FacultyFaculty/Author Profile

Daniel J. Flanigan

Polsinelli Shughart LLP

Kansas City, MO, USA


Daniel Flanigan, Chair of the Polsinelli Shughart Real Estate and Financial Services Department (135 lawyers).

Established and developed the Firm's Financial Services Department of 70-plus lawyers operating in a fully horizontally and vertically integrated practice group dedicated solely to debt financing transactions and litigation, covering corporate banking and regulatory, loan documentation, structured finance and securitization, workouts and financial institutions, loan enforcement and bankruptcy within the same practice group.

Advisor to lenders for more than 30 years regarding all aspects of debt-financing - from secured lending to securitization and structured finance, from loan origination to loan enforcement and bankruptcy. Mr. Flanigan's practice encompasses all aspects of commercial and real estate finance including loan documentation, servicing, loan enforcement, workouts and restructurings, and bankruptcy matters. In recent years he has been intensely involved in the commercial mortgage backed securities industry where he has assisted in the formation and operation of two national conduit lenders and supervises a group of lawyers that have documented and closed more than 2,000 commercial mortgage and mezzanine loans, $20-plus billion in principal amount, in 50 states and D.C. He is a co-author of The Polsinelli Guide to Real Estate Mezzanine Finance (Peppercorn Press 2008).

Lawyers in his department have under his supervision represented loan sellers, master servicers, special servicers, and asset managers in securitizations and related matters, including loan sale warranty breach litigation, prepayment premium litigation, REMIC and other tax issues, and all aspects of administration and enforcement of troubled debt and equity investments including senior, mezzanine, and preferred equity.

Mr. Flanigan is currently representing master and special servicers, portfolio lenders, and property developers and borrowers in connection with numerous high and low profile real estate loan restructuring, loan enforcement, and bankruptcy matters throughout the U.S. He has been especially engaged recently in connection with numerous outbreaks of so-called "Tranche Warfare" involving disputes, negotiation, and often litigation among members of CMBS capital stacks, syndicated lender groups, and loan participants.

He has represented lenders in bankruptcy courts throughout the United States in both large cases and in single-asset proceedings and is co-author of The Devil's Dictionary of Bankruptcy Terms for Commercial Lenders (Peppercorn Press 2007).

Memberships and Affiliations

  • Commercial Mortgage Securities Association
  • Mortgage Bankers Association
  • American Bar Association, Business Law, Real Estate, Litigation  Sections
  • American Bankruptcy Institute
  • Turnaround Management Association
  • The Missouri Bar
  • The New York Bar
  • The New York City Bar Association


Distinctions

  • Ranked in Chambers USA: America's Leading Lawyers for Business,  Real Estate, 2004-present
  • Named Best Lawyers "Kansas City, Missouri Banking and Finance  Law Lawyer of the Year" for 2012
  • Selected for inclusion in The Best Lawyers In America® 2005-2012  (Banking and Finance Law and Bankruptcy and Creditor-Debtor  Rights Law)
  • Selected for inclusion in Missouri & Kansas Super Lawyers, 2005- 2011
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