J. David Bowers
The attorneys at Fields & Brown represent national banking institutions, investment firms, asset managers, governmental agencies and national insurance companies in a wide variety of commercial transactions including letters of credit, real estate and development project financing, guarantees, tax credit financing, secured and unsecured loans. The attorneys also have extensive experience in representing national banking institutions and insurance companies in a wide range of commercial litigation including bankruptcy, creditors’ rights, commercial collections, foreclosures, directors and officers liability claims, quiet title actions, declaratory judgments and professional liability claims.
The firm has represented Bank of America in a variety of litigation matters. Some have been as simple as obtaining judgment against loan debtors. Others have grown out of bankruptcy representation, involving, for example, quiet title actions regarding commercial and residential properties. Other matters involved defending the bank against suits based on various theories such as the Fair Debt Collection Practices Act. For approximately ten (10) years, the firm has represented Bank of America in a variety of bankruptcy matters. Additionally, Fields & Brown has represented Bank of America in a number of judicial foreclosures in Kansas and non-judicial foreclosures in Missouri. For example, the firm recovered the full amount of Bank of America’s lien (approximately $350,000) against property set for foreclosure by negotiating a resolution with another bank holding a second or subordinate position under the deed of trust.
The firm was retained and recovered $1.7 Million on behalf of Citi-Bank in a dispute involving the bank’s claim of superior rights to insurance proceeds paid under the terms and conditions of a deed of trust to property destroyed by reason of fire.
The firm established the superior lien holder position of Key Bank in a dispute with another bank as a result of simultaneous loans wrongfully obtained by a borrower who pledged the same property.
For over 20 years, the finance services group of Fields & Brown has provided bond counsel services to city state agencies, as well as political subdivisions and school districts. Our roles have also include issuer’s counsel, underwriter’s counsel and disclosure counsel. Attorneys in the group are skilled in using innovative financing techniques such as tax increment financing, community improvement districts, neighborhood improvement districts, and planned industrial expansion. Fields & Brown is listed in The Bond Buyer’s Municipal Marketplace (Red Book).
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