Zachary McKay
Partner, Houston
Experience
- Energy Workouts & Reorganizations
- Unsecured and Ad Hoc Creditor Committee Representation
- Upstream Oil & Gas
Biography
Zachary McKay is a Board Certified business bankruptcy attorney in Houston. He represents debtors, creditors, official committees, lenders, and post-confirmation fiduciaries in Chapter 11 cases and restructurings across the country. His work covers the life of a case, from first-day matters, contested DIP financing, and § 363 sales through plan confirmation, claims reconciliation, and appeals.
Zach is known for untangling lien validity, priority, and value disputes, with particular depth in statutory mechanic’s and materialmen’s (M&M) liens and oil and gas mineral liens. He has handled contested lien litigation under the laws of Texas, Oklahoma, Louisiana, Wyoming, West Virginia, Georgia, and other states. He has represented hundreds of secured and unsecured creditors, ranging from small family-owned businesses to some of the largest public companies in the world. Many of these clients are in the oil and gas industry, and his recent work also includes renewable energy, battery recycling, chemical manufacturing, healthcare services, retail, restaurant franchising, and digital asset industry cases.
His litigation practice includes:
- extent, validity, priority, and value of liens
- preference and fraudulent transfer defense
- automatic stay violations
- claim objections and claim defense
- construction and oilfield contract disputes
- involuntary bankruptcy petitions
- nondischargeability actions
- appeals in the U.S. District Courts and the U.S. Court of Appeals for the Fifth Circuit
Before joining Jackson Walker, Zach managed the bankruptcy practice group of a Texas-based law firm focused mainly on energy, oil and gas, and real estate law.
Education
- J.D., South Texas College of Law Houston
- South Texas Law Review, Editorial Board, Note and Comment Editor
- Advocacy Program, Moot Court and Mock Trial Competitions, including the Jessup International Moot Court Competition
- B.B.A., Texas A&M University
Bar Admissions
Texas
Court Admissions
U.S. Court of Appeals for the Fifth Circuit
U.S. District and Bankruptcy Courts for the Eastern, Northern, Southern, and Western Districts of Texas
Professional Certifications
Board Certified in Business Bankruptcy
Lien and Secured Creditor Representation
- Represented one of the largest secured creditors of a lithium battery recycling debtor. Prepared extensive contested briefing on complex Georgia mechanic’s and materialmen’s lien law issues, allowing the client to receive a substantial recovery.
- Represented a group of 19 Texas statutory oil and gas lienholders holding hundreds of mineral liens totaling over $30.4 million. Was appointed to the steering committee to negotiate for the lienholder class. Over 12 months, reached a global settlement with hundreds of lienholders and other parties that produced a substantial recovery for clients, along with substantial contribution fees awarded by agreement.
- Represented a group of 15 Oklahoma statutory oil and gas lienholders owed over $12 million in an adversary proceeding over the extent, validity, and priority of nearly 2,000 M&M liens asserted by 78 claimants against the debtor’s mineral interests. After trial, the bankruptcy court ruled for the clients on certain issues. It certified the remaining issues to the Supreme Court of Oklahoma because of their potential impact on the state’s oil and gas industry. The Oklahoma Supreme Court then ruled for the clients, leading to a substantial recovery.
- Represented a Fortune 200 oilfield services company owed over $1.5 million in a complex Wyoming statutory lien dispute. Obtained a substantial recovery after contested summary judgment proceedings and settlement.
- Represented a lienholder in a gas compression plant construction dispute that was removed to bankruptcy court after a Chapter 11 filing. Successfully argued for statutory and contractual retainage and achieved a substantial recovery.
- Represented various trade creditors in many large Chapter 11 cases in the Southern District of Texas, including cases in the renewable energy, solar, additive manufacturing, healthcare services, heavy equipment, restaurant franchising, luxury retail, and battery recycling industries.
Official Committee and Fiduciary Representation
- Lead counsel to the official committee of unsecured creditors in a group of related Chapter 11 cases for oilfield service companies. Currently represents the liquidating trustee in post-confirmation efforts.
- Lead counsel to the official committee of unsecured creditors in the restructuring of a chemical manufacturing plant.
- Represented creditor members of official committees of unsecured creditors in numerous Chapter 11 cases. These include cases involving a European battery manufacturer ($5.8 billion in total debt), a healthcare services company ($1.4 billion), a restaurant franchisor ($1.3 billion), and a lithium battery recycler ($143.5 million). At his prior firm, he represented committee members in dozens of other cases.
- Represented an official committee of unsecured creditors as Special Oil & Gas Counsel and personally led all work in that role.
- Directed post-confirmation work for a Plan Administrator of an automotive industry wind-down debtor. This involved reconciling, objecting to, litigating, and resolving more than 100 administrative and secured claims totaling over $500 million.
- Lead counsel to post-confirmation liquidating trust in oilfield service company chapter 11.
Debtor and Lender Representation
- Has represented numerous other Chapter 11 debtors, handling matters across the full life of a case, including first-day relief, cash collateral and DIP financing, asset sales, claims objections, and plan confirmation.
- Obtained a non-consensual priming DIP loan for a Chapter 11 debtor client after a multi-day contested hearing.
- Confirmed the debtor’s Chapter 11 plan of reorganization over objection at a contested confirmation hearing.
- Represented the lender in the secured financing of a § 363 purchase of substantially all of an oil and gas debtor’s assets.
- Represented an insurance industry foreign debtor and its foreign representative in Chapter 15 recognition proceedings.
Appellate Practice
- Led the briefing and oral argument preparation in a Fifth Circuit appeal on applying the Taggart v. Lorenzen, 587 U.S. 554 (2019), “fair ground of doubt” standard to whether a creditor may be held in contempt for violating a discharge order. The Fifth Circuit affirmed in the client’s favor.
- Won a bankruptcy appeal in the U.S. District Court for a creditor owed $4.5 million. The appeal challenged the bankruptcy court’s authority to make final determinations on the client’s direct claims against a non-debtor insurer and on a $20 million insurance policy interpretation issue. The District Court ruled for the client after briefing.
Avoidance Action Defense and Contested Litigation
- Has successfully represented dozens of 11 U.S.C. § 547 preferential transfer defense cases, including going all the way to trial.
- Defended large preference defendants in novel cases arising from withdrawals of Bitcoin and other digital currencies from trading platforms shortly before the platforms filed for bankruptcy. These cases raised unique questions about preference elements and defenses, including whether digital currencies were property of the estate.
- Defended an oil and gas client in a $2 million preference suit. After two years of discovery, three retained experts, and court-ordered mediation in Delaware, settled the exposure favorably shortly before trial using aggressive ordinary course of business defenses.
- Defended an oil and gas client against a debtor’s claim that more than $1.6 million was owed to the estate under an oral “handshake” service contract and related text messages. Filed a Daubert motion and examined the debtor’s lead expert on voir dire at trial. The court found the expert’s testimony irrelevant and ruled in the client’s favor.
Involuntary and Nondischargeability Proceedings
- Represented five petitioning oil and gas creditors owed over $500,000 in an involuntary Chapter 7 filing. The debtor’s schedules later revealed more than $2 million in assets.
- Represented the sole petitioning creditor in an individual involuntary Chapter 7 filing. Stopped insurance proceeds from being incorrectly paid to a third party, and the renegotiated proceeds resulted in a substantial recovery for the client.
- Represents, pro bono, a survivor of worksite abuse through SMU Dedman School of Law’s Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women, seeking a § 523 exception to discharge in the former employer’s bankruptcy.
- Texas Rising Star – Bankruptcy, Super Lawyers by Thomson Reuters, 2020-2026
- Named to “Up-and-Coming 100: Texas Rising Stars” list, Super Lawyers by Thomson Reuters, 2024
Zach speaks and writes often on Chapter 11 practice, preference defense, lien enforcement, and oil and gas issues in bankruptcy.
- Author, “The Critical Vendor Bargain: Evaluating Tradeoffs in Trade Agreements,” American Bankruptcy Institute, Unsecured Creditor Section (Q4 2026)
- Author, “Section 365 Rejection of Trademark Licenses in Bankruptcy,” South Texas Law Review, Vol. 54, No. 4
- Panelist, “Third-Party Releases,” Financial Poise & The National Law Review (October 2026)
- Speaker, “Construction Law in Bankruptcy,” ABI Southwest Bankruptcy Conference (September 2026)
- Panelist, “Retention Issues,” Financial Poise & The National Law Review (September 2026)
- Panelist, “§ 363 Motions,” Financial Poise & The National Law Review (August 2026)
- Presenter, “First Day Hearings,” Financial Poise & The National Law Review (March 2026)
- Presenter, “DIP Financing,” Financial Poise & The National Law Review (March 2026)
- Presenter, “Lift Stay Motions,” Financial Poise & The National Law Review (February 2026)
- Presenter, “Chapter 11 Plans,” Financial Poise & The National Law Review (January 2026)
- Lecturer on bankruptcy law topics, Oil & Gas Society, South Texas College of Law Houston (2025)
- Panelist, “Oil & Gas Issues in Bankruptcy,” Financial Poise (October 2023)
- Instructor, “Bankruptcy 101” CLE, Aggie Bar Association (2022)
- Presenter, § 547(c) preference defenses, Houston oil and gas credit managers symposium (2019)
- Past guest lecturer to bankruptcy and secured transactions students at the University of Houston Law Center, South Texas College of Law Houston, and Thurgood Marshall School of Law
- Arthur L. Moller–David B. Foltz, Jr. Bankruptcy Inn of Court, Various Executive Board Positions, 2014–2023
- Houston Association of Young Bankruptcy Lawyers, Various Board Positions, 2016–2019; President, 2020–2022
- American Bankruptcy Institute, Member
- Turnaround Management Association, Member
- State Bar of Texas – Bankruptcy Section, Member
- Houston Bar Association – Bankruptcy Section, Member
Jackson Walker Congratulates 2025 Texas Super Lawyers and Rising Stars
Jackson Walker is pleased to announce the recognition of 75 attorneys by Thomson Reuters’ Super Lawyers in the 2025 “Texas Super Lawyers” list, as well as 66 attorneys as “Texas Rising Stars” for 2025. Each year, less than 5% of attorneys are selected to Super Lawyers and 2.5% to Rising Stars. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
Attorney News • September 18, 2025
Five Jackson Walker Attorneys Named to Texas Rising Stars “Up-and-Coming 100” List
The “Up-and-Coming 100” list recognizes outstanding attorneys who have attained a high degree of peer recognition and professional achievement, and selection is based on who received the highest point totals during the patented multiphase process used to identify the “Texas Rising Stars” of 2024.
Attorney News • March 21, 2024
<i>The American Lawyer</i>: Jackson Walker is Nation’s Top Local Counsel in Large Bankruptcies, as Bankruptcy and Restructuring Filings Rebound
The American Lawyer cited new research which named Jackson Walker’s Bankruptcy, Restructuring, & Recovery group as the top local debtor’s counsel in the nation so far this year.
Mentions • August 4, 2023
Zachary McKay Joins Jackson Walker’s Bankruptcy, Restructuring, & Recovery Practice in Houston
Zachary McKay focuses on helping debtors and creditors across all industries in the Chapter 11 bankruptcy process. He has extensive experience in untangling lien validity, priority, and value issues with a specific focus on statutory M&M and mineral liens.
“Jackson Walker’s bankruptcy and restructuring team is known for delivering stellar results in high-profile cases. I am confident that my clients will enjoy the value provided by Jackson Walker, and I am excited to be a part of the team.”
Attorney News • June 21, 2023
Practice Experience
Lien and Secured Creditor Representation
- Represented one of the largest secured creditors of a lithium battery recycling debtor. Prepared extensive contested briefing on complex Georgia mechanic’s and materialmen’s lien law issues, allowing the client to receive a substantial recovery.
- Represented a group of 19 Texas statutory oil and gas lienholders holding hundreds of mineral liens totaling over $30.4 million. Was appointed to the steering committee to negotiate for the lienholder class. Over 12 months, reached a global settlement with hundreds of lienholders and other parties that produced a substantial recovery for clients, along with substantial contribution fees awarded by agreement.
- Represented a group of 15 Oklahoma statutory oil and gas lienholders owed over $12 million in an adversary proceeding over the extent, validity, and priority of nearly 2,000 M&M liens asserted by 78 claimants against the debtor’s mineral interests. After trial, the bankruptcy court ruled for the clients on certain issues. It certified the remaining issues to the Supreme Court of Oklahoma because of their potential impact on the state’s oil and gas industry. The Oklahoma Supreme Court then ruled for the clients, leading to a substantial recovery.
- Represented a Fortune 200 oilfield services company owed over $1.5 million in a complex Wyoming statutory lien dispute. Obtained a substantial recovery after contested summary judgment proceedings and settlement.
- Represented a lienholder in a gas compression plant construction dispute that was removed to bankruptcy court after a Chapter 11 filing. Successfully argued for statutory and contractual retainage and achieved a substantial recovery.
- Represented various trade creditors in many large Chapter 11 cases in the Southern District of Texas, including cases in the renewable energy, solar, additive manufacturing, healthcare services, heavy equipment, restaurant franchising, luxury retail, and battery recycling industries.
Official Committee and Fiduciary Representation
- Lead counsel to the official committee of unsecured creditors in a group of related Chapter 11 cases for oilfield service companies. Currently represents the liquidating trustee in post-confirmation efforts.
- Lead counsel to the official committee of unsecured creditors in the restructuring of a chemical manufacturing plant.
- Represented creditor members of official committees of unsecured creditors in numerous Chapter 11 cases. These include cases involving a European battery manufacturer ($5.8 billion in total debt), a healthcare services company ($1.4 billion), a restaurant franchisor ($1.3 billion), and a lithium battery recycler ($143.5 million). At his prior firm, he represented committee members in dozens of other cases.
- Represented an official committee of unsecured creditors as Special Oil & Gas Counsel and personally led all work in that role.
- Directed post-confirmation work for a Plan Administrator of an automotive industry wind-down debtor. This involved reconciling, objecting to, litigating, and resolving more than 100 administrative and secured claims totaling over $500 million.
- Lead counsel to post-confirmation liquidating trust in oilfield service company chapter 11.
Debtor and Lender Representation
- Has represented numerous other Chapter 11 debtors, handling matters across the full life of a case, including first-day relief, cash collateral and DIP financing, asset sales, claims objections, and plan confirmation.
- Obtained a non-consensual priming DIP loan for a Chapter 11 debtor client after a multi-day contested hearing.
- Confirmed the debtor’s Chapter 11 plan of reorganization over objection at a contested confirmation hearing.
- Represented the lender in the secured financing of a § 363 purchase of substantially all of an oil and gas debtor’s assets.
- Represented an insurance industry foreign debtor and its foreign representative in Chapter 15 recognition proceedings.
Appellate Practice
- Led the briefing and oral argument preparation in a Fifth Circuit appeal on applying the Taggart v. Lorenzen, 587 U.S. 554 (2019), “fair ground of doubt” standard to whether a creditor may be held in contempt for violating a discharge order. The Fifth Circuit affirmed in the client’s favor.
- Won a bankruptcy appeal in the U.S. District Court for a creditor owed $4.5 million. The appeal challenged the bankruptcy court’s authority to make final determinations on the client’s direct claims against a non-debtor insurer and on a $20 million insurance policy interpretation issue. The District Court ruled for the client after briefing.
Avoidance Action Defense and Contested Litigation
- Has successfully represented dozens of 11 U.S.C. § 547 preferential transfer defense cases, including going all the way to trial.
- Defended large preference defendants in novel cases arising from withdrawals of Bitcoin and other digital currencies from trading platforms shortly before the platforms filed for bankruptcy. These cases raised unique questions about preference elements and defenses, including whether digital currencies were property of the estate.
- Defended an oil and gas client in a $2 million preference suit. After two years of discovery, three retained experts, and court-ordered mediation in Delaware, settled the exposure favorably shortly before trial using aggressive ordinary course of business defenses.
- Defended an oil and gas client against a debtor’s claim that more than $1.6 million was owed to the estate under an oral “handshake” service contract and related text messages. Filed a Daubert motion and examined the debtor’s lead expert on voir dire at trial. The court found the expert’s testimony irrelevant and ruled in the client’s favor.
Involuntary and Nondischargeability Proceedings
- Represented five petitioning oil and gas creditors owed over $500,000 in an involuntary Chapter 7 filing. The debtor’s schedules later revealed more than $2 million in assets.
- Represented the sole petitioning creditor in an individual involuntary Chapter 7 filing. Stopped insurance proceeds from being incorrectly paid to a third party, and the renegotiated proceeds resulted in a substantial recovery for the client.
- Represents, pro bono, a survivor of worksite abuse through SMU Dedman School of Law’s Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women, seeking a § 523 exception to discharge in the former employer’s bankruptcy.
Recognition & Accolades
- Texas Rising Star – Bankruptcy, Super Lawyers by Thomson Reuters, 2020-2026
- Named to “Up-and-Coming 100: Texas Rising Stars” list, Super Lawyers by Thomson Reuters, 2024
Publications & Speeches
Zach speaks and writes often on Chapter 11 practice, preference defense, lien enforcement, and oil and gas issues in bankruptcy.
- Author, “The Critical Vendor Bargain: Evaluating Tradeoffs in Trade Agreements,” American Bankruptcy Institute, Unsecured Creditor Section (Q4 2026)
- Author, “Section 365 Rejection of Trademark Licenses in Bankruptcy,” South Texas Law Review, Vol. 54, No. 4
- Panelist, “Third-Party Releases,” Financial Poise & The National Law Review (October 2026)
- Speaker, “Construction Law in Bankruptcy,” ABI Southwest Bankruptcy Conference (September 2026)
- Panelist, “Retention Issues,” Financial Poise & The National Law Review (September 2026)
- Panelist, “§ 363 Motions,” Financial Poise & The National Law Review (August 2026)
- Presenter, “First Day Hearings,” Financial Poise & The National Law Review (March 2026)
- Presenter, “DIP Financing,” Financial Poise & The National Law Review (March 2026)
- Presenter, “Lift Stay Motions,” Financial Poise & The National Law Review (February 2026)
- Presenter, “Chapter 11 Plans,” Financial Poise & The National Law Review (January 2026)
- Lecturer on bankruptcy law topics, Oil & Gas Society, South Texas College of Law Houston (2025)
- Panelist, “Oil & Gas Issues in Bankruptcy,” Financial Poise (October 2023)
- Instructor, “Bankruptcy 101” CLE, Aggie Bar Association (2022)
- Presenter, § 547(c) preference defenses, Houston oil and gas credit managers symposium (2019)
- Past guest lecturer to bankruptcy and secured transactions students at the University of Houston Law Center, South Texas College of Law Houston, and Thurgood Marshall School of Law
Community Involvement
- Arthur L. Moller–David B. Foltz, Jr. Bankruptcy Inn of Court, Various Executive Board Positions, 2014–2023
- Houston Association of Young Bankruptcy Lawyers, Various Board Positions, 2016–2019; President, 2020–2022
- American Bankruptcy Institute, Member
- Turnaround Management Association, Member
- State Bar of Texas – Bankruptcy Section, Member
- Houston Bar Association – Bankruptcy Section, Member