NEW MEXICO’S BUSINESS LAWYERS ®

NEW MEXICO'S BUSINESS LAWYERS ®

Andrew J. Simons

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Andrew J. Simons

 

ANDREW J. SIMONS’ first job out of law school was serving as the law clerk for Judge William W. Bivins, New Mexico Court of Appeals, from 1992 to 1993, after which he joined Sutin, Thayer & Browne, where his practice is concentrated in commercial litigation emphasizing creditors’ rights, consumer law and real estate law. He has represented clients in a variety of litigation, such as (1) representing creditors in complex commercial real estate foreclosure actions, as well as workouts, involving debts ranging from $750,000 to well over $150 million, and involving real estate ranging in size from less than an acre to 55,000 acres, including defending against lender-liability counterclaims brought in such actions; (2) defending against consumer claims made against lenders for alleged fraud, product defects and/or unfair practices arising from purchases of real estate and vehicles; (3) representing lenders in complex commercial collateral-recovery actions, such as actions to recover vehicle and parts inventories of car dealers defaulting on inventory-financing loans, and actions to recover equipment and other personal property of businesses defaulting on capital and operating loans, including defending against lender-liability counterclaims brought in such actions; (4) representing professionals and businesses, such as accountants, construction contractors and real estate appraisers, in commercial tort and breach-of-contract actions; (5) prosecuting and defending against statewide consumer class actions; and (6) defending title companies against tort, breach-of-contract and unfair-practices claims.

 

Admissions

  • New Mexico, 1992
  • U.S. District Court, District of New Mexico, 1994

Education

  • University of New Mexico Law School, 1992, J.D.
  • University of Texas, 1988, B.A.

Publications & Speeches

Andrew has written articles and given presentations on a wide variety of topics related to his practice throughout his career.

 

Recognitions

  • Martindale-Hubbell Rating: AV Preeminent
  • Best Lawyers in America, Albuquerque Lawyer of the Year in Litigation – Bankruptcy, 2024
  • Best Lawyers in America, Litigation – Bankruptcy
  • Benchmark Litigation, Litigation Star, Bankruptcy, General Commercial Litigation, Real Estate
  • Order of the Coif
  • Reached Level 40 in Pokémon Go without cheating or spending any money

   

 

Professional & Community Involvement

  • Federal Bar Association
  • American Bar Association

Representative Experience

  • Representing creditors in complex commercial real estate foreclosure actions, as well as workouts involving debts ranging from $750,000 to well over $150 million, and involving real estate ranging in size from less than an acre to 55,000 acres, including defending against lender-liability counterclaims brought in such actions.
  • Representing public entities in defense of lawsuits alleging violation of state statutes and constitutional provisions in state and federal courts. Notably, Mr. Simons helped successfully represent the state’s largest public hospital in an appeal related to the constitutionality of certain public hospital lien actions. [Hem v. Toyota Motor Corp., No. 33,775, slip op. (N.M. Sup. Ct. June 25, 2015)]
  • Defending against consumer claims made against lenders for alleged fraud, product defects and/or unfair practices arising from purchases of real estate and vehicles.
  • Representing lenders in complex commercial collateral-recovery actions, such as actions to recover vehicle and parts inventories of car dealers defaulting on inventory-financing loans, and actions to recover equipment and other personal property of businesses defaulting on capital and operating loans, including defending against lender-liability counterclaims brought in such actions.
  • Representing professionals and businesses such as accountants, construction contractors and real estate appraisers in commercial tort and breach-of-contract actions.
  • Prosecuting and defending against statewide consumer class actions.
  • Representing taxpayers and providing advice in gross receipts tax contests in the Administrative Hearings Office and in state courts.
Practice Areas
Industry Sectors
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