Noah Weingarten provides sophisticated advice on complex bankruptcy and restructuring matters to a wide range of clients, including debtors-in-possession, secured and unsecured creditors, landlords, board members and other key stakeholders. Noah also maintains a commercial and bankruptcy litigation practice, advising clients in a variety of industries, with a particular emphasis on bankruptcy avoidance litigation and media and entertainment disputes.
Selected Debtor and Estate Engagements:
- Counsel for QuadraMed Corporation, a creator of premium electronic health records software (EHR), in Verity Health System of California, Inc.’s Chapter 11 cases. Prosecuted $12 million administrative expense claim based on debtors’ post-petition copyright infringement arising from unauthorized assignment and use of EHR software. Defended $1.3 million preference claim, including asserting sophisticated “ordinary course,” “subsequent new value,” “contemporaneous exchange,” and “mere conduit” defenses. Obtained favorable settlement in complex mediation of preference claim and administrative expense claim. Successfully negotiated setoff of administrative expense claim (where administrative expense claims were to be paid only 15%).
- Counsel for Picis Clinical Solutions, Inc. a creator of premium electronic health records software (EHR), in Verity Health System of California, Inc.’s Chapter 11 cases. Obtained complete pre-answer dismissal of preference claim through detailed and highly technical “ordinary course” and “subsequent new value” analyses.
- Counsel for ACCEO Solutions, Inc., a creator of middleware payment technology and software, in J & M Sales, Inc. and National Stores’ bankruptcy case that was converted to Chapter 7. Successfully negotiated favorable pre-answer settlement of preference claim. Attended mediation and obtained significant reduction of claim based on assumption of contract, “ordinary course,” “subsequent new value,” “contemporaneous exchange,” and “mere conduit” defenses.
- Counsel for Sarar USA, a retailer of high-end men’s apparel, in a chapter 11 proceeding designed to right-size its 17-store brick and mortar footprint. Successfully negotiated and obtained confirmation of consensual chapter 11 plan, which enabled the company to emerge from bankruptcy with a leaner footprint and a stronger balance sheet.
- Counsel for Absolut Facilities Management, the operator of a chain of skilled nursing and assisted living facilities in New York State, as debtors in their chapter 11 cases. Successfully advised the company through complex disputes involving the company’s multiple layers of secured indebtedness and landlords, to consummate a successful sale of the company’s assets as a going concern, saving the jobs of the company’s approximately 1,000 employees.
- Represented largest unsecured creditor in J. Crew’s chapter 11 cases. Contested confirmation of J. Crew’s chapter 11 plan.
- Represent Big Four accounting firm and other professional services firms in in connection with the bankruptcy cases of OneWeb Global Limited.
- Benjamin N. Cardozo School of Law, Yeshiva University, J.D., magna cum laude, Order of the Coif, Staff Editor, Cardozo Journal of Conflict Resolution
- Columbia University, B.A.
- Jewish Theological Seminary, Rabbinics / Talmud, B.A.
- U.S. Court of Appeals, Second Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- New York
- Associate Member, Committee on Professional Ethics, Association of the Bar of the City of New York (2018-2019)