Overview of Practice

Brian Abramson joined Diamond McCarthy in February 2009. Brian's practice centers on all stages of the commercial chapter 11 and chapter 7 process, including related litigation and corporate transactions. Prior to joining the firm, Brian was an associate attorney at a premier Houston litigation boutique focusing on complex commercial litigation matters.

Brian is licensed to practice law in Texas, and is admitted to practice in the United States District Courts for the Southern, Northern, Eastern and Western Districts of Texas, and the United States Courts of Appeal for the Fifth Circuit.

Education

Brian received his J.D., with high honors, from the University of Texas School of Law in 2005. While at Texas, Brian was elected to the Chancellor's Society and the Order of the Coif, and served on the Texas Law Review. Brian also holds a B.B.A. in finance from the University of Texas at Austin, where he graduated with high honors in 2002.

Representative Experience

Bankruptcy and Out-of-Court Restructuring

• Debtor's counsel to a Houston-based wholesale seafood distribution company in an out-of-court sale and liquidation of the company's business and subsequent Chapter 7 filing.
  
  
• Counsel to the limited partner of a Houston-based assisted living facility in its out-of-court efforts to remove the existing general partner, gain control over operations at the facility, and restructure the existing debt facility with the secured lender.
  
  
• Debtors' counsel to the co-owners of three luxury apartment complexes in Austin and Round Rock in ongoing Chapter 11 proceedings currently pending in the Southern District of Texas Bankruptcy Court.
  
  
• Counsel to a technological networking and services company in various preference disputes.
  
  

Litigation

• Represented a railroad client involving an ongoing dispute over railroad's service obligations to consignee. Conducted extensive research and briefing regarding complex interstate transportation and Surface Transportation Board jurisdictional issues.
  
  
• Counsel for multiple defendants in a dispute involving claims for cost recovery and contribution under CERCLA. Conducted extensive pre-trial discovery and briefing regarding viability of environmental claims, which resulted in eventual dismissal of clams by plaintiff against all represented defendants.
  
  
• Counsel for multi-national supplier of resins and coating applications in litigation involving claims for cost recovery and breach of warranty arising from alleged environmental contamination and contractual representations.
  
  
• Counsel for an art gallery in the successful prosecution of claims for breach of contract and conversion to recover artwork supplied to Houston-based restaurant group.
  
  
• Represented homeowner in the prosecution of breach of contract, negligence, and DTPA claims arising from defendants' faulty construction and structural inspection of plaintiff's home.
  
  

Professional Associations and Memberships

• The State Bar of Texas
  
  
  • Bankruptcy Section Young Lawyers Committee Member
  
  
• Houston Bar Association
  
  
  • Special Olympics Committee Member
  
  
• American Bar Association
  
  
  • Business Bankruptcy Committee Member, Business Law Division
  • Business Transaction Subcommittee Member, Business Law Division
  • Partnership and Limited Liability Entities in Bankruptcy Subcommittee Member, Business Law Division
  
  
• American Bankruptcy Institute
  
  
  • Young Lawyers Committee Member
  
  
• Houston Young Lawyers Association
  
  
  • Houston Association of Young Bankruptcy Lawyers Member
  
  

Professional Honors

• Texas Rising Star (2009)
  
  

Publications and Speeches

• "Working Out of the Bankruptcy Mindset: Understanding the Advantages of Restructuring Out-of-Court in the Post-BAPCPA World," presented to Tatum CFO Partners on July 28, 2009; to LECG on August 26, 2009.
  
  
• Co-author "Revisiting the Propriety of Third-Party Releases of Nondebtors," Norton Journal of Bankruptcy Law and Practice, 18 J. Bankr. L. & Prac. 4 Art. 6, 18 BKRLP 4 ART. 6, August 2009.
  Click here to read article.
  
  
• Co-author, "Credit Bidding as Agent for the Bank Group: Dealing with the Issue of Unanimity," ABI Committee News, Volume 6 Number 5/September 2009.
  Click here to read article.
  
  
• Co-author, "Hurdles Trustees Face in Asserting Fraudulent Transfer claims against Brokers in Short Sales," ABI Journal February 2010
  Click here to read article.