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Brian J. Klein 
Partner

p 612.672.8324
f612.642.8324
brian.klein@maslon.com

3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402

Brian Klein is a partner in Maslon's Financial Services Group. He has extensive experience representing banks, insurance companies, and other financial institutions in all forms of commercial financing transactions, including large loan syndications. These include the areas of general commercial lending, asset-based lending, mezzanine/second-lien loans, real estate term and construction financing, indenture trustee representation, project finance, equipment leasing, and chattel paper warehouse financing.

Brian has served as lead counsel on numerous transactions involving the structuring and documenting of syndicated secured loans, management contracts, and other commercial agreements with Indian tribes located in the United States and Canada. Brian's practice further includes significant representation of lenders in workouts and foreclosures, as well as creditor representation in bankruptcy; workout and bankruptcy representation of indenture trustees in defaulted public and private debt issuances; and representation of bank holding companies and owners of financial institutions in connection with a wide range of regulatory matters, including change in bank control applications. Brian is also a member of Maslon's Real Estate Group and has represented owners in all aspects of commercial real estate, including acquisition, leasing, and financing matters.

Areas of Practice
  • Financial Services
  • Commercial Loan Documentation
  • Creditors' Rights in Bankruptcy
  • Defaulted Loans and Workouts
  • Indenture Trustee Representation
  • Financial Institution Regulatory Matters
  • Leasing and Equipment Finance
  • Indian Gaming Finance and Development
  • Real Estate
  • Acquisitions, Sales and Exchanges
  • Real Estate Financing
Education
  • University of North Dakota School of Law, Grand Forks, North Dakota, 1988
    J.D.
    Honors:  With Distinction
    Honors:  Order of the Coif
    Law Review: North Dakota Law Review, Member, 1986 - 1987; Case Comment Editor, 1987 - 1988
  • University of North Dakota, Grand Forks, North Dakota, 1985
    B.B.A.
    Honors: magna cum laude
    Major: Banking and Finance
Bar Admissions
  • Minnesota, 1988
  • North Dakota, 1988
  • U.S. Federal Courts, 1988
Professional Associations and Memberships
  • American Bar Association - Member
  • Minnesota State Bar Association - Member; Banking Law Section; Bankruptcy Law Section
  • Hennepin County Bar Association - Member
  • Association for Corporate Growth, Minnesota - Member; Board, 2011; Program Chair, 2011
  • Turnaround Management Association - Member, 1999 - present; past President
  • American Bankruptcy Institute - Member
  • North Dakota Bar Association - Member
Classes Taught
  • A speaker at numerous continuing legal education and industry association programs related to lending and creditors rights issues, including the following:
  • “Commercial Real Estate: Capital Markets Update and Alternatives for Real Estate in Business Combinations”, (panelist), Association for Corporate Growth, 2011
  • “Boot Camp: Foreclosure and Loan Workout Procedures”, National Business Institute, 2011
  • “Selling Your Collateral in Chapter 11 Bankruptcy: Section 363’s Faster, Cheaper Approach is at Risk”, (Moderator), Maslon Speaker Series, 2009
  • “Successful Commercial Real Estate Financing Techniques”, National Business Institute, 2006
  • “Troubled Loan Workouts under the New Bankruptcy Law”, Turnaround Management Association, 2006
  • “Structuring the Commercial Loan in Minnesota”, National Business Institute, 2004
  • “Commercial Loan and Commercial Real Estate Documentation”, Risk Management Association, 2003
  • “Commercial Lending in Minnesota”, National Business Institute, 2002
  • “Successful Commercial Real Estate Financing Techniques”, National Business Institute, 2002
Honors and Awards
  • Recognized on Minnesota Super Lawyers® list, 2007 - 2008 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year.)
  • AV Rating, Martindale-Hubbell (AV, BV, and CV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies)

Experience

Has represented: 
  • National bank as agent in $500 million secured syndicated revolving loan facility to an oil and gas jobber and operator of multi-state chain of convenience stores. 
  • National asset-based lender in connection with a $55 million secured revolving loan facility to a distribution company. 
  • National lender in connection with a $110 million syndicated warehouse credit facility to a residential contractor finance company, secured by portfolio of mortgage loans. 
  • National lender in connection with a $40 million real estate acquisition and construction financing for a Las Vegas condominium project. 
  • National bank in connection with original loan documentation and eventual loan workout of project financing to a wind energy developer. 
  • National asset-based lender in connection with the workout of a large asset-based credit facility to a multi-state food processing company. 
  • Hedge fund in workout of several large corporate dairy famers in the southeastern United States.
  • National bank in connection with the foreclosure of a significant office/retail building. 
  • Indenture Trustee in bankruptcy and reorganization of large wireless telecommunications company involving conversion of existing notes to equity and issuance of new high yield notes. 
  • Indenture trustee in workout and bankruptcy restructuring of public debt issuance to oil and gas developer secured by oil and gas interests in multiple jurisdictions. 
  • Real estate developer in connection with the acquisition, redevelopment, and leasing of a retail strip center.
  • Investment underwriter in connection with the placement and underwriting of project financing for a Native American gaming enterprise. 
  • Indian gaming management company involving the negotiation of development, management, and financing agreements with a Native American Tribe for the development of a gaming enterprise and related amenities. 
  • Bank holding company in connection with change of control application. 
  • Bank stock lender with respect to foreclosure of bank stock loan and sale of bank.
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Maslon Edelman Borman & Brand, LLP  | 3300 Wells Fargo Center | 90 South Seventh Street | Minneapolis, MN 55402-4140 | p 612.672.8200