Bankruptcy Litigation Lawyers
Thomas H. Curran Associates’s bankruptcy litigation lawyers have deep and broad experience prosecuting and defending bankruptcy litigation on behalf of trustees, debtors and creditors in bankruptcy and federal courts across the country. The Firm’s lawyers combine their bankruptcy, bankruptcy litigation and commercial litigation expertise and experience to provide clients with unparalleled bankruptcy litigation capabilities.
Bankruptcy adversary proceedings and contested matters include bankruptcy discharge and dischargeability proceedings, plan objections, avoidance and recovery actions, cross-border litigation, preference actions, involuntary bankruptcies, stay relief, section 363 sales and other proceedings. Bankruptcy litigation requires counsel that is not only knowledgeable about the intricacies of the Bankruptcy Code, but requires capable lawyers that are knowledgeable about the procedural and substantive provisions of bankruptcy, state and often times foreign law. Additionally, bankruptcy litigation raises issues of litigation procedure, admissibility of evidence, discovery and trial practice.
Thomas H. Curran Associates utilizes a number of tools available to trustees and bankruptcy litigators under the Bankruptcy Code, Federal Rules of Bankruptcy Procedure including Rule 2004 discovery, third party subpoenas and, most importantly, decades of collective experience aggressively matters in bankruptcy and federal courts across the country. The Firms’ attorneys have deep and broad experience and expertise conducting fulsome investigations of debtors on behalf of trustees and creditors, even when their pre-petition business and financial activities stretch beyond the jurisdiction in which they filed for bankruptcy protection. Likewise, the Firm often represents debtors in defending bankruptcy discharge, dischargeability, turnover and avoidance litigation brought by trustees and creditors. In connection with its bankruptcy litigation matters, Thomas H. Curran Associates has worked with some of the leading forensic, valuation, solvency and accounting firms around the globe. By way of example, the Firm’s attorneys have litigated bankruptcy matters in Florida, New York, Nevada, Utah, Connecticut, Massachusetts, Rhode Island and New Hampshire domestically, and beyond that, to the UK, Ireland, Italy, South Africa, Panama and Cyprus among other domestic and foreign jurisdictions. Where necessary, Thomas H. Curran Associates also oversees foreign local counsel specially retained by the bankruptcy trustee to aid its investigations and/or to serve as a trustee’s foreign representative under the provisions of the UNCITRAL Model Law on Cross-Border Insolvency or its local equivalents.
Bankruptcy litigations in which Thomas H. Curran Associates’s attorneys have participated have resulted in successful jury trials, asset discovery, commencement of trustee avoidance and recovery action, case dismissals, case conversion, denial of discharge, plan denial, and further investigation by the U.S. Trustee’s office. Trustees, debtors and creditors can rely on Thomas H. Curran Associates’s extensive experience to ensure that they are zealously and competently represented in any bankruptcy litigations matter they face.
Bankruptcy Practice Results
Recent successful cases handled by the attorneys from Thomas H. Curran Associates. Find more here »
Supreme Court Denies Final Appeal, Finalizing Judgement Obtained by THCA
On June 24, 2024, the Supreme Court of the United States declined the petition to review filed by Sean Dunne and his ex-wife Gayle...
Thomas H. Curran Associates Secures Appellate Victory as Massachusetts Supreme Judicial Court Denies Appellant’s Attempt to Shortcut Ordinary Appellate Review
Thomas H. Curran Associates recently obtained an appellate victory in the Massachusetts Supreme Judicial Court on May 26, 2023, in the...
Thomas H. Curran Associates win is Affirmed in Florida, U.S. District Court – Client Wins Attorneys Fees
Law: Federal Rule of Civil Procedure 37(a)(5) Case: Premier Capital, LLC v. Larry Bryan (AP) Underlying Bankruptcy Case: In re Larry Bryan...
The Second Circuit Affirms Bankruptcy Fraud Judgment Obtained by Thomas H. Curran Associates, Recognizing the Continuous Concealment Doctrine
Law: Continuous concealment doctrine, 11 USC § 727(a)(2)(A), In re Olivier, 819 F.2d 550 (5th Cir. 1987); In re Boyer, 328 F. App’x 711,...
Thomas H. Curran Associates prevails on barring discharge due to fraud by debtor
Thomas H. Curran Associates recently secured a victory on behalf of an institutional asset manager, where the Bankruptcy Court for the...
Thomas H. Curran Associates prevails on post-trial motions and obtains full security for $23 million dollar financial fraud judgment on behalf of chapter 7 bankruptcy trustee
On February 8, 2022, the United States District Court for the District of Connecticut (Meyer, J.) enter its Order denying defendant Gayle...
Supreme Court Denies Final Appeal, Finalizing Judgement Obtained by THCA
On June 24, 2024, the Supreme Court of the United States declined the petition to review filed by Sean Dunne and his ex-wife Gayle...
Thomas H. Curran Associates Secures Appellate Victory as Massachusetts Supreme Judicial Court Denies Appellant’s Attempt to Shortcut Ordinary Appellate Review
Thomas H. Curran Associates recently obtained an appellate victory in the Massachusetts Supreme Judicial Court on May 26, 2023, in the...
Thomas H. Curran Associates win is Affirmed in Florida, U.S. District Court – Client Wins Attorneys Fees
Law: Federal Rule of Civil Procedure 37(a)(5) Case: Premier Capital, LLC v. Larry Bryan (AP) Underlying Bankruptcy Case: In re Larry Bryan...
The Second Circuit Affirms Bankruptcy Fraud Judgment Obtained by Thomas H. Curran Associates, Recognizing the Continuous Concealment Doctrine
Law: Continuous concealment doctrine, 11 USC § 727(a)(2)(A), In re Olivier, 819 F.2d 550 (5th Cir. 1987); In re Boyer, 328 F. App’x 711,...
Supreme Court Denies Final Appeal, Finalizing Judgement Obtained by THCA
On June 24, 2024, the Supreme Court of the United States declined the petition to review filed by Sean Dunne and his ex-wife Gayle...
Thomas H. Curran Associates Secures Appellate Victory as Massachusetts Supreme Judicial Court Denies Appellant’s Attempt to Shortcut Ordinary Appellate Review
Thomas H. Curran Associates recently obtained an appellate victory in the Massachusetts Supreme Judicial Court on May 26, 2023, in the...
Thomas H. Curran Associates win is Affirmed in Florida, U.S. District Court – Client Wins Attorneys Fees
Law: Federal Rule of Civil Procedure 37(a)(5) Case: Premier Capital, LLC v. Larry Bryan (AP) Underlying Bankruptcy Case: In re Larry Bryan...
Bankruptcy Areas of Expertise
- Bankruptcy Litigation
- Bankruptcy Trustee Representation
- Avoidance & Recovery Actions
- Chapter 11 Trustees & Examiners
- Discharge Litigation
- Bankruptcy Fraud Investigations
- Cross Border Foreign Litigation
- 363 Bankruptcy Sales
- Bankruptcy Preference Actions
- Involuntary Bankruptcy
- Chapter 11/13 Plan Objections
Bankruptcy News
Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says
In the recent case Wylie v. Miller, 22-10952 (S.D. Mich. March 29, 2024) [1] , a bankruptcy court’s decision to deny a couple’s discharge...
Creditor’s Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
In In re McCrorey, 18-00696 (Bankr. D. Idaho Jan. 26, 2024) [1] , Chief Bankruptcy Judge Noah G. Hillen of Boise, Idaho, held that if a...
Electric Scooter Company Bird files for Bankruptcy | CNBC
Bird, the popular electric scooter rental company filed for Chapter 11 bankruptcy protection in Florida Federal Court last month. Bird's...
Nearly 20-year-old Dallas restaurant chain files for Ch. 7 bankruptcy | WFAA-TV
The Dallas-based company Buzzbrews Inc. filed for Chapter 7 bankruptcy protection lasat month in the U.S. Bankruptcy Court for the...
A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says
In Centennial Bank v. Kane (In re Kane), 22-16282 (9th Cir. Nov. 15, 2023), the debtor had refinanced four preexisting loans. [1] The...
Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says
In In re Envision Healthcare Corp., 23-90342 (Bankr. S.D. Tx. Sec. 12, 2023), Bankruptcy Judge Christopher M. Lopez held that Delaware law...
Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says
In the recent case Wylie v. Miller, 22-10952 (S.D. Mich. March 29, 2024) [1] , a bankruptcy court’s decision to deny a couple’s discharge...
Creditor’s Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
In In re McCrorey, 18-00696 (Bankr. D. Idaho Jan. 26, 2024) [1] , Chief Bankruptcy Judge Noah G. Hillen of Boise, Idaho, held that if a...
Electric Scooter Company Bird files for Bankruptcy | CNBC
Bird, the popular electric scooter rental company filed for Chapter 11 bankruptcy protection in Florida Federal Court last month. Bird's...
Nearly 20-year-old Dallas restaurant chain files for Ch. 7 bankruptcy | WFAA-TV
The Dallas-based company Buzzbrews Inc. filed for Chapter 7 bankruptcy protection lasat month in the U.S. Bankruptcy Court for the...
Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says
In the recent case Wylie v. Miller, 22-10952 (S.D. Mich. March 29, 2024) [1] , a bankruptcy court’s decision to deny a couple’s discharge...
Creditor’s Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
In In re McCrorey, 18-00696 (Bankr. D. Idaho Jan. 26, 2024) [1] , Chief Bankruptcy Judge Noah G. Hillen of Boise, Idaho, held that if a...
Electric Scooter Company Bird files for Bankruptcy | CNBC
Bird, the popular electric scooter rental company filed for Chapter 11 bankruptcy protection in Florida Federal Court last month. Bird's...
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