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Overview

Thomas Eisweirth is an associate in McKool Smith’s Houston office. His practice focuses on financial services and bankruptcy related litigation matters. He represents and advises clients in a diverse array in high-stakes litigation matters involving complex commercial disputes, including breaches of contract and fiduciary duties, bankruptcy, fraudulent transfers, and other business torts.  Thomas has experience representing trusts, special servicers, and financial institutions in litigation arising from complex commercial real estate contracts and services agreements.

Prior to joining McKool Smith, he was a bankruptcy associate for an AM Law 100 firm.  Thomas also clerked for the Honorable Thomas J. Catliota in the United States Bankruptcy Court for the District of Maryland. During law school, Thomas was awarded the Faculty Award for community and economic development clinic and the Deans Award in bankruptcy law studies.

Prior to law school, he worked for two large financial institutions doing technology project management, electronic payments, and data analytics.

Thomas is an avid sports fan and amateur woodworker and once scaled all 110 floors of the Willis Tower in Chicago.  

Experience

Representative Matters

  • Served as bankruptcy associate in representation of litigation trustee in $400 million fraudulent transfer suit arising from a series of dividends recapitalizations that increased regional grocer’s debt by more than $500 million, and ultimately caused the company to file bankruptcy.
  • Represented large oil & gas producer in a number of royalty and breach of contract actions, including a class action with a potential class of exposure of over $100.
  • Successfully represented Chapter 11 debtor in obtaining court approval of $180 million debtor in possession financing, including $90 million in new money and $90 million in roll-up funds.
  • Represented CMBS trust and special servicer in successful foreclosure of Oheka Castle, and in obtaining appointment of a receiver, and dismissal of all counterclaims against the trust and special servicer including breach of contract, conversion, breach of fiduciary duties, and tortious interference.
  • Represented and advised small business startup in acquisition of the assets of the second largest school bus operator in Baltimore.

Affiliations

Community & Professional Activities

  • Turnaround Management Association

Education

J.D., University of California, Irvine School of Law, 2016

Master of Science, summa cum laude, Northwestern University, 2012

B.A., magna cum laude, Arizona State University, 2010

Clerkships

  • Hon. Thomas J. Catliota, U.S. Bankruptcy Court for the District of Maryland

Court Admissions

  • State of Maryland
  • State of New York
  • State of Texas
  • The U.S. District Court for the Southern District of New York
  • The U.S. District Court for the Southern District of Texas
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