Andrew views his role in representing lenders as like a Swiss Army knife: whatever the challenge, he has a tool to address it.

Overview

From the initial stages of identifying a problem loan, through negotiations with the borrower/guarantors and even through state or Federal court litigation or bankruptcy, Andrew has the ability to continually represent lenders and to formulate a multi-prong, multi-faceted approach creating efficiencies and delivering a comprehensive strategy to his clients.

Andrew leverages his unique and multifaceted understanding of the lending industry to assist clients in navigating any stage of loan enforcement. His experience allows him to chart strategies that help lenders manage risk and optimize recovery whether through negotiated resolutions with borrowers, judicial or self-help remedies, or protecting the lender's rights in a bankruptcy filing.

Andrew also advises banks, other lenders and creditors dealing with distressed loans in workouts and restructurings including litigation and Chapter 11 and 12 bankruptcy cases. His background in commercial litigation, including appellate work, provides a valuable asset when defending lender liability and breach of fiduciary duty actions. Additionally, Andrew uses his understanding of the agribusiness economy (gained while growing up in a Nebraska farming community) to provide industry-focused guidance in the areas of agriculture production loans, equipment finance loans, crop input loans, and the unique aspects of enforcing agricultural loans.

Experience

Andrew obtained a $10 million judgment on behalf of a national bank, defeating a real estate borrower’s claims of lender liability, fraud, Equal Credit Opportunity Act violations and breach of fiduciary duty claims.

In addition to workouts and refinancings, Andrew has negotiated numerous Chapter 11 reorganization plans for agribusiness and real estate development concerns.

A seasoned litigator, Andrew recently successfully argued before the U.S. Court of Appeals for the Eighth Circuit, winning a case involving alleged inadequate foreclosure bids.

Building on his experience in cases involving the Equal Credit Opportunity Act, Andrew has written multiple amicus briefs on behalf of several banking trade associations including serving as counsel to the amici in an ECOA case with the U.S. Supreme Court.

Andrew has taught consumer law as an adjunct professor at the University of Kansas School of Law, and served five years on the board of directors of Cornerstone Care-Spofford Campus, which supports communities through education, mental and behavioral health, foster care and adoption, youth support, family support and community training.

News & Insights

Speaking Engagements

"Risks and Rewards of Informal Co-Operative Farming" American Bankers Association Ag Lenders Conference, Omaha, Nebraska, November 2018

"What Changes at the CFPB Could Mean for Agency Enforcement of the Equal Credit Opportunity Act" Stinson Leonard Street, Minneapolis, Minnesota, June 2018

"Catching the Tiger by the Tail: Secured Lending Strategies When Dealing with an Insolvent Borrower" Kansas Bar Association, Bankruptcy & Insolvency Law CLE, Wichita, Kansas, April 2018

"Case Flyover – Significant Banking and Finance Cases of 2017" Missouri Bankers Association, Bank Legal Issues Conference, Columbia, Missouri, October 2017

"Selected Evidence Issues in Bankruptcy" Missouri Bar Association Bankruptcy CLE, Springfield, Missouri, March 2017

"Recent Changes to Discovery Rules" Kansas City Bankruptcy Association, Kansas City, Kansas, June 2016

"A Report from the Trenches…From the U.S. Supreme Court to Missouri Trial Courts" Missouri Bankers Association Bank Legal Issues Conference, Columbia, Missouri, October 2015

"Trust Property/Powers Issues in Chapter 13 and Chapter 7 Cases," ABI Central States Conference, Traverse City, Michigan, June 2015

"Ethical Issues in Debtor / Creditor Representation,"  National Business Institute, Overland Park, Kansas, June 2015

"'I Don't Have to Tell You That' – Evidentiary Privileges in Bankruptcy," ABI Midwest Conference, Kansas City, Missouri, October 2014

"Bankruptcy Litigation 101 – Contested Matters and Adversary Proceedings," National Business Institute,  Overland Park, Kansas, August 2014

"Why Did I Ever Become a Banker? –or- Reg. B and You," , Kansas City, Missouri, May 2014

"Foreclosure Boot Camp – Lender Liability Issues," National Business Institute,  Overland Park, Kansas, April 2014

Publications

Recognitions

Recognitions

Selected to the 2018-2020 editions of Best Lawyers in America©

Named "Best of the Bar" by the Kansas City Business Journal, 2016

Professional & Civic Activities

Professional & Civic Activities

Nebraska State Bar Association

The Missouri Bar

Kansas City Metropolitan Bar Association

Kansas City Bankruptcy Bar Association

American Bankruptcy Institute

Missouri Bankers Association

Admissions

  • Missouri, 2002
  • Nebraska, 2003
  • Kansas, 2013
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Nebraska
  • U.S. Circuit Court of Appeals for the Eighth Circuit
  • U.S. Circuit Court for the Tenth Circuit 
  • U.S. Supreme Court

Education

Creighton University, J.D., summa cum laude, 2002

University of Nebraska, B.A., English and Political Science, magna cum laude, 1999

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