Brent R. McIlwain

Partner

Practices

Industry

Financial Services

Brent R. McIlwain

+1.214.964.9481

Overview

Brent R. McIlwain is an attorney in Holland & Knight's Dallas office. He practices in the areas 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 in state and federal court, with a particular focus on receivership proceedings.

Mr. McIlwain's industry experience includes oil and gas, healthcare, manufacturing, real estate development, food and agriculture, retail and lender finance.

Representative Experience

Represented lenders and other parties in interest in receivership proceedings in state and federal courts across the country

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 an oil and gas company in its Chapter 11 proceeding, which included sale of substantially all assets in multiple asset sale transaction (Austin, Texas)
Represented a bank holding company in its Chapter 11 proceeding, which included sale of its stock in subsidiary bank (Delaware)
Represented a 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 an oil and gas company and multiple subsidiaries in coordinated Chapter 11 filing (Dallas, Texas)

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

Honors & Awards

Best Lawyers in Dallas, D Magazine, Bankruptcy & Workout, 2023
The Best Lawyers in America guide, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2021-2025

Publications

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

Holland & Knight Alert

November 10, 2020

6 Minutes

As Purpose of Forbearance Agreements Change, So Will Terms

The Journal of Corporate Renewal

May 2007

Is Arbitration Binding After Bankruptcy Filing? Courts Apply Same Standards, Reach Different Results

The Journal of Corporate Renewal

November 2007

Speaking Engagements

Structuring Agreements Among Lenders in Unitranche Loan Facilities and Enforcement in Bankruptcy

Strafford Webinar / November 30, 2017

Structuring Intercreditor Agreements in Split Collateral Lien Structures Between ABL and Term Lenders

Strafford Webinar / October 2, 2014

The ABCs of Assignments for the Benefit of Creditors

American Bar Association, Business Law Section, Spring Meeting / April 12, 2008

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Brent R. McIlwain

Partner

Brent R. McIlwain

Partner

Overview

Representative Experience

Credentials

Publications

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

Is Arbitration Binding After Bankruptcy Filing? Courts Apply Same Standards, Reach Different Results

As Purpose of Forbearance Agreements Change, So Will Terms

Speaking Engagements

Structuring Agreements Among Lenders in Unitranche Loan Facilities and Enforcement in Bankruptcy

Illuminating Developments in Intercreditor Dynamics: The Impact of Energy Future Holdings Corp.

Restructuring Unitranche Loan Facilities

Structuring Intercreditor Agreements in Split Collateral Lien Structures Between ABL and Term Lenders

Structuring Intercreditor Agreements in Split Collateral Lien Structures Between ABL and Term Lenders

The ABCs of Assignments for the Benefit of Creditors

News

Nearly 800 Holland & Knight Attorneys Recognized by The Best Lawyers in America for 2025

More than 560 Holland & Knight Attorneys Recognized by The Best Lawyers in America for 2024

More than 500 Holland & Knight Attorneys Recognized by The Best Lawyers in America for 2023

488 Holland & Knight Attorneys Recognized in Best Lawyers in America 2022

354 Holland & Knight Attorneys Recognized in Best Lawyers in America 2021

Holland & Knight Opens Dallas Office