Thomas C. Hardy is an associate and litigation attorney with Foley & Lardner LLP. He has extensive experience litigating creditor's rights cases in both state and federal courts. Mr. Hardy has particular experience in litigating claims and defenses under the Illinois Mortgage Foreclosure Law, the Illinois Interest Act, and the Illinois Consumer Fraud and Deceptive Business Practices Act. He is a member of the firm's Business Litigation & Dispute Resolution Practice.
Mr. Hardy's notable recent engagements include:
• Successfully defending appeal of summary judgment on Interest Act claims involving calculation of interest on 365/360 basis. Hubbard St. Lofts, LLC v. Inland Bank and Trust, 2011 IL App. (1st) 102640.
• Obtaining dismissal of commercial borrower's Chapter 11 case as a bad faith filing.
• Foreclosing $22 million mortgage on ice sports facility.
• Foreclosing $10 million mortgages on eight commercial offices/shopping centers.
• Obtaining consent foreclosure of $8 million mortgage on student housing complex
• Obtaining consent foreclosure of $5 million mortgage on hotel.
• Foreclosing $3 million mortgages on portfolio of nine multifamily properties.
Mr. Hardy has assisted clients in a range of complex litigation matters, including:
• Commercial mortgage foreclosures
• Complex commercial litigation involving civil fraud, breach of contract, mechanic's liens and other issues
• Multi-plaintiff securities fraud litigation
• Complex employment disputes
• Complex securities fraud litigation
• Representation of secured creditors in bankruptcy proceedings
• State and federal civil appeals
Mr. Hardy has a commitment to pro bono work. He has worked on Criminal Justice Act appeals to the Seventh Circuit, National Immigrant Justice Clinic asylum cases, and on copyright and other issues for pro bono clients through Lawyers for the Creative Arts.
Mr. Hardy received his J.D. from University of California's Hastings College of the Law.
Admissions and Professional Memberships
Mr. Hardy is admitted to practice in Illinois and before the United States District Court for the Northern District of Illinois and the Seventh Circuit Court of Appeals. He is a member of the Chicago Bar Association, the Illinois State Bar Association, and the American Bar Association.
Mr. Hardy has co-authored the following articles:
• "Unfair, Deceptive, or Abusive Acts or Practices," Bloomberg BNA Banking Practice Portfolio, No. 406 (March 2014)
• "Commercial Mortgage Foreclosure," chapter in Mortgage Foreclosure Practice (Illinois), Illinois Institute for Continuing Legal Education (2013)
• "Lender Liability and Equitable Subordination," chapter in Secured Transactions, Illinois Institute for Continuing Legal Education (2012)
• "As In-House Departments Expand, Associates Find New Opportunities," Chicago Daily Law Bulletin (July 2012)
• "Ch. 11 Prospects In The New SARE Landscape," Bankruptcy Law360 (June 2011)
• "Conventional and Equitable Subrogation: Exceptions to 'First in Time, First in Right,'" Consumer Financial Services Law Report and Commercial Lending Litigation News (September 2010)