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Turning Crisis into Strategy: Contracts, projects and disputes at a global chokepoint
Thomas J. Curtin
Special Counsel Corporate & Finance
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Overview
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Experience
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Credentials
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Insights and events
Tom Curtin advises creditors, investors, and interested parties in complex restructuring and bankruptcy matters (including chapter 9 and chapter 11 cases). Tom has also represented creditors in complex commercial litigation, including disputes arising from intercreditor agreements.
Tom’s practice includes representing a monoline insurer in the restructuring proceedings for the Commonwealth of Puerto Rico, Puerto Rico Electric Power Authority, and related instrumentalities. He has represented parties across major restructurings, including Avianca Holdings, 560 Seventh Avenue Owner Primary, Mitel Networks, Celsius Network, Energy Future Holdings, Caesars Entertainment, the City of Detroit, Jefferson County, and others.
Tom brings a strong litigation record to restructuring matters, with multiple litigation victories, including victories in the TXU and Puerto Rico intercreditor disputes and in litigation concerning the perfection of security interests for $8 billion of bond claims in the Puerto Rico Electric Power Authority (PREPA)PREPA matter. He is a published author on restructuring topics across major industry publications.
Recognition
- Best Lawyers: Ones to Watch in America - Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2024, 2025)
- Super Lawyers - New York Metro Rising Star (2015-2025)
- IFLR1000 - Rising Star, Restructuring (2024, 2025)
- Legal500 US - Key Individual, Municipal and Corporate Bankruptcy (2014-2016, 2022)
Representative experience
Represent monoline insurer in the restructuring of billions of dollars of bonds issued by the Commonwealth of Puerto Rico and instrumentalities, including the Puerto Rico Electric Power Authority.
Represented DIP lenders and prepetition secured creditors in the chapter 11 proceedings for Avianca Holdings S.A. in connection with a multi-tranche DIP financing and subsequent equity conversion under the chapter 11 plan.
Represented creditors and other interested parties in chapter 11 cases for Energy Future Holdings Corp., 560 Seventh Avenue Owner Primary (the owner of the Margaritaville Resort Times Square), Mitel Networks, Celsius Network, Caesars Entertainment Operating Company, NPC International, Glacial Energy Holdings, R.G. Steel, Edison Mission Energy, and Inner City Media Corporation.
Represented secured creditors in the chapter 9 cases for the City of Detroit and Jefferson County.
Secured appellate victory in dispute concerning the scope and perfection of liens securing $8 billion of revenue bond claims issued by the Puerto Rico Electric Power Authority. In re Financial Oversight and Mgmt Bd for P.R., 121 F.4th 280 (1st Cir. 2024).
Obtained dismissal of an adversary complaint in its entirety, which sought a declaration that over $2 billion of loan claims were not subordinate to other debt obligations. In dismissing the complaint, the Court held that plaintiffs' loan claims were payment subordinated to the defendants' claims. AmeriNational Community Services LLC v. Ambac Assurance Corp., 635 B.R. 216 (D.P.R. 2021).
Represented a secured creditor in intercreditor litigation arising from the chapter 11 cases of Energy Future Holdings and its debtor affiliates. During the course of that representation, Tom obtained dismissal of the adversary complaint in its entirety, which sought a declaration that plan distributions and adequate protection payments were required to be distributed pursuant to an intercreditor agreement's waterfall provision. In dismissing the complaint, the Court held that distributions of stock in a reorganized entity and adequate protection payments were not proceeds of prepetition collateral, and thus were not subject to the waterfall provision. Delaware Trust Co. v. Wilmington Trust, N.A. , 546 B.R. 566 (Bankr. D. Del. 2016). The Third Circuit Court of Appeals affirmed this decision. See In re Energy Future Holdings Corp. , 773 Fed. Appx. 89 (3d Cir. 2019).
Representing a monoline insurer in PROMESA Title III proceedings for the Commonwealth of Puerto Rico and its instrumentalities, including the Puerto Rico Electric Power Authority.
Represented DIP lenders in the Avianca Holdings chapter 11 case, including in executing a multi-tranche DIP financing and equity conversion under the plan.
Represented secured lender in the chapter 11 case for 560 Seventh Avenue Owner Primary—the owner of the Margaritaville Resort in Times Square.
Represented first lien swap counterparties in chapter 11 cases for Energy Future Holdings, Caesars Entertainment, and NPC International.
Represented secured lenders and other interested parties in the chapter 11 cases for Mitel Networks, Celsius Network, Seadrill, Inner City Media Company, the Zohar III, Corp. CLOs, Marco Polo Seatrade BV, and Glacial Energy Holdings.
Represented administrative and collateral agent in refinancing of a media company's bank debt.
Represented lender in out-of-court workout of a healthcare technology company.
Represented secured creditors in the chapter 9 municipal bankruptcy cases of Detroit and Jefferson County.
Secured significant appellate victory regarding lien scope and perfection issues for $8bn of PREPA revenue bond claims. In re Financial Oversight and Mgmt Bd for P.R., 121 F.4th 280 (1st Cir. 2024).
Obtained dismissal of adversary complaint concerning the contractual priority of US $2bn of loan claims. AmeriNational Community Services LLC v. Ambac Assurance Corp., 635 B.R. 216 (D.P.R. 2021).
Represented secured creditor in intercreditor litigation in the Energy Future Holdings chapter 11 case, securing dismissal affirmed by the Third Circuit. Delaware Trust Co. v. Wilmington Trust, N.A., 546 B.R. 566 (Bankr. D. Del. 2016); aff'd, 773 Fed. Appx. 89 (3d Cir. 2019).
Obtained reversal of decision on Title III court's power to lift the automatic stay. In re Financial Oversight and Mgmt Bd for Puerto Rico, 899 F.3d 13 (1st Cir. 2018).
Obtained dismissal of adversary complaint against prepetition secured creditors in the Inner City Media Corporation chapter 11 case.
Credentials
Education
- J.D., Brooklyn Law School, with honors, 2011
- B.A., Fordham University, with honors, 2008
Bar admissions and qualifications
- New York
Court admissions
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York