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Introduction
Christopher Fong is counsel in the Bankruptcy & Financial Restructuring group and is located in the firm’s New York office. He is involved in all facets of domestic and international corporate reorganizations, workouts and out-of-court restructurings.
My focus
My practice primarily focuses on the representation of debtors, secured lenders, unsecured creditors, indenture trustees and official committees in complex Chapter 11 bankruptcy cases, receiverships, state court proceedings and out-of-court workouts. I have also represented liquidators and foreign representatives in Chapter 15 cases to recover assets in the United States.
I have represented clients across a variety of industries including fintech (cryptocurrency), energy, retail, health care, telecommunications and manufacturing. I also represent clients in bankruptcy litigation, both as plaintiffs and defendants, across a wide variety of matters including avoidance and fraudulent transfer actions.
My practice also includes representing purchasers seeking to acquire distressed assets out of bankruptcy cases.
Debtors
I have represented a diverse variety of debtors in various aspects of corporate restructurings. Most recently, I have represented smarTours, LLC, Boston Restaurant Associates; GT Advanced Technologies, Inc.; Furniture Brands International, Inc.; and FairPoint Communications, Inc. as debtors in possession in their Chapter 11 cases.
Official Creditors’ Committee
I have previously represented official committees of unsecured creditors in the Chapter 11 cases of 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.
Unsecured Creditors and Indenture Trustees
I also frequently represent unsecured creditors, including vendors and landlords in a variety of restructurings, both in court and out of court. In addition, my practice also includes the representation of indenture trustees, including, most recently, in the Chapter 11 case of Hertz and Energy Future Holdings Corp.
Looking ahead
As the cost of filing for Chapter 11 increases (both domestically and abroad), the use of non-bankruptcy alternatives such as receiverships and assignments for the benefit of creditors become more valuable and cost-efficient tools. These tools are likely to become more popular alternatives to Chapter 11 as bankruptcy costs become prohibitively expensive.
In the news
- 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, B.A.
St. John's University School of Law, J.D.
St. John's University School of Law, LL.M.
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, Bankruptcy & Financial Restructuring- Boston
- Office:+1 617.345.1305
- rpedone@nixonpeabody.com
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