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Robert N. H. Christmas



Robert Christmas has a national commercial bankruptcy and complex litigation practice. He represents strategic asset buyers and creditors of all kinds, including tech companies, real estate owners, jewelry manufacturers, hedge funds, multinational businesses as well as official administrators/liquidators from other countries in complex claims before bankruptcy courts and federal and state trial courts. He leads the firm’s cross-border insolvency practice.

What do you focus on?

Today I focus on three main areas, using my over 27 years of experience to help clients efficiently meet complex business challenges.

I represent clients in hospital/health care insolvencies. This includes creditors as well as strategic asset buyers. I also represent clients in governmental insolvencies across the country, both in workout and in proceedings under Chapter 9 of the Bankruptcy Code.

I advise clients in international/cross-border commercial and insolvency matters. I represent businesses with multinational operations, as well as official administrators/liquidators and other non-United States fiduciaries, in insolvency and complex commercial claims before courts in the United States and involving multiple national jurisdictions. I have prosecuted and defended ancillary cases filed in the United States under Chapter 15 of the Bankruptcy Code and its predecessor Section 304 in aid of foreign insolvency proceedings.

In my business litigation practice, I handle a broad array of commercial disputes, including cases involving real estate, contract, unfair competition, shareholder oppression, business tort, tax and fraud claims. I also have extensive experience in taking and defending appeals before federal circuit and state appellate courts.

What do you see on the horizon?

I believe municipal financial distress will continue to be a national issue, as there are structural difficulties that municipalities face, given changing demographics and ever-increasing costs. The same observations apply to health care businesses and institutions in the United States. I also see an increase in the number of disputes and insolvencies that cross national borders. Businesses now do much more outside of the United States, which adds complexity to achieving business solutions.

Experience

Mr. Christmas practices business insolvency law, as well as complex commercial and bankruptcy litigation.

Mr. Christmas represents commercial and governmental clients in a wide variety of settings involving public bond debt and other highly complex public and private financing structures, from review/preparation of financing opinions, structuring transactions, bond issuance disclosures and other issuance-related matters, to formal insolvency proceedings, including of distressed real estate projects/developers (encompassing projects with ongoing government subsidies and/or regulation), municipalities and other public authorities, public and private hospitals, cable television transmission facilities, chemical manufacturing facilities, power generation plants, steel manufacturing facilities, educational and health care institutions, museums, aircraft, transportation infrastructure and harbors/ports, public transit systems, and sports teams (NHL and NFL).

Mr. Christmas’s experience also includes representing parties in municipal and other public authority insolvencies, both in workout and in proceedings under Chapter 9 of the Bankruptcy Code, most recently in the Chapter 9 cases of Jefferson County, Alabama; Stockton, California; Natchez Regional Medical Center (Natchez, Mississippi); and Detroit, Michigan.

In insolvency matters, Mr. Christmas represents bond insurers, secured and subordinate lenders, manufacturers, consignors, lessors and other real estate owners, indenture trustees, federal and state governmental institutions, agencies and municipalities, transportation authorities, hedge funds and other investors, swap/derivative counterparties, and other creditors. Mr. Christmas’s practice encompasses insolvency cases nationally, including in the United States Bankruptcy Courts for the Southern, Eastern, Western and Northern Districts of New York; the Middle District of Alabama; the Eastern District of Michigan; the Districts of Connecticut, Delaware, Nevada, and New Jersey; the Central, Eastern, and Northern Districts of California; the Southern District of Florida; Northern District of Illinois; the Southern District of Mississippi; the Eastern and Western Districts of Pennsylvania; the Northern District of Texas; and the United States Virgin Islands; and also in multiple state insolvency proceedings of major insurers. Mr. Christmas has represented parties in very large cases, such as Detroit, Chrysler, Lehman Brothers, Lyondell, Enron, WorldCom, Global Crossing, Madoff-related proceedings, and Reliance Insurance, as well as in other insolvency proceedings of all sizes.

In his litigation practice, Mr. Christmas has handled a broad array of commercial disputes, including cases involving real estate, contract, unfair competition/trade secrets, shareholder oppression, business tort, tax, inventory and asset recovery, interpleader, and fraud claims. He has litigated in the United States Courts of Appeal for the Second, Seventh, Ninth, and Eleventh Circuits; in the Federal District Courts for the Southern, Eastern, and Northern Districts of New York; the Eastern District of Pennsylvania; the Southern District of Florida; the Northern Districts of Illinois and Texas; the Central District of California; the Districts of Connecticut, New Jersey, and South Carolina; and in the United States Tax Court. He has also represented clients extensively before the New York State courts at all levels, including in the Appellate Divisions and the Court of Appeals, and before the American Arbitration Association.

Prior to joining Nixon Peabody in 1992, Mr. Christmas clerked for Judge James L. Garrity, Jr., of the United States Bankruptcy Court for the Southern District of New York (1991–1992). He was also a litigating attorney for four years with the United States Treasury Department, in the Office of Chief Counsel, Internal Revenue Service (Manhattan), where he served as counsel in tax determination and insolvency matters (1987–1991).

Mr. Christmas is a published author on various bankruptcy issues, is frequently quoted as a bankruptcy expert in the Bond Buyer and other print media nationwide, and has appeared on CNNfn, Canadian Television, and Bloomberg Radio. He has lectured for the California Society of Municipal Analysts/CDIAC, Practicing Law Institute, Women in Public Finance, and the American Corporate Counsel Association, and has extensive experience in teaching lawyers and non-lawyers.

Presentations

  • Post-Lehman Rules of the Road: Navigating the Latest Federal Stay Regulations Governing Financial Contracts with Global Systemically Important Banks,” West LegalEdcenter, Webinar, December 10, 2020

Changing circumstances reduced demand for California school note program

The Bond Buyer | April 29, 2021

This article, on the California School Finance Authority’s borrowing program created to help school districts manage pandemic-driven budget deferrals, mentions NP as disclosure counsel for notes issued in March and April for elementary, high school, and community college districts. Los Angeles partners Rudy Salo and Dan Deaton, and San Francisco partners Travis Gibbs and Graham Beck, all of the Project Finance & Public Finance group, advised CSFA in this deal. Update: New York Bankruptcy & Restructuring partner Robert Christmas also advised CSFA in this deal.

Little-Known Bank Regulations Have Globally Changed Creditor Rights

New York Law Journal | September 29, 2020

New York Financial Restructuring & Bankruptcy partner Robert Christmas contributed this article on how actions taken by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency have altered the rights in bankruptcy of parties to contracts with the world’s largest financial institutions.

Chicago plans full-court press with investors this week

The Bond Buyer | January 08, 2020

This article on the city of Chicago’s efforts to close a $838 million budget gap mentions New York City Financial Restructuring and Bankruptcy partner Robert Christmas as STSC bond counsel for the city.

Making a name for yourself: For trans people, it's 'life-changing'

NBC Out | September 06, 2019

This article about the importance of name changes for transgender individuals quotes New York City Financial Restructuring & Bankruptcy partner Robert Christmas and Chicago Complex Commercial Disputes senior E-discovery specialist Anders Van Marter, and highlights their work with the transgender community. NBC Out is the network’s news site dedicated to LGBTQ news.

Cook County mulls securitization as revenue bonds face pressure

The Bond Buyer | June 11, 2019

New York City Financial Restructuring and Bankruptcy partner Robert Christmas is quoted in this story for his role as counsel to the city of Chicago in a tax securitization matter. Cook County may now emulate the securitization structure Chicago used.

Contact

Robert N. H. Christmas

Partner

New York

Phone: 212-940-3103


Fax: 866-947-2426

New York University School of Law, LL.M.

Fordham University School of Law, J.D., Associate Editor, Fordham International Law Journal

Pomona College, B.A.

New York

U.S. District Court, Southern District of New York

U.S. District Court, Northern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of New York

U.S. District Court, Eastern District of Michigan

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, Eleventh Circuit

U.S. Court of Appeals, Ninth Circuit

Robert Christmas is a member of the New York State Bar Association, the American Bankruptcy Institute, INSOL, and the Municipal Analysts Group of New York .

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