Brian A. McDowell is an attorney in Holland & Knight's Orlando office. He practices in the areas of bankruptcy, insolvency litigation and receiverships. In bankruptcy, Mr. McDowell primarily focuses on representing debtors, secured and unsecured creditors, tenants, landlords, asset purchasers, defendants in adversary proceedings and trustees. These matters have arisen in both voluntary and involuntary Chapter 11 cases. Mr. McDowell has conducted two jury trials in the United States Bankruptcy Court.
In addition to his debtor and creditor representation, Mr. McDowell has also represented clients in a variety of litigation matters including foreclosure, fraud, Lantham Act, Interstate Land Sales Act, real estate and collections actions, as well as fraudulent transfer and preference actions.
Mr. McDowell has handled a wide range of cases in different industries including hotel and hospitality, aviation, maritime, manufacturing, pharmaceutical, retail and real estate.
Mr. McDowell has also had the occasion to serve as equity receiver and counsel for the receiver in matters involving various federal agencies. In these roles, Mr. McDowell has been responsible for the management and liquidation of a variety of businesses, the pursuit of claims of the receivership estates, and the evaluation and disposition of claims of creditors. Mr. McDowell has also been responsible for securing the turnover of assets by defendants.
Mr. McDowell has spoken on various issues, including construction, finance, corporate renewal and turnaround management. Additionally, he has spoken at various continuing legal education seminars regarding bankruptcy and insolvency issues.
- Representing secured lenders in the foreclosure of mortgages on operating hotels, including preservation of franchise affiliation and operating license in each matter
- Representing secured lenders in Chapter 11 cases of hotel operations
- Representing franchise holders in case against hotel owner
- Representing hotel in litigation brought by trade show vendor under commercial tort law
- Represented a Canadian bankruptcy trustee in Chapter 15 case of debtor accused of fraudulently diverting assets into United States
- Appointed receiver by federal court over timeshare resale companies sued by Federal Trade Commission (FTC) for deceiving timeshare owners
- Represented a freight carrier in Chapter 11 bankruptcy of third-party logistics company accused of fraudulent diversion of customer funds
- Appointed receiver of companies sued by the FTC for soliciting fraudulent payday loan applications
- Representing a publicly held bank in defense of fraudulent transfer litigation brought by a receiver of failed insurance company
- Successfully represented a publicly held technology company through appeal in the U.S. Court of Appeals for the Eleventh Circuit; company was sued by bankruptcy trustee for alleged fraudulent transfer of $100 million
- University of Florida Levin College of Law, J.D., with honors
- University of Florida, B.S., Accounting, with high honors
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- U.S. Court of Appeals for the Eleventh Circuit
- American Bar Association
- Central Florida Bankruptcy Law Association
- Orlando Philharmonic Orchestra, Board of Directors
- Gator Club of Central Florida
- Ninth Judicial Circuit, former Chair, Grievance Committee "A"
- The Florida Bar, former Member, Uniform Commercial Code/Bankruptcy Committee
- Boys and Girls Club of Central Florida, Inc., former Chairman, Board of Directors
- American Inns of the Court, former Member
- Order of the Coif
- Mad Cow Theatre, Chairman, Board of Directors
- Who's Who Legal 100: Insurance & Reinsurance, 2014
- The Best Lawyers in America guide, Bankruptcy and Creditor-Debtor Rights Law/Insolvency and Reorganization, Litigation - Bankruptcy, 2008-2021
- Florida Super Lawyers magazine, 2010, 2012-2020
- Best Lawyers, Orlando Magazine