Introduction
Christopher Fong is counsel in Nixon Peabody’s Financial Restructuring & Bankruptcy practice group. He advises clients in all facets of domestic and cross-border corporate reorganizations, workouts, bankruptcy proceedings, receiverships, assignments for the benefit of creditors, and other out-of-court restructuring alternatives.
My focus
My practice focuses on the representation of debtors, secured lenders, unsecured creditors, indenture trustees, official committees, asset purchasers, liquidators, and foreign representatives in complex restructuring matters. I regularly advise clients in Chapter 11 bankruptcy cases, Chapter 15 proceedings, receiverships, state court insolvency proceedings, and out-of-court workouts.
I have represented clients across a wide range of industries, including fintech and cryptocurrency, real estate, energy, retail, healthcare, telecommunications, manufacturing, hospitality, and travel. My work includes advising companies and stakeholders in distressed situations, guiding clients through asset sales and restructuring transactions, and litigating contested matters in bankruptcy and state courts.
I also represent clients in bankruptcy-related litigation, including avoidance actions, fraudulent transfer claims, claim disputes, plan confirmation disputes, and other contested restructuring matters, including appeals.
CHAPTER 11 DEBTORS
I have represented a diverse variety of debtors in corporate restructurings and Chapter 11 cases. My debtor-side experience includes representing smarTours, LLC; LRGHealthcare; Boston Restaurant Associates; GT Advanced Technologies, Inc.; Furniture Brands International, Inc.; and FairPoint Communications, Inc. in restructuring proceedings.
OFFICIAL COMMITTEES, UNSECURED CREDITORS, INDENTURE TRUSTEES, AND OTHER STAKEHOLDERS
I have represented official committees of unsecured creditors in Chapter 11 cases, including Cosi, Inc.; NewPage Corporation; and AbitibiBowater Inc. I also represented the official victims’ committee appointed in the Chapter 11 case of Montreal, Maine and Atlantic Railway.
I frequently represent unsecured creditors, including vendors and landlords, in in-court and out-of-court restructurings. I also represent indenture trustees and other fiduciaries in complex Chapter 11 cases. My trustee-side experience includes representing indenture trustees in the Chapter 11 cases of Hertz and Energy Future Holdings Corp.
RECEIVERSHIPS AND NON-BANKRUPTCY RESTRUCTURING ALTERNATIVES
As the cost, complexity, and timing pressures associated with Chapter 11 continue to increase, I help clients evaluate and implement practical non-bankruptcy restructuring alternatives. These tools can provide a more efficient path to preserve value, stabilize operations, sell assets, resolve creditor disputes, or wind down distressed businesses.
My work includes advising clients on receiverships, assignments for the benefit of creditors, state court proceedings, consensual workouts, forbearance arrangements, and other insolvency tools outside of Chapter 11. I work with debtors, lenders, creditors, fiduciaries, and purchasers to identify the right forum and process for each situation, with a focus on minimizing cost, preserving optionality, and achieving business objectives.
Receiverships and assignments for the benefit of creditors can be particularly valuable for middle-market companies, distressed asset sales, real estate-related restructurings, and situations where a full Chapter 11 process may be too expensive or burdensome. I help clients assess these alternatives early, structure the process, and navigate the legal and practical issues that arise in state law restructuring proceedings.
Looking ahead
Companies and stakeholders are increasingly looking beyond Chapter 11 for restructuring solutions. As bankruptcy costs continue to rise, receiverships, assignments for the benefit of creditors, consensual workouts, and other state law alternatives will remain important tools for preserving value and resolving financial distress. I focus on helping clients choose the right restructuring path, whether that means a Chapter 11 filing, an out-of-court transaction, or a more targeted state law process.
In the news
- Fort Myers News-Press & Naples Daily News
Supreme Court denies Hertz’s petition for review. What it means
Jan 13, 2026This following article covers the US Supreme Court declining to hear Hertz’s challenge to a lower court ruling, which found the company must pay $270 million in interest payments it owes to bondholders who were paid off early during its 2021 bankruptcy. NP is mentioned for serving as bond indenture trustee to US Bank National Association in connection with Hertz’s bankruptcy. The NP team was led by Boston partner Rick Pedone and New York City counsel Chris Fong, both of the Financial Restructuring & Bankruptcy team, and New York City Complex Disputes partner Chris Mason.
- Reuters
US Supreme Court declines to hear Hertz’s post-bankruptcy loan dispute
Jan 12, 2026This following article covers the US Supreme Court declining to hear Hertz’s challenge to a lower court ruling, which found the company must pay $270 million in interest payments it owes to bondholders who were paid off early during its 2021 bankruptcy. NP is mentioned for serving as bond indenture trustee to US Bank National Association in connection with Hertz’s bankruptcy. The NP team was led by Boston partner Rick Pedone and New York City counsel Chris Fong, both of the Financial Restructuring & Bankruptcy team, and New York City Complex Disputes partner Chris Mason.
- Bloomberg Law
Supreme Court declines to hear Hertz bankruptcy interest fight
Jan 12, 2026This following article covers the US Supreme Court declining to hear Hertz’s challenge to a lower court ruling, which found the company must pay $270 million in interest payments it owes to bondholders who were paid off early during its 2021 bankruptcy. NP is mentioned for serving as bond indenture trustee to US Bank National Association in connection with Hertz’s bankruptcy. The NP team was led by Boston partner Rick Pedone and New York City counsel Chris Fong, both of the Financial Restructuring & Bankruptcy team, and New York City Complex Disputes partner Chris Mason.
- Bloomberg Law
Hertz noteholders get win in bankruptcy interest payoff row
Sep 11, 2024The following article covers a US Court of Appeals for the Third Circuit ruling that the Hertz Corp. must pay unsecured noteholders more than $260 million in post-bankruptcy interest at a higher rate agreed to in their contracts plus special “make-whole” fees after it became solvent during its Chapter 11 case. Corporate partner Rick Pedone of Boston, leader of NP’s Bankruptcy & Financial Restructuring practice, and counsel Chris Fong of New York City are mentioned in the coverage for representing the trustees, Wells Fargo Bank NA and US Bank NA, on appeal. The NP team also included Boston Global Finance senior counsel Rob Coughlin.
- Law360
Hertz noteholders entitled to $270 million interest, Third Circuit rules
Sep 11, 2024The following article covers a US Court of Appeals for the Third Circuit ruling that the Hertz Corp. must pay unsecured noteholders more than $260 million in post-bankruptcy interest at a higher rate agreed to in their contracts plus special “make-whole” fees after it became solvent during its Chapter 11 case. Corporate partner Rick Pedone of Boston, leader of NP’s Bankruptcy & Financial Restructuring practice, and counsel Chris Fong of New York City are mentioned in the coverage for representing the trustees, Wells Fargo Bank NA and US Bank NA, on appeal. The NP team also included Boston Global Finance senior counsel Rob Coughlin.
- Bloomberg Law
Wells Fargo, US Bank say Hertz owes them money after bankruptcy
Oct 25, 2023This article covers US Bank and Wells Fargo asking the US Court of Appeals for the Third Circuit to reverse a December 2021 ruling in the Hertz Corp. Chapter 11 case that dismissed the banks’ claims for make-whole premiums on a series of unsecured notes that totaled $2.7 billion. The article mentions NP for representing US Bank in the case. Boston Corporate partner and Bankruptcy & Financial Restructuring team leader Rick Pedone appeared on behalf of US Bank. The NP team also includes Boston Complex Disputes partner George Skelly, New York City Corporate counsel Chris Fong, Boston Corporate associate Jack Murray, and Boston Global Finance senior counsel Rob Coughlin, who leads the client relationship in the matter.
- 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 - Journal of Bankruptcy Law
CARES Act Expands Restructuring Options for Small Businesses
Financial Restructuring & Bankruptcy practice group leader Victor Milione, partner Rick Pedone (both in Boston), and associate Christopher Fong (in New York City), contributed this article on the key changes made to the Small Business Reorganization Act that small businesses and lenders must understand.July 14, 2020 - Law360
Fight over releases stalls Level Solar's Ch. 11 hearing
This article mentions Financial Restructuring and Bankruptcy partner Victor Milione in Boston and associate Chris Fong in New York City, who are representing two funds created by Level Solar as part of the shuttered company’s Chapter 11 plan.March 3, 2020 - Law360
Philly refinery owner fires back at Chapter 11 plan objections
This article on the latest developments in a Delaware-based bankruptcy matter mentions Financial Restructuring and Bankruptcy partner Rick Pedone in Boston and associate Chris Fong in New York City as co-counsel for Point Breeze Renewable Energy LLC, which is objecting to the Chapter 11 plan proposed by a shuttered Philadelphia refinery.Feb 10, 2020 - Law360
Objections to Philly refinery Chapter 11 pile up as hearing nears
This article mentions Boston Financial Restructuring and Bankruptcy partner Rick Pedone and New York City Financial Restructuring and Bankruptcy associate Chris Fong as co-counsel for Point Breeze Renewable Energy LLC, which is objecting to a proposed Chapter 11 plan for a shuttered Philadelphia refinery.Feb 5, 2020 - Reuters
Texas Utility Energy Future Pushes Bankruptcy Exit Plan in Trial
This article focuses on Energy Future Holdings Corp, Texas’s biggest power company, request of a US bankruptcy court to allow the bulk of its operations to exit Chapter 11. The coverage notes that Energy Future faces stiff opposition from a group of creditors—including NP client American Stock Transfer & Trust Co. LLC—about how tax assets would be used in the power giant’s proposed spinoff of its major operating unit as the company kicked off the first half of its second attempt to exit bankruptcy. Boston financial restructuring and bankruptcy partner Rick Pedone is quoted and Boston global finance partner Amanda Darwin, Boston commercial litigation partner George Skelly, and New York City financial restructuring and bankruptcy associate Christopher Fong are listed among American Stock’s counsel.Aug 17, 2016
Admitted to practice
New York
Education
New York University, BA
St. John's University School of Law, JD
St. John's University School of Law, LLM
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Insights And Happenings
View AllProfessionals in the Practice Area
View AllRichard C. Pedone
Partner / Team Leader, Financial Restructuring & Bankruptcy- Boston
- Boston +1 617.345.1305
- rpedone@nixonpeabody.com
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Christopher M. Desiderio
Counsel- New York City
- New York City +1 212.940.3085
- cdesiderio@nixonpeabody.com
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