Understanding and protecting ‘cash collateral’ in Chapter 11 Bankruptcy
The storied American retail giant JCPenney filed for Chapter 11 bankruptcy in May 2020 as the COVID-19 pandemic finally crippled an already-struggling company. Days after filing, JCPenney obtained approval from the United States Bankruptcy Court for the Southern...
Alternatives to bankruptcy for small businesses
The COVID-19 pandemic has wreaked havoc on small businesses across the United States. Public safety measures that have been instituted have resulted in closures, furloughs, layoffs, supply chain disruptions, and dwindling cash reserves for businesses of all sizes....
Force majeure clauses and the COVID-19 pandemic
A decision handed down on June 3, 2020, by the United States Bankruptcy Court for the Northern District of Illinois is one of the first to address the subject of force majeure in the context of the COVID-19 pandemic. The question presented was whether a Chapter 11...
Supreme Court to address whether creditors must turn over lawfully repossessed property upon the filing of bankruptcy petition
On December 18, 2019, the Supreme Court granted the city of Chicago’s petition to determine whether the “automatic stay” imposed by the Bankruptcy Code requires creditors to turn over property belonging to a debtor that they have repossessed as soon as the debtor...
Thomas H. Curran Associates participates in NBTA Annual Conference
Last week the National Association of Bankruptcy Trustees (NABT) hosted their Annual Conference in downtown Denver, CO. The four day conference began on Thursday, August 22nd, holding various educational sessions, congressional speaking panels and networking...Debtor’s decade old concealment bars discharge
Thomas H. Curran Associates’s managing partner Thomas H. Curran recently prevailed on a complaint to deny a debtor’s discharge under Section 727(a)(2) of the Bankruptcy Code.
Thomas H. Curran Associates wins $8.2 million court decision against individual not named in injunction
Thomas H. Curran Associates recently won a decision on all counts of a complaint for contempt after a three day bench trial in Suffolk County Superior Court.
Debtor can’t be bound by noncompete
Thomas H. Curran Associates represented the debtor in this precedential case.