University of Minnesota Law School, J.D., 1979, Magna Cum Laude
- Order of the Coif
Macalester College, B.A., 1976, Summa Cum Laude
- Phi Beta Kappa
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 8th Circuit
Rich Anderson is a member of the Financial Institutions and Real Estate section and the firm’s Bankruptcy practice group. With more than 30 years of experience, Rich practices principally in the areas of:
- Bankruptcy and workouts
- Creditors’ rights
- Bankruptcy litigation
- Commercial lending
Rich has appeared in most of the major Chapter 11 bankruptcy cases commenced in Minnesota in recent years. He has also represented Minnesota clients in bankruptcy cases in Delaware, Massachusetts, New York, Illinois, Texas, Arizona and other jurisdictions.
Rich has represented creditors and other clients on a wide variety of matters under Chapter 11, including negotiation and litigation concerning use of cash collateral, Chapter 11 plan issues, relief from stay proceedings and claim objections. Rich has also represented PACA creditors and administrative expense claimants, and landlords and tenants in bankruptcy matters.
Rich also has experience in the purchase and sale of assets in Chapter 7 and 11 proceedings, including sales under Section 363 of the Bankruptcy Code and the negotiation of bidding procedures and buyer projections.
Historically, Rich successfully represented a lender in the case that established the basic law governing the relationship between the Bankruptcy Code and Minnesota's foreclosure statute: Johnson v. First National Bank.
Non-Bankruptcy Creditors’ Rights
Rich has represented secured creditors and other parties in state court assignment for benefit of creditor proceedings and both entity and asset receiverships receivership actions (including real estate receiverships). Rich has also represented secured lenders in connection with public and private Article 9 foreclosure proceedings involving both tangible and intellectual and other intangible property.
Rich has extensive experience representing defendants in bankruptcy preference, fraudulent conveyance actions, as well as other bankruptcy litigation.
Commercial Lending and Workouts
Rich also assists secured creditors and other clients with corporate financing workout negotiations and other lending matters.
Honors & Awards
- The Best Lawyers in America
- Representation of a public agency in the acquisition of abandoned industrial property through a Section 363 bankruptcy sale, where subject property emerged as cornerstone of client’s commercial redevelopment efforts.
- Representation of national pharmaceutical and educational institution in the acquisition under Section 363 of the Bankruptcy Code of a major regional pharmaceutical testing facility, including representation of the client in related regulatory and testing sponsor issues.
- Representation of the lender in a bankruptcy involving a major ethanol producer.
- Representation of a major advertising agency in a successful Chapter 11 reorganization.
- Representation of a secured lender in the negotiation and preparation of a Chapter 11 reorganization plan for a condominium project located in outstate Minnesota.
- Representation of a secured creditor in a Chapter 11 bankruptcy case filed by a national food company, involving employment and tax issues and extensive negotiation and litigation with PACA creditors, mezzanine lenders, equity holders and other interested parties.
- Representation of a national commercial real estate developer and landlord in retail bankruptcy cases located throughout the country.
- Representation of national franchisee associations in various franchisee and franchisor bankruptcy proceedings.
- Representation of major utility companies in bankruptcy proceedings, including Chapter 11 proceedings involving a national mining operator, a national media cable company and a major producer of paper products.
- Representation of numerous landlords, investors, vendors and other creditors, charitable organizations and other local and national clients in the defense of preference, fraudulent conveyance and other clawback matters, including defense of clients in state, federal and bankruptcy court Ponzi scheme cases.
- Participated in the preparation and legal analysis of an amendment to Minn. Stat. §541.12 enacted in 2012 to provide additional protection for charitable organizations in the defense of clawback claims, including clawback claims arising out of failed Ponzi schemes.
Hennepin County Bar Association, Ethics Committee
Minnesota State Bar Association, Member
American Bar Association, Member
American Bankruptcy Institute, Member
Turnaround Management Association, Member of Board of Directors and Secretary (Upper Midwest Chapter) and Member of Education Committee
William Mitchell College of Law, Adjunct Professor of Bankruptcy Law for more than 10 years (most recently in 2007)
- February 15, 2017
- August 15, 2016
- August 22, 2014
- March 26, 2013
- October 23, 2014
- "Troubled Loan Workout Program," Turnaround Management Association
- "Ten Things Every Real Estate Attorney Should Know About Bankruptcy," Minnesota Real Estate Institute
- "Chapter 11 Issues Under the New Act (including Conversion or Dismissal/Appointment of Examiner or Trustee, Avoidance Actions, Utility Services, New Duties of Committees, KERPS, Unexpired Leases and Executory Contracts and Vendor Claims)," Minnesota Bankr
- "Seven (At Least) Critical Developments in the Business Bankruptcy (including Rule 2019 Disclosures, Recharacterization of Leases as Debt, Cram Ups and Reinstatements; Special Purpose Entities, and Fradulent Transfer, Equitable Subordination, Recharacteri
- "Current Developments in Mezzanine and Alternative Financing," Turnaround Management Association
- "Security Interests and Liens: How IRS, PACA Reclamation, 'Hot Goods' and other Liens and Claims can Trump a Lender's Security Interest," Turnaround Management Association
- "A Lender's Perspective on Credit (Including Developments in Due Diligence and Credit Structure, Loan Structure, Covenants and Monitoring)," Turnaround Management Association
- ALERT: Supreme Court Decides That Payments Under Structured Dismissals Of Bankruptcy Cases Cannot Deviate From Ordinary Priority Rules Without Consent From All Affected CreditorsApril 7, 2017
- Alert: Supreme Court Finally Decides Whether Consent to Bankruptcy Court's Final Adjudication of "Stern Claims" Is ConstitutionalJune 11, 2015
- June 12, 2014