Cheryl C. Deshaies
Associate
Cheryl represents commercial creditor and debtor clients on issues including collections, loan restructurings, reorganizations and liquidations in and outside of state and federal court. She has experience defending and prosecuting preference actions in bankruptcy court and has represented Trustees and served as local counsel to the Official Committee of Unsecured Creditors recovering assets for the bankruptcy estate and investigating fraud. She also has experience defending against involuntary bankruptcy. In her Employment practice she provides risk management assistance on issues from hiring to firing and prepares and reviews personnel policies and practices including employee handbooks. She assists employers in defending against administrative complaints and represents employers and employees in negotiating separation agreements.
Department
Corporate
Areas of Practice
- Creditor Representation in and outside of Bankruptcy
- Commercial Debtor Representation in Voluntary and Involuntary Bankruptcy
- Loan Workouts in and outside of Bankruptcy
- Employer Risk Management
- Negotiation of Employment Separation Agreements for Employers and Employees
Representative Clients & Work
In her Bankruptcy practice Cheryl represents creditors of various sizes and sophistication, from small businesses and trade creditors to nationally recognized banks and finance companies. She also represents commercial debtors, whether in bankruptcy voluntarily or involuntarily, Bankruptcy Trustees, and has worked as local counsel for the Official Committee of Unsecured Creditors. In her Employment practice, Cheryl represents small to large private companies as well has high level employees. Recent representations include:
- Represented a construction company filed involuntarily into Chapter 7 bankruptcy successfully winning dismissal of the involuntary bankruptcy proceeding on the basis of the creditors' bad faith.
- Represented a Chapter 7 Trustee in bankruptcy recovering substantial sums for the bankruptcy estate for ultimate distribution to the unsecured creditors.
- Represented a private, individual commercial creditor in a collection matter resulting in substantial recovery for the unsecured creditor.
- Represented a high level employee negotiating an employment separation agreement resulting in a narrowing of the non-compete agreement originally requested and the provision of a letter of reference and severance pay.
Admissions
New Hampshire, U.S. District Court for New Hampshire including the United States Bankruptcy Court for New Hampshire.
Professional & Association Memberships
Member: American Bankruptcy Institute; American Bar Association and its Employment Law Section; New Hampshire Bar Association and its Employment Law Section.
Recognition
BV Rated in Martindale-Hubbell; Working toward Creditors' Rights Certification from the American Bankruptcy Institute.
Community Involvement
Adjunct Member: Advocacy Council of Girls, Inc. of Manchester New Hampshire
Career
- J.D. - Vermont Law School, 1997
- B.S. - University of New Hampshire, 1991
Recent Publications and Lectures
- Employers Beware: Recent U.S. Supreme Court Decision Adopts Liberal Standard Of What Constitutes Retaliation
- McLane, Graf, Raulerson & Middleton, Professional Association, Employment Law Practice Group Legislative And Administrative Update, June 2005.
- McLane, Graf, Raulerson & Middleton, Professional Association Client Alert, The Waiting Game is Over: Understanding the New Overtime Regulations, September 2004.
- McLane, Graf, Raulerson & Middleton, Professional Association, Employment Law Practice Group New Hampshire State Law Update, June 2004.
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