Departments

Phone: 816.360.4267
Fax: 816.572.5067

Brett D. Anders

Shareholder
Brett Anders enforces the rights and remedies of secured lenders in state, federal and bankruptcy courts across the nation. One of his specialties is the use of receivership proceedings to manage, operate and ultimately sell collateral as an alternative to traditional foreclosure and bankruptcy sales. He represents CMBS and institutional lenders in lender liability litigation, in disputes between participants and co-lenders, and in disputes between loan servicers.

Memberships and Affiliations

  • American Bar Association
    • Business Litigation Committee
    • Bankruptcy Committee
  • American Bankruptcy Institute
  • Kansas City Bankruptcy Bar Association

Distinctions

  • Selected for inclusion in The Best Lawyers in America® 2007-2012
    • 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, 2008-2011

Experience

  • Lead trial counsel for secured lender against U.S. 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.
  • 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 U.S.
  • National representation of lenders in the CMBS industry, with appearances in state, federal and bankruptcy courts in more than 30 states.
  • Effect of receiver sales directly to third-party purchasers in courts throughout the U.S. in cases where secured lenders did not want to acquire title to properties.

Publications & Presentations

November 2009
On October 30, 2009, the FDIC issued a Policy Statement on Prudent Commercial Real Estate Loan Workouts. The Policy Statement is very helpful in giving bank management and loan workout staff guidance on how the FDIC will treat various loan restructurings in the face of declining appraised values of commercial real estate.
2009
National Business Institute
2008
2007
2005
2005
Lorman Education Services
2002
2001