FacultyFaculty/Author Profile
Brett D. Anders

Brett D. Anders

Polsinelli Shughart PC

Kansas City, MO, USA


Brett D. Anders
Shareholder, Polsinelli

"My goal every day is to make your life simpler and make you look good to your boss. I want to help you be fully informed, and I want to help you make sure that you make the best decisions possible. I want you to sleep better at night, knowing that I am fully invested in solving your problems."

Overview

Brett Anders’ goal is to make the client’s life simpler. He wants to understand their issue and then solve it. He wants to advise clients on what the right result would be in a court of law; inform them of the possible outcomes; identify the variables that will affect that outcome; and calculate the odds of success. In short, in serving clients, Brett defers to their judgment in determining what is best for their business but works to make certain their decisions are always fully informed. Brett’s aim is to assist clients in making confident choices on the best course of action involving a judicial or non-judicial resolution.

Brett assists commercial lenders and their loan servicers. He has significant experience in:

  • Enforcing commercial loans in state and federal courts, including suits on notes and guarantees, foreclosures, and utilization of extraordinary remedies such as receiverships, replevins, and injunctive relief
  • Advising master and special servicers in the CMBS industry with respect to interpretations of loan documents, pooling and servicing agreements, intercreditor agreements, and participation agreements
  • Prosecuting claims on behalf of, and defending claims against, lead lenders, loan participants, and co-lenders in co-lending disputes
  • Defending lenders against lender liability claims when borrowers and their principals blame their lenders for their troubled assets

Brett has 25 years of experience and has appeared in state, federal, and bankruptcy courts in more than 35 states. He is a frequent educational speaker and moderates and appears on panels on an annual basis in New York, California, Texas, Illinois, Missouri, and Kansas.

Bar Jurisdictions

  • Missouri, 1988
  • New York, 2011

Distinctions

  • Selected for inclusion in The Best Lawyers in America® 2007-2014
    • Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law
    • Litigation-Bankruptcy
  • Best of the Bar, Kansas City Business Journal, 2007-present
  • Selected for inclusion in Missouri & Kansas Super Lawyers, 2008-2013

Key Matters

  • Lead trial counsel for secured lender against United States government in federal forfeiture proceeding, protecting lender’s rights to recover full amount of debt, including prepayment consideration, from proceeds of sale of property that was collateral for lender’s debt, but which was forfeited to the government. Case was decided in favor of the secured lender on appeal to U.S. Court of Appeals for the Sixth Circuit.
  • Lead trial counsel in defense of $6 million fraudulent transfer claim in U.S. Bankruptcy Court for District of Kansas, obtaining directed verdict on behalf of defendant.
  • Represented secured lender owed $30 million secured by assisted living facilities in St. Louis, Mo. Obtained appointment of receiver, retained receiver in possession of the facilities in subsequently filed Chapter 11, obtained dismissal of Chapter 11, obtained dismissal of a second Chapter 11 case filed by borrower, and effected receiver sale of the facilities in which purchaser assumed, and subsequently paid, entire indebtedness owed to lender.
  • Represented secured lender owed approximately $14 million secured by office buildings in Dallas, Texas. Obtained appointment of receiver and effected receiver sale of the buildings over objections of borrower and mezzanine lender, with purchaser assuming indebtedness owed to Lender.
  • Represented master servicer in $100 million-plus litigation brought against master servicer and others in New York, New York with respect to administration of CMBS loan and subordinate “B” indebtedness secured by hotel and casino in Las Vegas, Nevada. Obtained dismissal of case with no liability to master servicer.
  • National representation of multiple investor fund that acquired distressed debt package from Resolution Trust Corporation, including loan workouts, restructures, reorganizations, and enforcement, with appearances in state, federal, and bankruptcy courts throughout the United States.
  • National representation of lenders in the CMBS industry, with appearances in state, federal, and bankruptcy courts in more than 30 states.

Areas of Focus

  • Financial Services
  • Loan Enforcement and Creditors' Rights

Education

  • J.D., University of Missouri, 1988
  • B.J., University of Missouri, 1985

Court Admissions

  • U.S. District Court, Western District of Missouri, 1988
  • U.S. Court of Appeals, Tenth Circuit, 1995
  • U.S. Court of Appeals, Eighth Circuit, 1999
  • U.S. Court of Appeals, Sixth Circuit, 1999
  • U.S. Bankruptcy Court, Eastern District of Wisconsin, 1992
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