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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.

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.

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 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.)

Publications

LRGHealthcare Files for Bankruptcy, Concord Hospital May Acquire

Business NH magazine | October 20, 2020

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.

Covid Forces smarTours to Check into Ch. 11

The Deal | October 20, 2020

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.

New Hampshire Hospital Group Seeks Bankruptcy Relief

Reuters Legal | October 19, 2020

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.

LRGHealthcare to Sell Assets in Ch. 11

The Deal | October 19, 2020

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.

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

Reuters Legal | August 11, 2020

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.

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

Law360 | August 11, 2020

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.

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

Journal of Corporate Renewal | April 30, 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 04, 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.

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

U.S. Supreme Court

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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