William E. Curtin

Representative Company Engagements:

• Oya Renewables Development LLC, et al. – Representing OYA Renewables and seven solar community development affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas.
• Conn’s, Inc., et al. – Representing Conn’s Inc., an American furniture, electronics, and appliance retailer with century-old operations across 15 states and 550 retail locations, in its Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of Texas. In its filing on July 23, 2024, Conn’s listed over US$1.1 billion of total funded recourse debt, trade debt, and non-recourse securitized obligations owed by non-debtor SPV subsidiaries and serviced by the company.
• Eiger Biopharmaceuticals, Inc. – Representing Eiger Biopharmaceuticals, a Palo Alto, California-based biopharmaceutical company that develops treatments for rare metabolic diseases, in its Chapter 11 cases in the U.S. Bankruptcy Court for the Northern District of Texas.
• BowFlex, Inc. – Representing BowFlex, Inc., a manufacturer of fitness equipment, in its Chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey.
• Acerus Pharmaceuticals – Represented Acerus Pharmaceuticals in connection with the recognition and enforcement of orders issued in Canadian CCAA proceedings approving a reverse vesting transaction.
• Accelerate Diagnostics, Inc. – Represented Accelerate Diagnostics, Inc., a diagnostics company focused on antibiotic resistance and sepsis in the hospital setting, in connection with the out-of-court restructuring of its matured bond debt.
• Reverse Mortgage Investment Trust Inc. (RMIT) – Represented RMIT and certain of its subsidiaries in their Chapter 11 bankruptcy cases in the U.S. Bankruptcy Court for the District of Delaware.
• Amsterdam House Continuing Care Retirement Community, Inc. – Represented the Debtor in all aspects of its Chapter 11 case in the United States Bankruptcy Court for the Eastern District of New York. Through this restructuring the Debtor was able to pay outstanding entrance fee arrears, restructure existing bond claims, come into compliance with applicable New York State regulations and raise additional funds to ensure future stability for the facility.
• Boy Scouts of America – Represented the Debtor in its Chapter 11 case in the United States Bankruptcy Court for the District of Delaware, with specific focus on the implementation, defense and execution of a key preliminary injunction staying thousands of pending cases nationwide. 

Representative Creditor Engagements:

• National Founders LP – Represented National Founders in US$65 million in new-money DIP financing with an option to consummate a US$500+ million financing transaction in the GWG Holdings Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of Texas. Attained favorable settlement on make-whole claim.
• Jack Cooper Ventures, Inc., et al. – Represented the Official Committee of Unsecured Creditors in Chapter 11 cases in the United States Bankruptcy Court for the Northern District of Georgia involving in excess of $575 million in secured debt and significant debt related to withdrawal liability from multi-employer pension funds.
• Retrieval Masters Creditors Bureau, Inc. – Represented former client of the Debtor in Chapter 11 case involving a significant data breach in the United States Bankruptcy Court for the Southern District of New York.
• Sears Holding Company, et al. – Represented creditor and defendant in a preference action in Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York.

Representative Distressed Investor/Purchaser Engagements:

• Life Care Services Communities, et al. – Represent Life Care Services and LCS Real Estate in connection with various senior living acquisitions.
• The Hertz Corporation, et al. –  Represented Athene in its successful stalking horse bid for substantially all of the assets of Hertz subsidiary, Donlen Corporation in the United States Bankruptcy Court for the District of Delaware.  An Athene affiliate ultimately purchased the Donlen assets pursuant to Section 363 of the bankruptcy code for approximately $900 million.
• Garrett Motion Inc., et al. – Represented Atlantic Park in connection with a proposed $1.35 billion preferred equity offering under the Official Committee of Equity Holder’s plan of reorganization in Chapter 11 cases in the Bankruptcy Court for the Southern District of New York.
• Seabras 1 USA, et al. – Represented the private equity sponsor in the Chapter 11 cases of its portfolio companies Seabras 1 USA, LLC and Seabras 1 Bermuda Ltd. that resulted in a confirmed Chapter 11 plan in the United States Bankruptcy Court for the Southern District of New York.
• YogaWorks Inc., et al. – Represented the private equity sponsor and former senior secured lender in connection with a successful Chapter 11 sale of a portfolio company that resulted in a confirmed Chapter 11 plan in the United States Bankruptcy Court for the District of Delaware.

Representative Bankruptcy Litigation Engagements:

• Eletson Holdings, Inc., et al. – Successfully represented majority shareholders in trial against UCC & UST attempting to supplant board with a Chapter 11 trustee and related proceedings in the U.S. Bankruptcy Court for the Southern District of New York.
• Lehman Brothers Holdings Inc., et al. – Represented defendant in a clawback action in the United States Bankruptcy Court for the Southern District of New York.
• SC SJ Holdings LLC, et al. – Represented Accor in the Chapter 11 case of the San Jose Fairmont in the United States Bankruptcy Court for the District of Delaware.
• Represented defendant in multi-billion dollar bankruptcy court litigation in which trust asserted claims of fraudulent transfer and alter ego liability in the United States Bankruptcy Court for the District of Delaware.

• Pascal Rioult Dance Theatre, Inc. – Represented the majority of the directors of Pascal Rioult Dance Theatre, Inc., a New York not-for-profit corporation, in connection with a petition for dissolution filed in the Supreme Court of the State of New York.
• Regularly represent Veterans in discharge upgrade proceedings and related matters.

Bill is an active member of the American Bankruptcy Institute and serves on the ABI Task Force on Veterans and Service members Affairs. He currently serves on the Eastern District of New York Local Bankruptcy Rules Committee and previously served on the EDNY Consumer Law Advisory Committee. Bill is also a member of the Iraq and Afghanistan Veterans of America, a national nonprofit organization dedicated to improving the lives of Iraq and Afghanistan veterans and their families.