Education
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Texas Tech University School of Law, J.D., summa cum laude, Order of the Coif, 1999
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Texas Tech University, B.A., Economics, summa cum laude, 1996
Bar Admissions
Court Admissions
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Texas Supreme Court
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U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
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Numerous pro hac admissions
Awards and Honors
- Texas Rising Star, Texas Monthly Magazine (2010)
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Brent McIlwain focuses on bankruptcy and restructuring issues, primarily related to corporate finance. He has represented both debtors and lenders in Chapter 11 proceedings across the country, as well as in numerous out-of-court restructurings. His experience includes negotiation and, when necessary, litigation of all material aspects of the bankruptcy process, from debtor-in-possession financing, to asset sales, to reorganization plans.
Representative Matters
- Representation of Fremont General Corporation, formerly one of the nation’s largest “sub-prime” lenders, in its pending Chapter 11 proceeding.
- Representation of oil and gas company and multiple subsidiaries in coordinated Chapter 11 filing.
- Representation of lender in bankruptcy of hospital, including advice regarding sale of substantially all assets, resulting in full repayment of lender.
- Representation of 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.
- Representation of lender in bankruptcy proceeding of large off-shore oil and gas company; representation included negotiation and litigation regarding plan terms with large bondholder, as well as litigation regarding collateral valuation.
- Representation of lender in large syndicated credit facility where borrower was forced into bankruptcy as a result of accounting fraud; representation included negotiation regarding provision of debtor-in-possession financing as well as various plan issues.
- Representation of bank holding company in matters related to FDIC receivership and subsequent Chapter 11 filing.
Professional Affiliations:
- Dallas Bar Association (Member, Bankruptcy and Commercial Law Section)
- American Bankruptcy Institute
- Turnaround Management Association (Member and contributor, Journal of Corporate Renewal)
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