Overview

Brent R. McIlwain is a partner in Holland & Knight's Dallas office. He practices in the area of corporate finance and litigation, with a particular emphasis on bankruptcy and restructuring matters. He represents both debtors and creditors in Chapter 11 proceedings across the country, as well as in numerous out-of-court restructurings. Mr. McIlwain routinely advises finance clients on front-end deal structuring and intercreditor issues. Mr. McIlwain also represents clients in business litigation matters, both in state and federal court.

Mr. McIlwain’s industry experience includes oil and gas, healthcare, manufacturing, food and agriculture, retail and financial services. During the recent financial crisis, Mr. McIlwain gained substantial experience in representing bank holding company clients in Chapter 11 proceedings.

Experience

  • Represented publicly traded oil and gas company in its Chapter 11 proceeding which included confirmation of prepackaged plan of reorganization within 70 days of filing (Delaware)
  • Represented real estate holding companies with multiple hotel properties that serviced areas with heavy concentration of oil and gas activity; confirmed plan of reorganization (Midland, Texas)
  • Represented oil and gas company in its Chapter 11 proceeding which included sale of substantially all assets in multiple asset sale transaction (Austin, Texas)
  • Represented bank holding company in its Chapter 11 proceeding which included sale of its stock in subsidiary bank (Delaware)
  • Represented bank holding company in its Chapter 11 proceeding (San Juan, Puerto Rico)
  • Represented a bank holding company, formerly one of the nation’s largest sub-prime lenders, in its Chapter 11 proceeding which included bankruptcy court authorization of sale of subsidiary bank assets and subsequent confirmation of plan of reorganization (Santa Ana, Calif.)
  • Represented oil and gas company and multiple subsidiaries in coordinated Chapter 11 filing (Dallas, Texas)

  • Represented lender in bankruptcy of exploration and production (E&P) company; lender provided debtor in possession financing which lead to the disposition of substantially all of the debtors' assets through multiple sale transactions (Colorado)
  • Represented lender in bankruptcy of oil and gas servicing company; lender provided debtor in possession financing which bridged debtor to a sale of substantially all its assets resulting in payment in full of lender claims (Houston, Texas)
  • Represented agent and lender in large syndicated project financing of a gas storage facility; lender provided debtor in possession financing to complete project post-filing, and ultimately confirmed plan of reorganization (Delaware)
  • Represented lender in bankruptcy of manufacturer of prepared foods; lender provided debtor in possession financing which bridged to a sale process resulting in payment in full of lender claims (Delaware)
  • Represented lender in bankruptcy of medical diagnostic company; lender provided debtor in possession financing which bridged to a sale (Delaware)
  • Represented equipment lessor in bankruptcy of hydraulic fracturing company (Fort Worth, Texas)
  • Represented lender in bankruptcy of one of the largest cafeteria restaurant chains; confirmed lender sponsored Chapter 11 plan over objection of equity holders (Lafayette, La.)
  • Represented lender in bankruptcy of retail jeweler (Orlando, Fla.)
  • Represented lender in bankruptcy of resort hotel (West Palm Beach, Fla.)
  • Represented lender in bankruptcy of offshore oil and gas company (New Orleans, La.)
  • Represented lender in bankruptcy and liquidation of large retail furniture company (Houston, Texas)
  • Represented lender in bankruptcy of hospital, including advice regarding sale of substantially all assets, resulting in full repayment of lender (El Paso, Texas)
  • Represented lender in pre-negotiated bankruptcy proceeding of one of the nation's largest electrical contractor "roll-ups," including negotiation of debtor-possession financing, a plan of reorganization and provision of exit financing (Dallas, Texas)
  • Represented lender in bankruptcy proceeding of large offshore oil and gas company, including negotiation and litigation regarding plan terms with a large bondholder, as well as litigation regarding collateral valuation (Houston, Texas)
  • Represented lender in large syndicated credit facility where borrower was forced into bankruptcy as a result of accounting fraud, including negotiation regarding provision of debtor-in-possession financing, as well as various plan issues (New York, N.Y.)
  • Represented lender in bankruptcy of one of the largest East Coast transportation companies (Delaware)
  • Represented lender in bankruptcy of time-share resort (Reno, Nev.)

Credentials

Education
  • Texas Tech University School of Law, J.D., summa cum laude
  • Texas Tech University, B.A., Economics, summa cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • Texas Supreme Court
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
Memberships
  • Dallas Bar Association, Bankruptcy and Commercial Law Section

Publications

Speaking Engagements

News