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Brian A. Kilmer, Shareholder

Telephone: (713) 300-9662
Fax: (214) 731-3117
Email: bkilmer@kcw-lawfirm.com
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Brian Kilmer's practice focuses on representing debtors, unsecured creditors' committees and secured creditors in complex Chapter 11 cases in a wide array of industries in jurisdictions such as Texas, Delaware, New York, Michigan, Florida and Louisiana. Brian also regularly represents secured creditors in single asset cases, acquirers of distressed assets and debtors and secured creditors in out-of-court workouts. Additionally, Mr. Kilmer has extensive experience with general business litigation matters.

Prior to joining Kilmer Crosby & Walker, Brian was a shareholder at Chamberlain Hrdlicka and a partner at the law firms of Okin Adams & Kilmer LLP, Akin Gump Strauss Hauer & Feld LLP and Powell Goldstein LLP and an associate at Sheinfeld, Maley & Kay, P.C. Before beginning his law practice, Brian was a judicial law clerk to the Honorable Marcel Livaudais, Jr. and a judicial extern to the Honorable Louis Moore Jr.

Significant Bankruptcy Representations:
Lead Counsel to Member of Creditor’s Committee, EMAS CHIYODa (S.D.Tex.)
Lead Counsel to significant creditor in Montco Offshore (S.D.Tex.)
Counsel to post-confirmation trustee for Shoreline Energy, LLC (S.D.Tex.)
Lead Counsel to significant creditor in Stone Energy (S.D.Tex.)
Lead Counsel to large creditor in Sandridge Energy (S.D.Tex.)
Lead Counsel to significant creditor in Northstar Offshore (S.D.Tex.)
Lead Counsel to largest creditor in Hillcrest GOM (S.D.Tex.)
Lead Counsel to significant creditor in Montco Offshore (S.D.Tex.)
Lead Counsel to creditor in Cal Dive (D.Del.)
Lead Counsel to significant creditor in Energy XXI (S.D.Tex.)
Lead Counsel to the Debtor, Ethos Offshore US LLC (S.D.Tex.)
Lead Counsel to the Debtor, Harkand Gulf Services LLC (S.D.Tex.)
Lead Counsel to the Debtor, Nova Directional, Inc. (S.D. Tex.)
Counsel to the Debtors, EmKey Companies, et al. (N.D. Tex.)
Lead Counsel to 3K Partners, Ltd., A&B Valve and Piping Systems. (W.D. La.)
Lead Counsel to Vincent P. Young, Jr. (S.D. Tex.)
Counsel to Fortune Natural Resources Corporation in ATP Oil & Gas Corp (S.D.Tex.)
Lead Counsel to Chapter 11 Trustee and Chapter 7 Trustee, M3 Technology (S.D. Tex.)
Lead Counsel to Chapter 11 Trustee and Chapter 7 Trustee, H&M Oil & Gas (N.D. Tex.)
Co-Counsel to Committee of Ad Hoc Noteholders, Reddy Ice Holdings (N.D. Tex.)
Co-Counsel to largest unsecured creditor, RE Loans (N.D. Tex.)
Lead Counsel to Member of Unsecured Creditors' Committee, Pilgrim's Pride (N.D. Tex.)
Lead Counsel to Official Committee of Unsecured Creditors, Heritage Consolidated (N.D.Tex.)
Counsel to Official Committee of Unsecured Creditors, Hallwood Energy LP (N.D.Tex.)
Counsel to Official Committee of Unsecured Creditors, Delta Airlines (S.D. N.Y.)
Counsel to Official Committee of Unsecured Creditors, Kaiser Aluminum (D. Del.)
Counsel to Official Committee of Unsecured Creditors, Manchester, Inc. (N.D. Tex.)
Counsel to Ad Hoc Committee of Secured Bondholders, Weirton Steel, Inc. (N.D.W.V.)
Counsel to Indenture Trustee of Secured Bondholders, Contour Energy, Inc. (S.D.Tex.)
Counsel to the Debtor, Agrifos Fertilizer, LP (S.D. Tex.)
Counsel to the Debtor, Phytogen International (D. Wy.)
Counsel to the Debtor, Dow Corning Corp. (E.D. Mich.)
Counsel to the Debtor, Super Discount Markets Inc. (N.D. Ga.)
Counsel to the Debtor, Dee Howard Aircraft Maintenance (W.D. Tex.)
Counsel to the Debtor, Genometrix, Inc (S.D. Tex.)
Numerous out-of-court restructurings of companies in seismic, retail, and manufacturing industries
Numerous representations of special servicers of defaulted loans in many different jurisdictions in Texas and Louisiana
Significant experience prosecuting and defending various adversary proceedings/contested matters- including preference actions, fraudulent transfer actions, lift stay actions, and claim objections
Significant experience representing post-confirmation Trustees

Significant Litigation Representations:
Lead Counsel to Eland Energy, Inc. in indemnification litigation in State Court in Louisiana
Lead Counsel to Vincent P. Young in breach of contract and fraud litigation against former advisors
Lead Counsel to Trieagle Energy in numerous breach of contract litigation and collection actions
Lead Counsel to ABM Security Services in breach of contract litigation in Texas State Court
Lead Counsel to Star Tex Energy in breach of contract litigation and collection actions
Lead Counsel to Eland Energy Inc. and Sundown Energy LP in breach of contract and product liability litigation in Texas State Court
Lead Counsel to Post-Confirmation Trustee for the Hallwood Energy III Creditors’ Trust in Federal Court
Co-Counsel to Chipmos Technologies in litigation in Federal Court
Lead Counsel to Taiwanese company in breach of contract and collection litigation in Federal Court
Counsel to Harbor America in contract termination litigation in Texas State Court and Federal Court
Lead Counsel to Eland Energy, Inc. in arbitration proceedings before the American Arbitration Association and confirmation of arbitration award in Federal Court

Presentations & Seminars:
Top Ten Tips for When you are a Creditor in a Business Bankruptcy Case, IEEE Houston Consultants Network, January 2017 (Author & Presenter)
Bankruptcy Issues in the Oil Patch, Houston Bar Association, May 2017 (Author & Presenter)
Continuing Collection Efforts after Bankruptcy is Filed, University of Houston, Collecting Debts and Judgments Seminar, May 2000 (Co-Author)
Overview of New Bankruptcy Laws, Restructuring Strategies and Current Trends, Mortgage Bankers Association of America Portfolio Servicing Advisory Group, September 2005 (Author & Presenter)
Top Ten Tips: Protecting Yourself After a Customer/Supplier Files for Bankruptcy, Author, Akin Gump In-House Counsel Series, April 2007 (Author & Presenter)
Lender Liability, Equitable Subordination & Re-characterization: How Junior Creditors Can Leapfrog a First Lien Position in Bankruptcy, Powell GoldsteinBreakfast Briefing, February 2008 (Author & Presenter)
Top Ten Tips: Protecting Yourself after a Customer Files Bankruptcy, Powell Goldstein In-house Counsel Series, January 2008 (Author & Presenter)
Top Ten Tips--Protecting/Advising Your Creditor Clients in a Business Bankruptcy Case, Houston Bar Association, April 2009 (Author & Presenter)
Bankruptcy Impact on Joint Operations and the Joint Operating Agreement, North American Petroleum Accounting Conference, May 2009 (Author & Co-Presenter)
The Bankruptcy Underbelly -- Little Known Facts/Tricks No One Tells Creditors About Business Bankruptcy Cases, National Association of Credit Managers, June 2009 (Author & Co-Presenter)
From the Pitch to the Hit -- Hot Topics in Pitching and Representing Creditors' Committees, May 2011 (Co-Author & Co-Presenter)
Top Ten Tips for When you are a Creditor in a Business Bankruptcy Case, IEEE Houston Consultants Network, January 2017 (Author & Presenter)
Bankruptcy Issues in the Oil Patch, Houston Bar Association, May 2017 (Author & Presenter)

Articles and Publications:
Priority and Dischargeability of Tax Claims, Collier on Bankruptcy Taxation, 2002-2010 (Contributing Author)
Taxes, Collier on Bankruptcy, 2002-2006 (Assistant to Contributing Author)
Road Map for the New Bankruptcy Landscape, Bankruptcy Law360, January 2008 (Author)

Education: 

Plymouth State College
B.S., summa cum laude, 1995
Tulane University, School of Law,
J.D. 1998

Prior Experience: 

Chamberlain Hrdlicka (2013-2015)
Okin Adams & Kilmer (2008-2013)
Powell Goldstein LLP (2007–2008)
Akin Gump Strauss Hauer & Feld (2001–2007)
Sheinfeld Maley & Kay (1999-2001)
Judicial Law Clerk to the Hon. Marcel Livaudais, Jr (1998–1999)

Bar & Court Admissions: 

State of Texas, Admitted 1999
State of Louisiana, Admitted 1999
All U.S. Districts of the Federal Courts in Texas
All U.S. Districts of the Federal Courts in Louisiana
United States Court of Appeals for the Fifth Circuit and Third Circuits

Awards: 

Chambers USA (2012-2014)(Bankruptcy)
Texas Superlawyers (2012-2017)(Bankruptcy)
Tulane Volunteer of the Year (2008)
Texas Rising Star (2004 - 2006)(Bankruptcy)
National Order of Barristers

Memberships: 

Dallas Bar Association, Bankruptcy Section
Houston Bar Association, Bankruptcy Section