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.
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.
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.
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.
I have successfully represented clients in various bankruptcy appellate matters before District Courts, Bankruptcy Appellate Panels, and United States Court of Appeals.
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.
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
Fordham University School of Law, J.D.
Trinity College, B.A.
Chris has been selected to the New York Super Lawyers Rising Star lists in 2013–2017. His primary area of practice is bankruptcy.
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