Corporate bankruptcy has evolved.
In the new economy, fewer businesses in distress are charting a course of traditional reorganization. Companies are taking advantage of cheaper access to capital and pursuing refinancings, restructurings, sales and acquisitions. We help them or their creditor constituencies explore options such as fast-paced Section 363 bankruptcy sales and other distressed investment strategies.
Our focus on industry nuances is a significant advantage. Financial restructuring solutions aren’t one-size fits all and are shaped by market and regulatory forces. We know the dynamics and players unique to a variety of industries—from real estate and financial services, to health care and manufacturing, to infrastructure and beyond. In all instances, our goal is to protect existing assets and unlock new value.
Our team is always focused on being high-level business counselors as well as legal advisors. We address operational inefficiencies, facilitate balance sheet restructuring, advance turnaround plans, draft agreements that guard against future risk and (when necessary) wind down and liquidate.
We help our clients focus on the future by taking a strategic approach to:
Journal of Bankruptcy Law | October 01, 2021
San Francisco partner Lou Cisz and Boston associate Jack Murray, both with the Financial Restructuring & Bankruptcy group, contributed this article analyzing the risks and opportunities for businesses acquiring distressed assets, and providing best practices for buyers to protect against potential post-closing litigation.
New York Law Journal | September 17, 2021
New York City Financial Restructuring & Bankruptcy partner Robert Christmas contributed this article analyzing the “police power” exception to the automatic stay of the Bankruptcy Code, which gives governments the ability to, under certain circumstances, continue enforcing actions or collecting money from the debtor. The article explores the ambiguity of this exception for courts, their process for evaluating it, and how the exception has been applied throughout history.
The Deal | August 09, 2021
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.
The Bond Buyer | April 29, 2021
This article, on the California School Finance Authority’s borrowing program created to help school districts manage pandemic-driven budget deferrals, mentions NP as disclosure counsel for notes issued in March and April for elementary, high school, and community college districts. Los Angeles partners Rudy Salo and Dan Deaton, and San Francisco partners Travis Gibbs and Graham Beck, all of the Project Finance & Public Finance group, advised CSFA in this deal. Update: New York Bankruptcy & Restructuring partner Robert Christmas also advised CSFA in this deal.
Laconia Daily Sun (N.H.) | November 06, 2020
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.
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.
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.
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.
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.
New York Law Journal | September 29, 2020
New York Financial Restructuring & Bankruptcy partner Robert Christmas contributed this article on how actions taken by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency have altered the rights in bankruptcy of parties to contracts with the world’s largest financial institutions.
ABI Journal | September 01, 2020
San Francisco Financial Restructuring & Bankruptcy partner Lou Cisz, III co-authored this article, which provides an outlook on COVID-19’s financial impact on skilled-nursing facilities, while looking ahead to set the stage for industry-wide restructurings and bankruptcy filings.
The Deal | August 28, 2020
Boston Financial Restructuring & Bankruptcy partner Rick Pedone is mentioned in this article for representing TPS Group Holdings LLC in its stalking horse bid in Paper Store LLC’s bankruptcy auction. Private Equity group leader and Manchester partner Phil Taub is also representing the investor group.
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.
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.
The Deal | August 06, 2020
Boston Financial Restructuring & Bankruptcy partner Rick Pedone is mentioned in this article for representing TPS Group Holdings LLC in its stalking horse bid in Paper Store LLC’s bankruptcy auction. Private Equity group leader and Manchester partner Phil Taub is also representing the investor group.
Journal of Bankruptcy Law | July 14, 2020
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.
Law360 | March 03, 2020
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.
Law360 | February 10, 2020
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.
Law360 | February 05, 2020
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.
Reuters Legal | February 04, 2020
This article about Philadelphia Energy Solutions’ (PES) Chapter 11 case mentions Boston Financial Restructuring and Bankruptcy partner Rick Pedone as co-counsel to Point Breeze Renewable Energy, an RNG Energy Company, in connection with its lease from PES to open a biofuels plan on the site of PES’ South Philadelphia refinery.
The Bond Buyer | January 08, 2020
This article on the city of Chicago’s efforts to close a $838 million budget gap mentions New York City Financial Restructuring and Bankruptcy partner Robert Christmas as STSC bond counsel for the city.
Law360 | February 20, 2019
Boston Financial Restructuring & Bankruptcy partner Lee Harrington is mentioned in this article for his representation of Tempnology, a company whose decision to revoke its trademark license under bankruptcy law, is now before the U.S. Supreme Court.
Law360 | December 11, 2018
Financial Restructuring & Bankruptcy partners Lee Harrington of Boston and Dan Sklar of Manchester and Complex Commercial Disputes partner George Skelly of Boston are mentioned in this story for their representation of Tempnology in an ongoing licensing suit, which is now before the Supreme Court.
