Stewart M. Stein

Partner

DIRECT CONTACT
816.691.3280
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KANSAS CITY OFFICE
1201 Walnut, Suite 2900
Kansas City, MO 64106

Stewart chairs the firm's Real Estate Litigation Division. He works closely with businesses, financial institutions, real estate owners and developers and their shareholders/owners in various aspects of litigation, problem solving and general business representation.

Representative Experience

Serves as outside counsel to numerous lenders.
Successfully defended bank in suit filed alleging that bank did not properly administer a loan subject to a participation agreement. Obtained judgment for reimbursement of attorney fees and cost against plaintiff.
Recently provided assistance to bank in workout of credit facility involving a multi-family project where several million dollars of mechanic liens had been filed necessitating a potential foreclosure that would have taken approximately one year. We were able to convince all (over one hundred creditors) that it was in their best interest to accept a small distribution now in exchange for the release of the liens, so the project could proceed. Incidental thereto, the owner agreed to quit a claim deed of its interest in the property in exchange for the releases from their creditors.
Represents numerous banks in defense of lender liability claims stemming from liquidation of collateral by the lenders.
Represented a lender in defense of claim reruling from a withdrawal of a commitment letter.
Obtained summary judgment and award of damages in U.S. District Court for Kansas evicting CVS (tenant) resulting from breach of lease.
Obtained Summary Judgment on behalf of an apartment complex owner who was sued for breach of contract (lost profits) by a company that claimed to have entered into contract of purchase. Trial courts decision was upheld by the Missouri Court of Appeals.
Regularly represents banks in matters related to delinquent loan work-outs, including advise on appropriate remedies, liquidation of collateral, restructuring and negotiations with guarantors.
Represented national shopping center mall owner in defense of litigation attempting to enforce a large mechanic lien for tenant improvements. District Court of Kansas granted summary judgment in favor of our client, upheld by the Kansas Court of Appeals.
Represent numerous real estate owners and managers in matters related to purchase, sale, development and landlord/tenant issues.
Represented MCI (formerly WorldCom) in the claims administration process of their bankruptcy reorganization concerning approximately 1,110 real estate claims dealing with rejection damages and other types of post petition relief.
Serves as counsel to other business enterprises and takes pride in the numerous family owned business entities that he has represented for many years. Provides representation in the areas of business structure, problem resolution, employment issues and succession planning. A significant portion of his practice is devoted to representation of real estate owners and management companies. As part of his involvement he often provides counsel to his business clients on their personal business interests.

Education

Drake University, J.D., 1973

University of Minnesota, B.A., Political Science, Social Work, History, cum laude, 1971

Of Note

Stewart serves as a director of numerous charitable and not-for-profit foundations in the greater Kansas City metro area. His interest in “problem solving” has led to his serving as a member of numerous task forces and he has been asked to serve as a mediator in many alternative dispute proceedings.

Community Involvement

Johnson County Community College Foundation, Director – member of Executive Committee and currently serves as Executive Vice President
Bank of Blue Valley, past Director(1989-2002)
Kauffman Performing Arts Center, Endowment Committee
Johnson County Arts Association, past Director (2001-2005)
Congregation Beth Shalom, past President
Beth Shalom Foundation, Director and Treasurer
City of Leawood, Kan., Foundation, past Director (2000-2006)
Leawood Chamber of Commerce, past President (and founder)
Jewish Federation of Greater Kansas City, past Director of the Board of Governors
National Young Leadership Cabinet of United Jewish Appeal, past member

Bar Admissions

Missouri, 1974
Kansas, 1983

Professional Affiliations

Kansas Bar Association
The Missouri Bar
Johnson County Bar Association
- Creditor Rights Committee, former chair
Kansas City Metropolitan Bar Association
- Served as a fee dispute arbitrator for many years

Practices

Industries