Nick V Cavalieri
Retired
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direct 614.229.3252
assistant 614.229.3372
Overview
Nick currently serves as the Chairman of the Commercial Transactions and Bankruptcy group with extensive experience in commercial litigation, debtor/creditor rights, bankruptcy, corporate reorganization, and workouts. He has represented numerous financial institutions, creditors, debtors, and creditors’ committees in bankruptcy proceedings and workouts across a wide range of industries. Nick is a Fellow of the American College of Bankruptcy and has been recognized as one of the Best Lawyers in America for bankruptcy since 1983. He is a frequent lecturer and seminar contributor on bankruptcy, reorganization, commercial law, and lender liability.
Practice Areas
General Information
Credentials
Education
- Ohio State University (B.A., B.S., 1970)
- Ohio State University (J.D., 1973)
Professional Highlights
Noteworthy Experience
- Chapter 11 Representations:
- Acting as lead debtor’s counsel in reorganization cases on behalf of:
- Irwin Mortgage Corporation (national mortgage lender and servicer which operated 169 production and satellite offices in 33 states)
- Steeplechase Village (single asset apartment complex)
- Baja Boats, Inc. (manufacturer of performance power boats)
- Colfor Manufacturing, Inc. (manufacturer and seller of forged parts used in the automotive industry)
- Genesis Worldwide, Inc. (publicly held manufacturer of steel handling equipment with 7 manufacturing facilities)
- Nationwise Automotive, Inc. (national retailer of automotive parts)
- Roberds, Inc. (publicly held national retailer of furniture, electronics, and appliances with 24 locations)
- Whitnam Oil & Gas Co., Inc. (publicly held oil and gas exploration and production)
- Tynes Chevrolet Cadillac (automobile dealership)
- Acting as creditors’ committee counsel in:
- Cook United, Inc. (national discount retailer), Chapter 11 counsel to the Official Debentureholders’ Committee
- Horizon PCS (telecommunications), Chapter 11 counsel to the Official Committee of Unsecured Creditors
- National Petroleum Corporation (oil and gas exploration pipeline, and production), counsel to the Official Committee of Unsecured Creditors
- Southern Air Transport, Inc. (air transportation of cargo), Chapter 11 counsel to the Official Committee of Unsecured Creditors
- Ormet Corporation (primary aluminum manufacturing), Chapter 11 co-counsel to the Official Committee of Unsecured Creditors
- SPECO Corporation (manufacturer of parts for defense industry), Chapter 11 counsel for Official Creditors’ Committee
- Wendy’s Food Systems, Inc., Chapter 11 counsel to the Official Committee of Unsecured Creditors
- Acting as counsel to other major creditors in other major Chapter 11 and Chapter 7 cases:
- Triad Resources, Inc. (counsel to lender secured in heavy equipment and drilling rigs)
- Ameristop Food Marts (counsel to agent bank in loans secured by all assets of gas stations/convenience store)
- Bush Leasing (lessor of vehicles to major trucking companies), counsel to major finance company with $50 million in leases to debtor
- Cardinal Industries, Inc. (manufacturer, builder, and owner of apartment complexes, motels) represented lenders, real estate, furnishing, and operating secured lenders.
- Federated Stores, Inc. (national department stores), counsel to various creditors, D&O carriers and governmental entities.
- Flxible Corporation (manufacturer of buses), special litigation counsel to chapter 7 trustee in litigation involving fraudulent conveyances and officer and director liability)
- Continental Airlines, Inc. (chapter 11 counsel to indenture trustee)
- Braniff International (chapter 11 counsel to airport authority)
- America West (chapter 11 counsel to airport authority)
- Western Exploration (oil and gas exploration and production company), represented numerous owners of production interests in litigation with chapter 11 trustee
Publications & Speaking Engagements
- Co-author, Banks and Thrifts: Regulatory Enforcement and Receivership Law, Matthew Bender, 1991
- “Discovery in Bankruptcy Court” and “The Present Status of the Attorney-Client Privilege in Bankruptcy,” Practicing Law Institute, Complex Litigation in the Context of the Bankruptcy Laws, 1984
- An Overview of Consumer Bankruptcy Practice, Ohio State Bar Association, Deskbook, 1984
- “Overview of Procedures for Recovering Assets of Failed Financial Institutions,” American Bar Association Business Law Section, Annual Spring Meeting, 1991
- Bankruptcy and Workouts, “Protecting Unsecured Creditors,” Eastern Mineral Law Foundation Special Institute
- “Advising Financially Distressed Business Entities,” Cleveland Bar Association Annual Seminar (Co-author)
- “The Failed Corporation: Fraudulent Conveyance and Equitable Subordination Litigation,” Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
- “Ethical Considerations Involving Conflicts of Interest for the Bankruptcy Practitioner,” Midwest Regional Bankruptcy Seminar (Co-author and Faculty Member)
- “Bankruptcy Ethics: Conflicts of Interest,” Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
- “Real Estate Bankruptcies: Selected Issues,” Columbus Bar Association, Real Property Institute (Co-author and Faculty Member)
- “Statutory Overview of the Plan Process,” Midwest Regional Bankruptcy Seminar (Co-author and Faculty Member)
- “Representing the Consumer or Sole Proprietor in Liquidation,” Ohio Legal Center Institute, Bankruptcy
- “Debtor / Creditor Proceedings,” Mid-Ohio Lawyers Association Annual Meeting (Co-author)
- “The Business of Going Out of Business,” Midwest Regional Bankruptcy Seminar (Co-author and Moderator of Panel Discussion)
- “Bankruptcy Ethics: Conflicts of Interest,” Midwest Regional Bankruptcy Seminar
Professional Recognition
- Fellow, American College of Bankruptcy
- Best Lawyers in America, 1983-Present
- Best Lawyers in America, Central Ohio Litigator of the Year, 2012 and 2014
- Super Lawyers, 2004-2009, 2012-Present
- Super Lawyers – Top 50 Lawyers in Central Ohio, 2014
Affiliations and Civic Involvement
- Chairman of Bankruptcy/Commercial Transactions Department and Past Board Member of Bailey Cavalieri LLC
- Past Chairman, Arter & Hadden’s 28-member Commercial Transactions/ Bankruptcy Department for 20 years
- Past President, Columbus Bar Association
- Fellow, American College of Bankruptcy
- Past Chair, Bankruptcy Committee, Columbus Bar Association
- Past President, Legal Aid Society of Columbus
- Member, Business Bankruptcy Committee, American Bar Association
- Former Trustee, Columbus Bar Foundation
- Past Chair, Financial Institutions Committee, Columbus Bar Association
- Past Member, Council of Delegates, Ohio State Bar Association, 1980-1998
- Member, Litigation Section, American Bar Association
Nick currently serves as the Chairman of the Commercial Transactions and Bankruptcy group with extensive experience in commercial litigation, debtor/creditor rights, bankruptcy, corporate reorganization, and workouts. He has represented numerous financial institutions, creditors, debtors, and creditors’ committees in bankruptcy proceedings and workouts across a wide range of industries. Nick is a Fellow of the American College of Bankruptcy and has been recognized as one of the Best Lawyers in America for bankruptcy since 1983. He is a frequent lecturer and seminar contributor on bankruptcy, reorganization, commercial law, and lender liability.
Practice Areas
General Information
Education
- Ohio State University (B.A., B.S., 1970)
- Ohio State University (J.D., 1973)
Noteworthy Experience
- Chapter 11 Representations:
- Acting as lead debtor’s counsel in reorganization cases on behalf of:
- Irwin Mortgage Corporation (national mortgage lender and servicer which operated 169 production and satellite offices in 33 states)
- Steeplechase Village (single asset apartment complex)
- Baja Boats, Inc. (manufacturer of performance power boats)
- Colfor Manufacturing, Inc. (manufacturer and seller of forged parts used in the automotive industry)
- Genesis Worldwide, Inc. (publicly held manufacturer of steel handling equipment with 7 manufacturing facilities)
- Nationwise Automotive, Inc. (national retailer of automotive parts)
- Roberds, Inc. (publicly held national retailer of furniture, electronics, and appliances with 24 locations)
- Whitnam Oil & Gas Co., Inc. (publicly held oil and gas exploration and production)
- Tynes Chevrolet Cadillac (automobile dealership)
- Acting as creditors’ committee counsel in:
- Cook United, Inc. (national discount retailer), Chapter 11 counsel to the Official Debentureholders’ Committee
- Horizon PCS (telecommunications), Chapter 11 counsel to the Official Committee of Unsecured Creditors
- National Petroleum Corporation (oil and gas exploration pipeline, and production), counsel to the Official Committee of Unsecured Creditors
- Southern Air Transport, Inc. (air transportation of cargo), Chapter 11 counsel to the Official Committee of Unsecured Creditors
- Ormet Corporation (primary aluminum manufacturing), Chapter 11 co-counsel to the Official Committee of Unsecured Creditors
- SPECO Corporation (manufacturer of parts for defense industry), Chapter 11 counsel for Official Creditors’ Committee
- Wendy’s Food Systems, Inc., Chapter 11 counsel to the Official Committee of Unsecured Creditors
- Acting as counsel to other major creditors in other major Chapter 11 and Chapter 7 cases:
- Triad Resources, Inc. (counsel to lender secured in heavy equipment and drilling rigs)
- Ameristop Food Marts (counsel to agent bank in loans secured by all assets of gas stations/convenience store)
- Bush Leasing (lessor of vehicles to major trucking companies), counsel to major finance company with $50 million in leases to debtor
- Cardinal Industries, Inc. (manufacturer, builder, and owner of apartment complexes, motels) represented lenders, real estate, furnishing, and operating secured lenders.
- Federated Stores, Inc. (national department stores), counsel to various creditors, D&O carriers and governmental entities.
- Flxible Corporation (manufacturer of buses), special litigation counsel to chapter 7 trustee in litigation involving fraudulent conveyances and officer and director liability)
- Continental Airlines, Inc. (chapter 11 counsel to indenture trustee)
- Braniff International (chapter 11 counsel to airport authority)
- America West (chapter 11 counsel to airport authority)
- Western Exploration (oil and gas exploration and production company), represented numerous owners of production interests in litigation with chapter 11 trustee
Publications & Speaking Engagements
- Co-author, Banks and Thrifts: Regulatory Enforcement and Receivership Law, Matthew Bender, 1991
- “Discovery in Bankruptcy Court” and “The Present Status of the Attorney-Client Privilege in Bankruptcy,” Practicing Law Institute, Complex Litigation in the Context of the Bankruptcy Laws, 1984
- An Overview of Consumer Bankruptcy Practice, Ohio State Bar Association, Deskbook, 1984
- “Overview of Procedures for Recovering Assets of Failed Financial Institutions,” American Bar Association Business Law Section, Annual Spring Meeting, 1991
- Bankruptcy and Workouts, “Protecting Unsecured Creditors,” Eastern Mineral Law Foundation Special Institute
- “Advising Financially Distressed Business Entities,” Cleveland Bar Association Annual Seminar (Co-author)
- “The Failed Corporation: Fraudulent Conveyance and Equitable Subordination Litigation,” Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
- “Ethical Considerations Involving Conflicts of Interest for the Bankruptcy Practitioner,” Midwest Regional Bankruptcy Seminar (Co-author and Faculty Member)
- “Bankruptcy Ethics: Conflicts of Interest,” Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
- “Real Estate Bankruptcies: Selected Issues,” Columbus Bar Association, Real Property Institute (Co-author and Faculty Member)
- “Statutory Overview of the Plan Process,” Midwest Regional Bankruptcy Seminar (Co-author and Faculty Member)
- “Representing the Consumer or Sole Proprietor in Liquidation,” Ohio Legal Center Institute, Bankruptcy
- “Debtor / Creditor Proceedings,” Mid-Ohio Lawyers Association Annual Meeting (Co-author)
- “The Business of Going Out of Business,” Midwest Regional Bankruptcy Seminar (Co-author and Moderator of Panel Discussion)
- “Bankruptcy Ethics: Conflicts of Interest,” Midwest Regional Bankruptcy Seminar
Professional Recognition
- Fellow, American College of Bankruptcy
- Best Lawyers in America, 1983-Present
- Best Lawyers in America, Central Ohio Litigator of the Year, 2012 and 2014
- Super Lawyers, 2004-2009, 2012-Present
- Super Lawyers – Top 50 Lawyers in Central Ohio, 2014
Affiliations and Civic Involvement
- Chairman of Bankruptcy/Commercial Transactions Department and Past Board Member of Bailey Cavalieri LLC
- Past Chairman, Arter & Hadden’s 28-member Commercial Transactions/ Bankruptcy Department for 20 years
- Past President, Columbus Bar Association
- Fellow, American College of Bankruptcy
- Past Chair, Bankruptcy Committee, Columbus Bar Association
- Past President, Legal Aid Society of Columbus
- Member, Business Bankruptcy Committee, American Bar Association
- Former Trustee, Columbus Bar Foundation
- Past Chair, Financial Institutions Committee, Columbus Bar Association
- Past Member, Council of Delegates, Ohio State Bar Association, 1980-1998
- Member, Litigation Section, American Bar Association