Daniel C. Curth

Partner

Daniel C. Curth

Partner

Chicago Office

208 South LaSalle St
Suite 1750
Chicago, IL 60604
(312) 337 - 7700
  • Summary

    Mr. Curth is a talented and experienced litigator who regularly obtains successful outcomes for his clients in a broad array of disputes. In addition to representing clients in bankruptcy litigation matters – including the prosecution and defense of preference and fraudulent transfer claims – Mr. Curth regularly represents individuals and executors in connection with pursuing and defending challenges to wills, trusts, and other testamentary dispositions of assets. He also represents individuals and corporate trustees in pursuing and defending against breach of fiduciary duty claims. Additionally, as trust litigation counsel, Mr. Curth counsels and advises trustees on how to avoid and, if necessary, to pursue or defend, litigation involving a wide variety of trust assets and investments. Mr. Curth has represented a variety of clients before the Illinois Circuit Courts and the U.S. District Court for the Northern District of Illinois, as well as before several other state and U.S. District Courts, and before various arbitration panels, including the American Arbitration Association, the NFA, the NASD and before the U.S. Court of Appeals for the 7th and 9th Circuits.

  • Background

    Prior to joining Goldstein and McClintock, LLLP, Daniel was a Partner in the Litigation Practice Group at Freeborn & Peters LLP.

  • Representative Matters

    • Obtained a dismissal with prejudice of all claims asserted against a general contractor in connection with litigation alleging latent defects in the construction of a nursing home.
    • Obtained favorable settlement for the family of man who challenged estate of family matriarch based on claims of undue influence and lack of testamentary capacity where matriarch changed her estate plan, which had historically been split equally between her two sons, to leave the majority of her estate to her surviving son, shortly after the man, the matriarch's only other child, pre-deceased her.
    • Obtained a judgment at trial against the builder of a custom home for its breach of the warranty of habitability arising out of the defective design and installation of the home's HVAC system.
    • Obtained preliminary injunction for a family trust in litigation over corporate control of business in which the trust had a substantial investment.
    • Negotiated a successful resolution of dispute between a painting subcontractor, its general contractor and its bonding company over additional costs incurred as a result of the discovery and abatement of asbestos and lead paint.
    • Successfully transferred media-generating construction defect claim from public forum to private arbitration forum where claims were favorably resolved without additional negative media attention.
    • Filed and pursued foreclosure of numerous mechanics' liens.
    • Defended against numerous mechanic's lien foreclosure claims.
    • Obtained favorable settlement for family-member trustees in pursuing claims of breach of fiduciary duty against corporate trustee.
    • Obtained favorable settlement of will contest on behalf of sole heir to mother's estate based on lack of testamentary capacity and insane delusions where mother, with long-standing and well-documented history of mental illness, did not provide for the heir in her estate plan.
    • Represented Official Committee of Unsecured Creditors in In re Schwab Industries, Inc., et al. (Bankr. N.D. Ohio).
  • Court Admissions

    • Bar of Illinois
    • United States Court of Appeals for the Seventh Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Northern District of Illinois (including Trial Bar)
    • United States District Court for the Central District of Illinois
  • Education

    • J.D., University of Michigan Law School
    • B.A., Michigan State University, with honors
  • Practice Areas

    Bankruptcy & Restructuring

    Bankruptcy Litigation

Mr. Curth is a talented and experienced litigator who regularly obtains successful outcomes for his clients in a broad array of disputes. In addition to representing clients in bankruptcy litigation matters – including the prosecution and defense of preference and fraudulent transfer claims – Mr. Curth regularly represents individuals and executors in connection with pursuing and defending challenges to wills, trusts, and other testamentary dispositions of assets. He also represents individuals and corporate trustees in pursuing and defending against breach of fiduciary duty claims. Additionally, as trust litigation counsel, Mr. Curth counsels and advises trustees on how to avoid and, if necessary, to pursue or defend, litigation involving a wide variety of trust assets and investments. Mr. Curth has represented a variety of clients before the Illinois Circuit Courts and the U.S. District Court for the Northern District of Illinois, as well as before several other state and U.S. District Courts, and before various arbitration panels, including the American Arbitration Association, the NFA, the NASD and before the U.S. Court of Appeals for the 7th and 9th Circuits.

Prior to joining Goldstein and McClintock, LLLP, Daniel was a Partner in the Litigation Practice Group at Freeborn & Peters LLP.

  • Obtained a dismissal with prejudice of all claims asserted against a general contractor in connection with litigation alleging latent defects in the construction of a nursing home.
  • Obtained favorable settlement for the family of man who challenged estate of family matriarch based on claims of undue influence and lack of testamentary capacity where matriarch changed her estate plan, which had historically been split equally between her two sons, to leave the majority of her estate to her surviving son, shortly after the man, the matriarch's only other child, pre-deceased her.
  • Obtained a judgment at trial against the builder of a custom home for its breach of the warranty of habitability arising out of the defective design and installation of the home's HVAC system.
  • Obtained preliminary injunction for a family trust in litigation over corporate control of business in which the trust had a substantial investment.
  • Negotiated a successful resolution of dispute between a painting subcontractor, its general contractor and its bonding company over additional costs incurred as a result of the discovery and abatement of asbestos and lead paint.
  • Successfully transferred media-generating construction defect claim from public forum to private arbitration forum where claims were favorably resolved without additional negative media attention.
  • Filed and pursued foreclosure of numerous mechanics' liens.
  • Defended against numerous mechanic's lien foreclosure claims.
  • Obtained favorable settlement for family-member trustees in pursuing claims of breach of fiduciary duty against corporate trustee.
  • Obtained favorable settlement of will contest on behalf of sole heir to mother's estate based on lack of testamentary capacity and insane delusions where mother, with long-standing and well-documented history of mental illness, did not provide for the heir in her estate plan.
  • Represented Official Committee of Unsecured Creditors in In re Schwab Industries, Inc., et al. (Bankr. N.D. Ohio).
  • Bar of Illinois
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of Illinois (including Trial Bar)
  • United States District Court for the Central District of Illinois
  • J.D., University of Michigan Law School
  • B.A., Michigan State University, with honors