Louis A. Curcio

Partner

New York
Business Phone: 212.704.6223
Business Fax: 212.704.6288

louis.curcio@troutman.com

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Louis Curcio has experience in a broad range of bankruptcy and creditors' rights matters, representing both creditors and debtors in a number of jurisdictions. A significant portion of his practice focuses on representing lenders in commercial real estate foreclosures, workouts and related bankruptcies, Uniform Commercial Code (UCC) foreclosures, termination of repurchase and warehouse lending agreements, and lender liability defense.

Louis also represents purchasers of assets in bankruptcy cases, and both creditors and debtors in challenging or seeking the use of cash collateral, the provision of adequate protection and the confirmation of plans of reorganization or liquidation.

Representative Matters

  • Represent lender in multiple foreclosure and guaranty actions in New York and New Jersey related to land acquisition and construction loans with counterclaims asserted against lender.
  • Represent lender in multiple hotel foreclosure actions in connection with tenant-in-common syndicated loans.
  • Represent lender in connection with complex, multi-property workouts, including discounted payoff, deed in lieu, and long-term forbearance transactions, and consensual foreclosures and bankruptcy sales.
  • Represent warehouse lender in connection with workout, foreclosure and bankruptcies of large portfolio of franchise loans acquired after termination of warehouse line of credit.
  • Successfully defended lender against claims by former borrower alleging failure to close a restructuring transaction.
  • Represent sellers and purchasers of single loans and portfolios of distressed loans, both in bankruptcy and in private transactions.
  • Represent whole-loan aggregators in connection with the assertion of, and defense against, claims of breaches of representations and warranties with respect to the origination of mortgage loans.
  • Represent asset-based lenders in bankruptcies of borrowers in connection with cash collateral, adequate protection, stay relief and other matters.
  • Represent former officers, directors and shareholders in breach of fiduciary duty and piercing the corporate veil case.
  • Represent unsecured creditors in connection with the sale of claims in bankruptcy.
  • Represent lender in connection with the termination and wind-down of lending businesses. Represent securitization trustee in connection with allegations of "robo-signing."
  • Represent indenture trustee in complicated cross-border transaction involving the restructuring of €1.3 billion in senior notes.
  • Represent stalking horse bidder (and ultimate purchaser) of approximately 3,000 real estate owned properties and mortgage loans from bankruptcy estate.
  • Represent second largest video rental business in connection with its Chapter 11 liquidation.
  • Represent servicer in connection with various servicing and proof of claim issues arising out of subprime mortgage originator bankruptcies.
  • Represent agent banks in out-of-court restructurings.
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Education

  • St. John's University, J.D., with honors, 2001
    Editor, The American Bankruptcy Institute Law Review
  • Michigan State University, B.A., Finance, with honors, 1998

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York