Discharge Bankruptcy Attorney

Thomas H. Curran Associates’s attorneys are among the most experienced bankruptcy and litigation attorneys prosecuting and defending objections to bankruptcy debtors’ discharge.  The Firm’s lawyers are deeply knowledgeable about the latest developments in the complex law affecting a debtor’s right to discharge.  Their trial and appellate decisions have been published in numerous Bankruptcy, District and Circuit courts.

While the Bankruptcy Code provides honest debtors with a post-petition “fresh start” under Chapter 7, a debtor must comply with the Bankruptcy Code’s disclosure, turnover and record keeping provisions that enable the trustee and creditors to fully understand a debtor’s pre-petition business and financial affairs.  In essence, the Code treats the bankruptcy discharge as a privilege, not a right.  Should a debtor fail to fulfill the Code’s disclosure and other obligations, she may lose her discharge and the “fresh start” available through Bankruptcy Code s. 727. In that case, a debtor loses the benefit of shedding her pre-petition debts.

Representing Creditors and Trustees.  Thomas H. Curran Associates’s attorneys, on behalf of the Firm’s creditor or trustee clients, have challenged debtors’ right to a bankruptcy discharge under s. 727 on the basis of the debtors’: (i) false oaths; (ii) fraudulent concealment and/or transfer of assets; (iii) failure to keep records; (iv) failure to explain loss of assets and other enumerated bases for challenging a debtor’s discharge.  Relying on their extensive bankruptcy, litigation and investigatory experience, particularly their experience in prosecuting trustee avoidance and recovery actions, the Firm’s lawyers almost always take the lead amongst the trustee and the entire creditor body in ensuring that debtors fulfill their obligations under the letter and spirit of the Bankruptcy Code. Often working alongside the trustee, the Firm’s lawyers have been engaged to prosecute discharge litigation in various bankruptcy courts located in New York, Florida, Nevada, Connecticut, Louisiana, California, Massachusetts, New Hampshire, New Jersey and Rhode Island. 

Representing Debtors.  Likewise, Thomas H. Curran Associates’s decades of bankruptcy, litigation and trial experience, deep bankruptcy expertise, and, perhaps most importantly, the Firm’s aggressive and zealous advocacy, provides its debtor clients with unequaled capabilities for defending discharge objection cases brought by trustees and creditors.  Debtors can feel confident that Thomas H. Curran Associates will mount the most capable and zealous defenses available under the applicable law and facts of the debtor’s case.

The experienced bankruptcy attorneys at Thomas H. Curran Associates have decades of experience winning and resolving discharge actions and stand ready to advise creditors, trustees and debtors through the complex and high stakes discharge litigation process.