Brian A. Kilmer
Partner
Brian Kilmer brings an exclusive focus on bankruptcy issues to his representation of creditors’ committees, debtors, secured and unsecured creditors and trustees in Chapter 11, Chapter 7 and restructuring proceedings both in and out of the courtroom.
An in-depth understanding of both the bankruptcy process and business operations helps Brian represent debtors and preserve the interests of creditor committees formed to represent creditors in Chapter 11 proceedings and ad hoc creditor committees in out-of-court restructurings. He also helps clients facing bankruptcy and restructuring proceedings in multiple states, including Texas, Louisiana, Delaware, New York, Michigan and Florida. He also advises acquirers of distressed assets and special servicers of defaulted loans involving a wide range of industries, including:
-
- Banking
- Construction
- E&P, oilfield service, offshore/onshore and drilling companies
- Energy
- Environmental
- Food/agri-business
- Health care
- Manufacturing
- Maritime
- Petrochemicals
- Real estate
- Retail
- Steel and aluminum
- Transportation
Experience
- Lead counsel in assisting debtors, E&P companies with operations in the United States and South America, in successfully maximizing the liquidation of their assets, ultimately culminating in a plan of liquidation that was approved by all creditors and the Bankruptcy Court.
- Assisted the debtor as lead counsel in successfully reorganizing its regional staffing business, despite hundreds of FLSA claims against the debtor arising out of Hurricane Harvey. The plan of reorganization that was approved by the creditors and the Bankruptcy Court paid all creditors in full.
- Secured dismissal of Chapter 11 bankruptcy proceeding as lead counsel for a former NFL player and football legend at the University of Texas by successfully negotiating with his creditors to pay all in full.
- Lead counsel to a significant marine creditor and, as part of a group of other marine lien claimants, successfully objected to the initial plan of reorganization filed by the debtors, an offshore liftboat operator, that would have wiped out the client’s maritime liens and then participated in a successful mediation that formed the basis for a consensual reorganization plan that provided a significant recovery to the client.
- Represented as lead counsel the official committee and successfully negotiated a consensual plan with the debtor, an E&P company, and the secured lender that limited the secured lender’s deficiency claim, as well as represented the post-confirmation trust formed under the plan of liquidation in a large number of litigation matters that resulted in a significantly higher recovery than creditors would have received absent the negotiated plan and trust litigation.
- Led and achieved successful negotiation on behalf of official committee to secure consensual plan with the debtor, an E&P company, that resulted in a significantly higher recovery than creditors would have received without the negotiated plan.
- Lead counsel helping the debtor, an oilfield service company, in successfully reorganizing the business and confirmed a plan of reorganization that was approved by the creditors and the Bankruptcy Court, which paid all creditors in full.