations or LLC's.

Hourly Rates

$225.

Free Initial Consultation?

I offer a free 15-minute telephone consultation. I charge for the first meeting, which usually lasts one hour, or combine it into flat fees where appropriate.

Typical Retainer

The amount of the retainer depends on the complexity of the situation. If the case is a straight-forward consumer bankruptcy case, I take a $225 fee to get started. Bankruptcy law requires attorney's fees to be paid in full before the case is filed with the court. In complex business cases, the initial retainer will reflect the analysis and planning required to deal with the assets and the creditors and may range from $1,500 - $3,500.

Understanding Fees

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