gradient
gradient

Brian Walsh represents debtors, secured lenders and other interested parties in Chapter 11 bankruptcy cases, receiverships, workouts and distressed transactions. He regularly advises borrowers, lenders and corporate officers and directors about their alternatives and duties in situations involving insolvency or financial distress. He is a Fellow of the American College of Bankruptcy.

Mr. Walsh also is an experienced appellate advocate. He acts regularly as lead counsel in appeals throughout the United States, many of which involve debtor-creditor issues. He also teaches as an adjunct professor in the Appellate Clinic at Washington University Law School, and he serves as the President of the Eighth Circuit Bar Association.

Mr. Walsh served as law clerk to the Hon. Pasco M. Bowman of the United States Court of Appeals for the Eighth Circuit. Before joining Bryan Cave, he was a partner in an Atlanta-based firm.

Civic Involvement & Honors

    • The Best Lawyers in America, 2010 - Present
    • Missouri & Kansas Super Lawyers, 2010 - Present
    • Editorial Board, Harvard Journal on Legislation, 1994-1996
    • Missouri & Kansas Super Lawyers, 2010 - Present
    • Editorial Board, Harvard Journal on Legislation, 1994-1996
    • Editorial Board, Harvard Journal on Legislation, 1994-1996
Read More

Professional Affiliations

    • Fellow, American College of Bankruptcy
    • Adjunct Professor, Washington University Law School Appellate Clinic
    • President, Association of the Bar of the United States Court of Appeals for the Eighth Circuit
    • American Bankruptcy Institute
    • American Bar Association
    • President, Association of the Bar of the United States Court of Appeals for the Eighth Circuit
    • American Bankruptcy Institute
    • American Bar Association
    • American Bar Association
Read More

Representative Experience

Restructuring

  • Represented one of the United States’ largest coal companies, and the secured lender to another prominent coal company, in Chapter 11 proceedings
  • Represented another major producer and marketer of coal in its Chapter 11 reorganization
  • Represented the leading producer of tablets designed for children in the sale of its assets under Section 363 of the Bankruptcy Code
  • Represented an operator of skilled-nursing facilities in multiple states in its Chapter 11 restructuring, which resulted in the sale of the debtors under a plan of reorganization
  • Represented a major regional grocery operator in its Chapter 11 restructuring, as general bankruptcy counsel and special counsel for real estate matters
  • Represented a secured lender in the receivership and involuntary bankruptcy of a textile manufacturer and related litigation
  • Represented a foreign government in its capacity as secured lender, unsecured lender, and shareholder of an aircraft manufacturer in its Chapter 11 case
  • Represented Judge Thomas Porteous in connection with bankruptcy issues raised in his impeachment trial in the United States Senate

Appellate

  • Represented secured lenders in a series of suits by borrowers who argued, unsuccessfully, that the lenders’ liens were void under Iowa’s statute of limitations. E.g., Bank of America, N.A. v. Schulte, 843 N.W.2d 876 (Iowa 2014)
  • Defeated an effort by a putative class of creditors to relitigate in bankruptcy court issues decided adversely to them in state court. Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.), 511 B.R. 563 (B.A.P. 8th Cir. 2014) 
  • Argued successfully for the affirmance of one of the largest Missouri verdicts of 2008, an award of $11.9 million for public nuisance against the operators of a gravel quarry. City of Greenwood v. Martin Marietta Materials, Inc., 299 S.W.3d 606 (Mo. Ct. App. W.D. 2009) 
  • Tried to a jury and defended on appeal a dispute involving the interpretation of a bankruptcy plan of reorganization and tort claims asserted by one creditor against another. JCB Inc. v. Union Planters Bank, N.A., 539 F.3d 862 (8th Cir. 2008)
  • Obtained a judgment establishing that a secured lender’s security interests were senior to statutory liens for wages claimed by a putative class of employees and defended the judgment in two levels of appeals. General Electric Capital Corp. v. Renew (In re Spartan International, Inc.), 122 F. App’x 604 (4th Cir. 2004)
  • Authored a brief for an amicus curiae, the reasoning of which was largely adopted by the en banc court of appeals, in a case involving the allowance of statutory attorneys’ fees to an oversecured creditor in a bankruptcy case. Welzel v. Advocate Realty Investments, LLC (In re Welzel), 275 F.3d 1308 (11th Cir. 2001) (en banc)

Publications

  • Contributing Author - 8th Circuit Appellate Practice Manual, 7th Ed. (2016)
  • "A Primer on the Finality of Decisions for Appeal," Litigation (Fall 2015)
  • Co-author - "'Single Asset Real Estate': A Concept in Need of Redefinition," American Bankruptcy Institute Journal, Jan. 2014
  • "Supreme Court Decision May Enhance Federal Jurisdiction Over Disputes Arising from Bankruptcy Sales," American Bankruptcy Institute Journal, July-August 2006
  • "Representing the Oversecured Creditor," American Bankruptcy Institute Journal, July-August 2002
  • Co-author – "Collateral Valuation after Associates Commercial Corporation v. Rash," 7 Journal of Bankruptcy Law and Practice 205, 1998

Speaking Engagements

  • "Watch 'Fish Tank' Live at the Paris Hotel," a panel on successor liability issues in bankruptcy sales, National Conference of Bankruptcy Judges, 2017
  • "Bankruptcy Appeals: Law and Procedure," Office of the United States Trustee Panel Trustee Conference, 2016
    "Professionalism," Missouri Bar Annual Bankruptcy Institute, 2014
  • "Executory Contracts and Unexpired Leases: Basics and Recent Developments," Missouri Bar Annual Bankruptcy Institute, 2013
  • "Dealing with Distress in Your Franchise System," Southeast Franchise Forum, 2011
  • "What's in a Name: The Impeachment of G. Thomas Porteous, Jr.," Bar Association of Metropolitan St. Louis Bankruptcy Conference, 2011
  • "New Developments With the In Pari Delicto Defense," Practising Law Institute: Auditor Liability in the Current Environment, 2010
  • "How Bankruptcy Affects Your Case," Simon Passanante Trial Practice Seminar, 2007
  • "Gotcha! Replacing Management for Fraud and Other Evil Deeds," American Bankruptcy Institute Winter Leadership Conference, 2007
  • "Recent Developments in Bankruptcy Law," State Bar of Georgia Bankruptcy Law Section, 2003
  • "Riding the Nextwave: The Federal Communications Commission as Regulator and Creditor Under the Bankruptcy Code," Law Seminars International: Negotiating Telecommunications Deals Seminar, 2002