Polsinelli
Phone: 816.360.4260
Fax: 816.753.1536
212.644.2090
New York Fax: 212.684.0197

Dan Flanigan

Department Chair

Chambers USA, the world's leading guide to the legal profession, has included Mr. Flanigan in their rankings for years, most recently in 2012.  In interviews with Mr. Flanigan's clients during research for the rankings, remarks made about his work include:  He is "a master strategist" and that "there are many decisions I will not make unless I have his input."   Another client of many years, who is now the head of real estate lending at one of the largest banks in the U.S., says "I think his strength is he's a very practical attorney.  My favorite thing about Dan is he'll say 'In a perfect world, we'd do this and this, but we don't live in a perfect world.'"

Chair of the firm’s Financial Services and Real Estate Departments (145-plus lawyers).

Established and developed the Firm’s Financial Services Department of 90-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 35 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).

Mr. Flanigan is named in the current and recent editions of the publications Best Lawyers in America and Chambers USA: America’s Leading Lawyers.

 

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

  • Named Best Lawyers’ "Kansas City-Missouri Litigation - Bankruptcy "Lawyer of the Year" for 2013
  • 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®
    • Banking and Finance Law
    • Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law
    • Litigation - Banking & Finance
    • Litigation - Bankruptcy 
  • Ranked in Chambers USA: America’s Leading Lawyers for Business, Real Estate (Kansas City & Surrounds)
  • Selected for inclusion in Missouri & Kansas Super Lawyers

Experience

  • Structured, negotiated, and documented numerous loan originations, workout, restructure, deed-in-lieu, and voluntary surrender transactions for lender clients.
  • Appearance as primary counsel for clients in bankruptcy cases in Arizona, California, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas and Virginia. 
  • 100% successful defenses of lender liability allegations against lender clients (no jury submission ever, numerous summary judgments obtained, no settlements other than “nuisance settlements”).
  • Formation of two commercial real estate mortgage conduit lenders (National Realty Funding and Bridger Commercial Funding Corporation) involving strategic alliances among investment bankers, venture capital, and entrepreneurial partners.
  • Retained by largest commercial bank in Hungary to establish special assets department (troubled loans, workouts, loan enforcement, collections, bankruptcy). Developed organization chart, staffing plan, policies and procedures. 
  • Representation of national asset based lender on all transactions west of the Mississippi River including major leveraged buyouts and multi-state transactions involving every type of collateral.
  • Representation of national acquirer of troubled loan portfolios from RTC on loan enforcement, restructures and workouts, reorganization and bankruptcy, and loan sale matters throughout the U.S.
  • Representation of lenders in connection with numerous DIP financings.
  • Counsel to largest Kansas City area health plan in successful merger with HMO and related restructuring including negotiated buyout of dissenting hospital shareholders.
  • Structured acquisition vehicle for purchase of Missouri Life Insurance Company by its agency force.
  • Documented and closed $50 million loan to railroad secured by all rolling stock including obtaining required ICC approval of securities issuance by borrower under Interstate Commerce Act (project began on December 24 and closed December 31 to fund settlement of antitrust case scheduled for trial on January 2).
  • Advised lender clients (both lead lenders and participants) in connection with a variety of loan participation and syndication issues. 
  • Served as lead trial counsel and obtained plaintiff jury verdict of $500,000+ against national lender in lender liability case.
  • Documentation of bank stock and bank holding company stock loans for lenders and borrowers. Successful UCC sale (including SEC private letter ruling) of stock in sizeable bank holding company.
  • Represented sale-leaseback lender in connection with attempt to recharacterize $260 million in sale-leaseback transactions as loans in Circle K bankruptcy (negotiation with debtor and unsecured creditors committee followed by discovery and full trial of all recharacterized issues, including extensive factual and expert testimony to overcome objection of subordinated debenture holders).
  • Obtained court approval and documented major restructuring of $260 million in sale-leaseback leases as part of successful conclusion of Circle K bankruptcy (sale of all assets to Investcorp).
  • Advised several lending institutions on establishment of general policies and procedures to avoid environmental liability.
  • Developed standard form loan documentation including real estate and asset based loan documents, and letter of credit documents for bank international department.
  • Co-developed local version of national seminar on environmental law (responsible for real estate, lending, and bankruptcy aspects).
  • Following passage of FIRREA, organized regional seminar on implications of statute, including participation of all relevant regulatory agencies.
  • Adjunct Professor, Bates College of Law, University of Houston, 1973.
  • Assistant Professor, U.S. Legal & Constitutional History, University of Virginia, 1973-1975.

Publications & Presentations

2012
10/01/2011
 

2008         The Polsinelli Guide to Real Estate Mezzanine Finance 
                 Peppercorn Press

2012         The Devil's Dictionary of Bankruptcy Terms for 
                 Commercial Lenders 
                 Peppercorn Press

2006         Understanding the Legal Issues Behind Executory
                
Contracts in Bankruptcy: Leading Lawyers on
                
Strategies for the Structuring, Drafting and Execution
                 of Executory Contracts 
                 Aspartore, Inc.
 
1983         The Criminal Law of Slavery and Freedom, 1800-1868 
                 Garland Press