Curtis L. Tuggle
Practice Group Leader - Business Restructuring, Creditors' Rights & Bankruptcy
As chair of the national Business Restructuring, Creditors' Rights & Bankruptcy practice group, and partner in the Commercial & Public Finance and Business Litigation practice groups, Curtis concentrates his focus 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. In addition to representing financial institutions in distressed and default situations, Curtis regularly provides advice and counsel on domestic and international corporate trust matters including corporate financings, secured and unsecured debt transactions, collateral agencies and escrows.
Curtis is licensed to practice in the state courts of Ohio and New York, the United States District Courts for the Northern and Southern Districts of Ohio, United States District Courts for the Eastern and Southern Districts of New York and the United States Court of Appeals for the Sixth Circuit.
- 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 Lender in Concord Steel, Inc. (Ohio).
- Representation of KeyBank National Association in The Education Resources Institute, Inc. (Massachusetts).
- Representation of secured lenders in out-of-court workouts involving real estate developers, construction companies, manufacturers, service providers and other entities.
- Representation of secured lender in RML Development, Inc. (Western District of Tennessee).
Corporate Trust Representation
- Representation of Wells Fargo Bank, N.A. as Indenture Trustee in Xinergy Corp., et al. (Western District of Virginia and Ontario).
- Representation of Deutsche Bank Trust Company Americas as Indenture Trustee in Su Casita Hipotecaria, S.A. de C.V. (Mexico).
- Representation of Deutsche Bank Trust Company Americas as Indenture Trustee in Maxcom Telecommunications S.A. de C.V. (Delaware).
- Representation of U.S. Bank National Association as Master Collateral Agent in Solyndra, LLC (Delaware).
- Representation of Wells Fargo Bank, N.A. as Administrative and Collateral Agent in Louisiana Riverboat Gaming Partnership, et al. (Western District of Louisiana).
- 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 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).
Other Bankruptcy Representation
- Representation of multistate real estate holding and property management companies in Chapter 11 proceedings styled In re Berger Properties of Texas, LLC, et al. (Texas).
- Representation of Fortune 500 manufacturing company in connection with multibillion-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.
- Representation of mechanic’s lienholders in Chapter 11 and other insolvency proceedings.
- Representation of Creditors’ Committee in the Chapter 11 case of Atlantic Metal Products, Inc., a metal fabrication and processing company (District of New Jersey).
- “CARES Act: Implications for Businesses,” Thompson Hine COVID-19 Update, March 28, 2020
- “Supreme Court: Trademark Licensees May Still Use Marks After Rejection of License in Bankruptcy,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, May 2019
- “Second Circuit Permits Madoff Trustee to Pursue Transfers Made Between Foreign Entities,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy and Business Litigation Update, March 2019
- “Marblegate Reversed: U.S. Second Circuit Clarifies Right to Payment Under Trust Indenture Act,” Thompson Hine Corporate Trust Update, January 2017
- “A World Without Cognovits: Increased Risks and Costs to Lenders,” Ohio Bankers League Ohio Record, Fall 2016
- “NY Court Clarifies ‘Foreign Representative’ for Chapter 15 Recognition,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, July 2015
- “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
- 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
- Selected for inclusion in IFLR 1000, 2019
- Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine, 2014, 2015, 2017-2020
- Selected for inclusion in The Best Lawyers in America, 2013-2020
- Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Bankruptcy/Restructuring, Ohio, 2011-2020
- 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
- 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