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Christopher M. Desiderio



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.

What do you focus on?

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.

What do you see on the horizon?

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.

Representative Experience

Counsel to Debtor

  • 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
  • Confidential Skilled Nursing Facility

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

  • 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.)

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

Journal of Corporate Renewal | May 01, 2018

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.

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

ABI Journal | April 05, 2018

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.

Bruegger's Moving Toward Sale

Rochester Business Journal | April 29, 2016

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.

Contact

Christopher M. Desiderio

Counsel

New York

Phone: 212-940-3085


Fax: 866-596-3967

Fordham Law School, J.D.

Trinity College, B.A.

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

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

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).

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