Nick V. Cavalieri, Member
Mr. Cavalieri is the Chairman of the Commercial Transactions and
Bankruptcy Section at Bailey Cavalieri LLC. Mr. Cavalieri is primarily
involved in commercial litigation, debtor/creditor rights, bankruptcy,
corporate reorganization and workouts. He has represented numerous
financial institutions with secured and unsecured claims, other secured
and unsecured creditors, debtors and creditors committees in bankruptcy
proceedings and workouts involving varied industries. Mr. Cavalieri is
a member and past Chair of the Bankruptcy Committee, a past member and
past Chairman of the Legislative Committee, a past member of the Board
of Governors, and the past President of the Columbus Bar Association.
He is a past member of the Board of Trustees and past President of the
Legal Aid Society of Columbus. He is also a past Trustee of the
Columbus Bar Association Foundation He is a frequent lecturer and
seminar contributor in the areas of bankruptcy, reorganization,
commercial law, and lender liability. He has co-authored, Banks and
Thrifts: Regulatory Enforcement and Receivership Law, Matthew Bender,
authored the Bankruptcy section of the Ohio State Bar Association
Deskbook and numerous articles and educational materials on commercial
law, bankruptcy, litigation and ethics. He has been included in Best
Lawyers in America since 1983 and is a fellow of the American College
of Bankruptcy.
Noteworthy Matters
- Represented publicly and privately owned debtors in various manufacturing, retail and service businesses in Chapter 11
- Represented publicly held and independent oil and gas development and production companies in Chapter 11 reorganization proceedings.
- Represented Chapter 11 trustee and consultant in the reorganization of a manufacturer of compact discs and data storage systems.
- Represented creditors' committees in reorganization proceedings of debtors in the electronics, oil and gas production, construction, manufacturing and equipment sales, retail book and fast food industries.
- Represented the FDIC and FSLIC in actions against former officers and directors in bankruptcy courts, and supervised and coordinated actions against former borrowers in Bankruptcy courts.
- Represented the SIPC in stockbroker/dealer liquidations.
- Represented the airport authority in TransWorld Airlines, AmericaWest and Braniff International airline bankruptcy cases.
- Represented major secured commercial lenders and lessors in Chapter 11 reorganization proceedings.
- Represented numerous financial institutions in workout situations.
- Represented numerous financial institutions in threatened and/or filed lender liability actions.
- Defended officers and directors in actions by former minority shareholders.
- Appointed as Examiner in Chapter 11 of corporate owner and operator of nursing homes.
- Defend numerous creditors in preference and fraudulent conveyance avoidance actions.
Memberships and Community Involvement
- Chairman of Bankruptcy/Commercial Transactions Department and Board Member of Bailey Cavalieri
- 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
Honors/Awards
- Best Lawyers in America, 1983-2007
Publications and Presentations
- 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, May, 1990 (Co-author)
- "The Failed Corporation: Fraudulent Conveyance and Equitable Subordination Litigation," Columbus Bar Association Bankruptcy Law Institute, May, 1991 (Co-author and Faculty Member)
- "Ethical Considerations Involving Conflicts of Interest for the Bankruptcy Practitioner," Mid-west Regional Bankruptcy Seminar, August, 1991 (Co-author and Faculty Member)
- "Bankruptcy Ethics: Conflicts of Interest," Columbus Bar Association Bankruptcy Law Institute, 1991 (Co-author and Faculty Member)
- "Real Estate Bankruptcies: Selected Issues," Columbus Bar Association, Real Property Institute, 1992 (Co-author and Faculty Member)
- "Statutory Overview of the Plan Process," Midwest Regional Bankruptcy Seminar, 1993 (Co-author and Faculty Member)
- "Representing the Consumer or Sole Proprietor in Liquidation," Ohio Legal Center Institute, Bankruptcy, 1981
- "Debtor / Creditor Proceedings," Mid-Ohio Lawyers Association Annual Meeting, 1994 (Co-author)
- "The Business of Going Out of Business," Midwest Regional Bankruptcy Seminar, 1996 (Co-author and Moderator of Panel Discussion)
- "Bankruptcy Ethics: Conflicts of Interest," Midwest Regional Bankruptcy Seminar, 2000.
