Brent R. McIlwain
Partner
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