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    1. Home
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    3. Christopher M. DesiderioPeople
    1. Home
    2. People
    3. Christopher M. DesiderioPeople

    Christopher M. Desiderio

    Counsel


    • New York City
    • Office212.940.3085
    • cdesiderio@nixonpeabody.com
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    Introduction

    Christopher Desiderio is a member of Nixon Peabody’s Bankruptcy & Financial Restructuring group, where he represents debtors, creditors and official committees in all aspects of Chapter 7 and 11 cases. Representative clients include distressed companies, partnerships, banks, landlords, creditor’s committees and trustees in national and regional corporate bankruptcies.

    Practice Areas

    Financial Restructuring & BankruptcyFranchising & DistributionCorporate & FinanceBehavioral HealthHealthcareLitigation

    My focus

    Debtors

    I frequently represent debtors in highly contested restructurings. I’ve represented debtors in various out-of-court and in-court restructurings in various industries including retail, consumer products, healthcare, telecommunications, leisure, education, and energy. Each case presents its own challenges including addressing employee and public relations, negotiations and litigation with secured lenders, valuations, and operational and organizational issues. I work hand-in-hand with management in order to obtain the best results in the most effective and efficient manner possible.

    Creditors and Other Parties in Interest

    My practice includes the representation of secured and unsecured creditors, including landlords, trade creditors, employees and financial institutions. In addition, I regularly represent financial institutions as trustees, agents, and issuers. In addition, I often represent defendants in fraudulent conveyance and preference litigation. Finally, I have represented parties interested in buying or selling distressed assets in 363 and Article 9 sales.

    Committees

    I frequently represent Official Committees of Unsecured Creditors. I take great care to ensure that each Committee I represent fulfills its fiduciary obligations, whether through careful negotiation or litigation, with the goal of maximizing recoveries for all unsecured creditors.

    Bankruptcy Appellate Practice

    I have successfully represented clients in various bankruptcy appellate matters before District Courts, Bankruptcy Appellate Panels, and United States Court of Appeals.

    Representative experience

    Counsel to Debtors

    • Access Medical Group (Bankr. S.D.N.Y.)
    • Boston Restaurant Associates (Bankr. D.Del.)
    • Cedenco Australia Pty Ltd. (Chapter 15) (Bankr. S.D.N.Y.)
    • Ezenia! Inc. (Bankr. D.N.H.)
    • FairPoint Communications, Inc. (Bankr. S.D.N.Y.)
    • Laurence, Scott & Electromotors Ltd. (Chapter 15) (Bankr. S.D.N.Y.)
    • Lynx Associates, L.P. (Bankr. D.N.J.)
    • Premier Parks (Six Flags) (Bankr. D. Del.)
    • Sababa Group, Inc. (Bankr. S.D.N.Y.)
    • St. Francis’ Hospital, Poughkeepsie, New York (Bankr. S.D.N.Y.)
    • Tempnology LLC n/k/a Old Cold LLC (Bankr. D.N.H.)
    • U.S. Coal Corp. (Bankr. W.D.Ky.)
    • Confidential For-Profit Educational Institution
    • Wachusett Ventures, LLC

    Counsel to the Official Committee of Unsecured Creditors

    • Cosi, Inc. (Bankr. D.Ma.)
    • R. Esmerian, Inc. (Bankr. S.D.N.Y.)
    • Visiting Nurse Association of Long Island (Bankr. E.D.N.Y.)

    Counsel to Indenture Trustees, Collateral Agents,Lenders, and Trade Creditors in Bankruptcy Cases

    • Calpine Corp. (Bankr. S.D.N.Y.)
    • Eddie Bauer Holdings, Inc. (Bankr. D.Del.)
    • Energy Future Holdings (Bankr. D.Del.)
    • Flour City Bagels, LLC (Bankr. W.D.N.Y.)
    • Lehman Brothers Holdings, Inc. (Bankr. S.D.N.Y)
    • Midstates Petroleum Company, Inc. (Bankr. W.D.Tx.)
    • Payless Holdings, LLC (Bankr. E.D. Mo.)
    • Westinghouse Electric Company LLC (Bankr. S.D.N.Y.)

    Counsel to Purchasers

    • Marc Fisher Footwear in the acquisition of certain assets in Nine West Holdings (Bankr. S.D.N.Y.)
    • Thorobird Companies LLC in its acquisition of 2064 Grand Concourse (Bankr. S.D.N.Y.)
    • Lawrence + Memorial Corporation in its acquisition of Westerly Hospital (Rhode Island)
    • New York University Hospital in its acquisition of certain assets of Transcare Corp. (Bankr. S.D.N.Y.)
    • SED International in its acquisition of certain assets of Archbrook Laguna Holdings LLC (Bankr. S.D.N.Y.)

    Looking ahead

    As the retail apocalypse continues, there will continue to be great opportunities for distressed investors to acquires brands and inventory at bargain prices.  Further, fast-casual and other franchise operations may start experiencing similar issues to those faced in retail as market disrupters enter the fray. Finally, commercial landlords will continue to bear the brunt of the changes to consumer spending habits as their tenants continue to operate on thinner and thinner margins.

    Insights

    • “Combatting Distress in Healthcare,” BDO’s Healthcare Trends & Topics Webcast Series, June 27, 2023
    • “Distressed M&A Toolkit for Transactional Attorneys,” MCBA CLE, April 26, 2023
    • “Franchisee Fraud: When Fraud Threatens a Franchisor’s Good Name,” Journal of Corporate Renewal, May 2018, (Co-author)

    In the news

    • Deloitte Insights in The Wall Street Journal

      How common hospital contracts can bruise financial health

      This article covering the pandemic’s impact on professional services agreements (PSAs) quotes New York City Corporate counsel Chris Desiderio, of the Bankruptcy & Financial Restructuring team, who provides key considerations for hospitals and health systems about how to develop strong and economically-viable PSAs.
      May 17, 2022
    • Law360

      Deported man urges justices to review unfair deadline

      This article mentions New York Corporate counsel Chris Desiderio and Boston Privacy & Technology counsel Ronaldo Rauseo-Ricupero for their pro bono representation of a Salvadoran man who is asking the US Supreme Court to review the Fifth Circuit’s refusal to reconsider his decades-old deportation order.
      April 5, 2022
    • The Deal

      SVXR to sell assets after lengthy marketing process

      This article mentions Boston Corporate partner Jack Fainberg and senior counsel Richard Stein, and New York City Financial Restructuring and Bankruptcy counsel Chris Desiderio for representing Bruker Nano in its agreement to purchase the assets of semiconductor and electronics equipment maker SVXR Inc. as part of SVXR’s Chapter 11 case.
      Aug 9, 2021
    • Laconia Daily Sun (N.H.)

      Auction Set for LRGHealthcare's Assets

      This article covers an upcoming auction of LRGHealthcare’s assets as part of the nonprofit hospital operator’s Chapter 11 bankruptcy case, noting an initial $30 million bid from Concord Hospital. Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, are representing LRGHealthcare, and the auction is scheduled for Dec. 16 at NP’s Manchester office.
      Nov 6, 2020
    • Business NH magazine

      LRGHealthcare Files for Bankruptcy, Concord Hospital May Acquire

      The following article covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.
      Oct 20, 2020
    • The Deal

      Covid Forces smarTours to Check into Ch. 11

      This story covers travel company smarTours’ Chapter 11 bankruptcy filing, after the pandemic forced the company to suspend all tours earlier this year. The article mentions Boston partner Rick Pedone and New York City counsel Christopher Desiderio and associate Christopher Fong, all of the Financial Restructuring & Bankruptcy practice group, for representing smarTours.
      Oct 20, 2020
    • Reuters Legal

      New Hampshire Hospital Group Seeks Bankruptcy Relief

      The following article covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.
      Oct 19, 2020
    • The Deal

      LRGHealthcare to Sell Assets in Ch. 11

      The following article, covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.
      Oct 19, 2020
    • Reuters Legal

      2nd Circuit blocks latest Lehman effort to recover $1 billion from noteholders

      This article, covering the Second Circuit’s rejection of Lehman Brothers’ effort to claw back $1 billion, mentions NP for the work of Global Finance partner Amanda Darwin (Boston), and Financial Restructuring & Bankruptcy partner Rick Pedone (Boston) and counsel Chris Desiderio (New York) in representing the noteholders.
      Aug 11, 2020
    • Law360

      2nd Circ. Rejects Lehman's $1B Clawback Effort

      This article, covering the Second Circuit’s rejection of Lehman Brothers’ effort to claw back $1 billion, mentions NP for the work of Global Finance partner Amanda Darwin (Boston), and Financial Restructuring & Bankruptcy partner Rick Pedone (Boston) and counsel Chris Desiderio (New York) in representing the noteholders.
      Aug 11, 2020
    • Journal of Corporate Renewal

      Franchisee fraud: When fraud threatens a franchisor's good name

      Boston financial restructuring and bankruptcy partner Rick Pedone and New York City counsel Chris Desiderio authored this article about the steps and strategies franchisors and franchisee lenders must take to mitigate exposure to potential fraud.
      May 1, 2018
    • ABI Journal

      When is Final, Final? Appeals from § 363(m) Findings

      New York City financial restructuring and bankruptcy counsel Chris Desiderio and Manchester financial restructuring and bankruptcy partner Dan Sklar are co-authors of this article analyzing two recent circuit court decisions that may have exposed a weakness in the bankruptcy court sale-and-approval process.
      April 5, 2018
    • Rochester Business Journal

      Bruegger's Moving Toward Sale

      New York City Financial Restructuring & Bankruptcy counsel Chris Desiderio is quoted in this article about a U.S. Bankruptcy Court sale of Flour City Bagels LLC.
      April 29, 2016
    • Law360

      Nonprofits in the Zone of Insolvency: 2 Cautionary Tales

      New York City financial restructuring and bankruptcy counsel Chris Desiderio, Washington, DC, M&A and Corporate Transactions partner Mike Cooney, and associate Rob Trott and Boston partner and leader of the firm’s Bankruptcy & Financial Restructuring practice Victor Milione coauthored this column on important issues charitable fiduciaries should educate themselves on to avoid insolvency.
      May 19, 2015

    Admitted to practice

    New York
    Connecticut
    U.S. District Court, Southern 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, Northern District of New York
    U.S. Court of Appeals, First Circuit
    U.S. Court of Appeals, Sixth Circuit
    U.S. Court of Appeals, Second Circuit
    U.S. Supreme Court

    Education

    Fordham University School of Law, J.D.
    Trinity College, B.A.

    Professional activities

    Christopher is a member of the New York City Bar Association, American Bar Association, the American Bankruptcy Institute, and the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL).

    Recognition

    Chris has been selected to the New York Super Lawyers Rising Star lists in 2013–2017. His primary area of practice is bankruptcy.

    Insights And Happenings

    View All
    • Event

      Combatting Distress in Healthcare

      June 27, 2023
    • Alert

      Bankruptcy issues for franchisors and lenders

      June 22, 2023
    • Event

      Healthcare in Distress: Options & Opportunities

      Dec 5, 2022
    View All

    Professionals in the Practice Area

    View All
    • Richard C. Pedone

      Partner / Team Leader, Bankruptcy & Financial Restructuring
      • Boston
      • Office:617.345.1305
      • rpedone@nixonpeabody.com
      Richard C. Pedone
    • Victor G. Milione

      Partner
      • Boston
      • Office:617.345.1215
      • vmilione@nixonpeabody.com
      Victor G. Milione
    • R. Scott Alsterda

      Counsel
      • Chicago
      • Office:+1 312.977.9203
      • rsalsterda@nixonpeabody.com
      R. Scott Alsterda
    • Christopher Fong

      Counsel
      • New York
      • Office:212.940.3724
      • cfong@nixonpeabody.com
      Christopher Fong
    • Louis J. Cisz, III

      Partner
      • San Francisco
      • Office:415.984.8320
      • lcisz@nixonpeabody.com
      Louis J. Cisz, III
    View All

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