Overview

Curtis is a partner in the Business Restructuring, Creditors' Rights & Bankruptcy practice group. He focuses his practice on commercial and creditors' rights, bankruptcy (primarily Chapter 11 reorganizations), workouts, preference action litigation, commercial litigation, Uniform Commercial Code controversies and other commercial law cases including secured transactions. He has significant experience representing indenture trustees and secured lenders in major bankruptcy and cross-border insolvency proceedings and workouts.

Experience
  • Representation of Wells Fargo Bank, N.A. as Administrative Agent, Wells Fargo Bank Northwest, N.A. as Collateral Agent and Secured Lenders in Evergreen International Airlines, Inc., et al. (Delaware)
  • Representation of KeyBank National Association as Administrative Agent and Senior Secured Lender in Schwab Industries, Inc., et al. (Ohio)
  • Representation of KeyBank National Association as Administrative Agent and Senior Secured Lender in South Franklin Circle (Ohio)
  • Representation of Bank of America, N.A. as Administrative Agent and Senior Secured Lenders in Concord Steel, Inc. (Ohio)
  • Representation of KeyBank National Association in The Education Resources Institute, Inc. (Massachusetts)
  • Representation of U.S. Bank National Association as Master Collateral Agent in Solyndra, LLC (Delaware)
  • Representation of Deutsche Bank Trust Company Americas, as Indenture Trustee in Maxcom Telecommunications S.A. de C.V. (Delaware)
  • Representation of Deutsche Bank Trust Company Americas, as Indenture Trustee in Su Casita Hipotecaria, S.A. de C.V. (Mexico)
  • Representation of U.S. Bank National Association as Trustee in Western Mohegan Indian Tribe and Nation of New York (Illinois)
  • Representation of Law Debenture Trust Company of New York, as Indenture Trustee in Sino-Forest Corporation (Ontario)
  • Representation of Wells Fargo Bank, N.A. as Indenture Trustee in Catalyst Paper Corporation, et al. (Delaware and Supreme Court of British Columbia)
  • Representation of Wells Fargo Bank, N.A. as Indenture Trustee in KH Funding Company (Maryland)
  • Representation of Wells Fargo Bank, N.A., as Indenture Trustee in Global Aviation Holdings, Inc. (Eastern District of New York)
  • Representation of secured lenders in out of court workouts involving real estate developers, construction companies, manufacturers, service providers and other entities.
  • Representation of mechanic lienholders in chapter 11 and other insolvency proceedings.
  • Representation of Fortune 500 manufacturing company in connection with multi-billion dollar contractual dispute related to several construction projects involving numerous vendors, contractors, subcontractors and related parties.
  • Representation of holding company and affiliated manufacturing companies in connection with secured party foreclosure and subsequent dissolution.
  • Representation of Fortune 500 real estate developer in connection with bankruptcy-related matters.
  • Representation of Fortune 500 manufacturing companies in connection with substantial claims in various Chapter 11 proceedings throughout the United States.
  • Creditor Committee Representation: Atlantic Metal Products, Inc. (District of New Jersey).  Committee representation in the Chapter 11 case of a metal fabrication and processing company.

 

Publications
  • “Bankruptcy Court Upholds Secured Creditor’s Right to Credit Bid, Rejects “Chilling” Argument,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2014
  • “Sixth and Ninth Circuits Split on Constitutional Conundrum Involving Authority of Bankruptcy Courts” · Cleveland Metropolitan Bar Journal · May 2013 (Co-author)
  • “Settling the Municipal Landscape:  How Pre-Plan Settlements in Chapter 9 May Sidestep the Traditional Claims-Resolution Process” · American Bankruptcy Institute Journal · May 2013 (Co-author)
  • “Bankruptcy Court Upholds Plan Provision Allowing Payment of Fees to Members of Creditors’ Committee” · Pratt’s Journal of Bankruptcy Law · April/May 2013
  • “Post-Stern Split Emerges over Consent to Bankruptcy Court Authority” · Bankruptcy Law Review · April 2013 (Co-author)
  • “Post-Stern Split Emerges over Consent to Bankruptcy Court Authority” · Westlaw Journal Bankruptcy · March 2013 (Co-author)
  • Turscak and Tuggle, "The Benefits Priority Cap of § 507(a)(5): Chalk One Up for Statutory Plain Meaning," · The Bankruptcy Strategist · June 2008
Presentations
  • Chapter 15: To Be or Not To Be, That is the Question. Is the Cross-Border Insolvency World Becoming a Smaller Place; 2013 William J. O’Neill Regional Bankruptcy Institute; May 2013
  • Forbearance Agreements that Minimize Lender Liability and Bankruptcy Risks; Strafford Webinar; September 2012
  • Loan Forbearance Options and Waivers After Default: Crafting Effective Forbearance Agreements; Strafford Webinar; November 2011
  • Basic Bankruptcy Litigation; National Business Institute; December 2007
  • New Creditor Strategies for Old Problems:  Taking Advantage of the 2005 Bankruptcy Code Amendments; Cincinnati, Columbus, Dayton and Cleveland; Spring 2006

 

Distinctions
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine, 2014
  • Selected for inclusion in  Best Lawyers in America, 2013-2015
  • Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Bankruptcy/Restructuring, Ohio, 2011-2014
  • Selected for inclusion in Super Lawyers Rising Stars by Ohio Super Lawyers magazine, 2007 and 2013
  • Outstanding Associate Editor of Ohio State Journal of Criminal Law, 2004
  • Outstanding Undergraduate of the Year, The Ohio State University, 1999; 2000
Professional and Civic

Professional Associations

  • American Bankruptcy Institute, member; Bankruptcy Litigation Committee, member
  • Ohio State Bar Association, member
  • Cleveland Metropolitan Bar Association,·member; Professionalism and Ethics Committee, member
  • Turnaround Management Association, member; Education Committee, member
News