Brian A. Kilmer is a highly regarded attorney with over 25 years of experience specializing in complex business bankruptcy and restructuring matters spanning multiple jurisdictions. Brian provides strategic counsel to debtors, creditors’ committees, secured and unsecured creditors, and trustees in Chapter 11 and Chapter 7 proceedings. He is board certified in Business Bankruptcy Law by the American Board of Certification.
Brian also serves as an American Arbitration Association Panel Member and is a certified mediator.
Brian also prosecutes and defends adversary proceedings and contested matters, including preference actions, fraudulent transfer actions, lift stay actions and claim objections. When cases get contentious, his experience as a mediator enables him to quickly grasp each parties’ priorities to find a way forward. Brian also regularly represents special servicers in single asset cases, acquirers of distressed assets, and debtors and creditors in out-of-court workouts and has extensive experience with general business litigation matters in both federal and state court.
Before beginning his law practice, Brian was a judicial law clerk to the Honorable Marcel Livaudais, Jr. (Federal District Court Judge for the Eastern District of Louisiana) and a judicial extern to the Honorable Louis Moore Jr. (U.S. Magistrate for the Eastern District of Louisiana).
Practice Areas
- Bankruptcy & Restructuring: Focuses on Chapter 11 debtors, creditors’ committees, and out-of-court workouts.
- Mediation & Arbitration: Certified mediator for federal districts in TX, DE, LA, and NY; American Arbitration Association – International Center for Dispute Resolution Panelist.
- Distressed Assets & Litigation: Experience in managing defaulted loans and related litigation and regularly assists in both the sale and purchase of distressed assets.
Awards & Achievements
- Best Lawyers in America:Bankruptcy and Creditor/Debtor Rights/Insolvency and Reorganization Law (2024-2026)
- Texas Super Lawyers: Named to the list for Bankruptcy (2012–2026)
- AV Preeminent Rating (Judicial Edition): Peer rated for the highest level of professional excellence (2018–2026)
- Houstonia Top Lawyer: Recognized in the local legal community (2019–2023)
- Chambers USA: Recognized for Bankruptcy/Restructuring (2012–2014)
- Texas Bar College: Member of the honorary society of qualified legal professionals
- Tulane University: Volunteer of the Year (2008)
- Other Awards: National Order of Barristers, Chief Justice Award, Paul Garofalo Award
Speaking Engagements
- Current “Hot Button” Issues in Mediation and Settlement Conferences, ABI Webinar, August 2025 (Co-Presenter)
- Third Party Releases—Did the Supreme Court get it right or not? Lawline, 2024 (Co-Presenter)
- Top Ten Tips for Improving a Creditor’s Recovery: Tulane Law School CLE Program (2023) (Author and Presenter)
- Mediating Bankruptcy and Related Adversary Proceedings: Multiple Moving Parts for the Unwary Mediator (2019)
- Bankruptcy Issues in the Oil Patch: Houston Bar Association (2017)
- Top Ten Tips for Creditors in Business Bankruptcy: IEEE Houston Consultants Network (2017)
- Hot Topics in Pitching and Representing Creditors’ Committees: (2011)
- The Bankruptcy Underbelly: Little Known Facts for Creditors, National Association of Credit Managers (2009)
- Bankruptcy Impact on Joint Operations: North American Petroleum Accounting Conference (2009)
- Top Ten Tips—Protecting/Advising Your Creditor Clients in a Business Bankruptcy Case, Houston Bar Association (2009) (Author and Presenter)
- Lender Liability & Equitable Subordination: How Junior Creditors Can Leapfrog Position (2008)
- Protecting Yourself after a Customer Files Bankruptcy: Powell Goldstein Series (2008)
- Overview of New Bankruptcy Laws & Trends: Mortgage Bankers Association of America (2005)
- Continuing Collection Efforts after Bankruptcy: University of Houston (2000)
Education
- Tulane Law School, J.D., 1998
- Plymouth State College, B.S., 1995
Admissions
State Bars
- Texas
- Louisiana
Court Admissions
- Court of Appeals for the Fifth Circuit
- District Courts: Southern, Northern, Eastern, and Western Districts of Texas
- District Courts: Eastern, Middle, and Western Districts of Louisiana
Representative Experience
- Lead Counsel for out-of-court restructuring of retail company located in Dallas
- Lead Counsel to Debtors, Eco-Stim Energy Solutions (S.D.TX)
- Lead Counsel to Debtors, Juniper Specialty Products (S.D.TX)
- Lead Counsel to member of the creditors committee in Diamond Offshore (S.D.Tex)
- Lead Counsel to Debtors, Vision Resources, et al (S.D.TX)
- Ordinary Course Counsel to Debtors, Fieldwood Energy, et al (S.D.TX)
- Lead Counsel for out-of-court restructuring of oilfield service company located in Houston
- Lead Counsel to member of Creditors Committee, Sanchez Energy (S.D.Tex)
- Lead Counsel for Out-of-Court restructuring of oil and gas company based in Houston
- Lead Counsel to the Debtor, Coastal Staffing Solutions, Inc. (W.D.La.)
- Lead Counsel to Crane Solutions and Crane Worldwide, Defendant in Preference/Fraudulent Transfer Action (S.D.N.Y.)
- Lead Counsel for Individual Chapter 11 Debtor that was a minority owner in Houston Professional Franchise (S.D.Tex.)
- Lead Counsel to primary secured lender in Midway Oilfield Constructors, Inc. (S.D.Tex.)
- Lead Counsel for successful out-of-court restructuring of Houston hospital
- Lead Counsel to Member of Creditor’s Committee, Quality Oil Tools (S.D.Tex.)
- Lead Counsel for landlord in Neighbors Legacy Holdings, Inc. (S.D.Tex.)
- Lead Counsel for landlord in I-Heart bankruptcy proceedings (S.D.Tex.)
- Lead Counsel to Member of Creditor’s Committee, EMAS CHIYODA (S.D.Tex.)
- Lead Counsel to Member of Creditor’s Committee, Castex Energy (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 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 in Chapter 11 filing of Vincent P. Young, Jr. (S.D. Tex.) (Former NFL Player)
- Counsel to significant 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.)
- Counsel to Member of Creditor’s Committee, Vanderra Resources (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.)
- Lead Counsel to Official Committee of Unsecured Creditors, Hallwood Energy LP (N.D.Tex.)
- Lead Counsel to Official Committee of Unsecured Creditors, Turnkey LLC (S.D. Tex.)
- Counsel to Official Committee of Unsecured Creditors, BNP Petroleum (S.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 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
