Noah Weingarten

Selected Lender Litigation Engagements:

• Obtained near complete dismissal of claims on summary judgment against property owner, including claims for fraud, tortious interference with contract, tortious interference with contractual relations and anticipatory breach.
• Represent administrative agent in connection with investigation of asset-based loan fraud and prosecution of highly complex fraudulent transfer litigation.
• Represented foreclosing lender and obtained order deeming leasehold interest to be terminated following lender’s foreclosure based on novation argument.
• Represented bank and obtained $5 million judgment in connection with claims for breach of note and guaranty, and liquidation of collateral.
• Represented asset-based lender and obtained complete dismissal of lender liability claims.
• Obtained complete dismissal of lender liability claims in connection with breach of non-binding term sheet.
• Represented lender in connection with lender liability claims related to use of alleged overdraft facility.
• Represented Morgan Stanley as mortgage lender on three defaulted mortgage loans aggregating $55 million extended to affiliate borrowers that were collateralized by three apartment complexes in Houston, Texas. Loeb successfully obtained dismissal of all three bankruptcy filings in a seven-week period and obtained an order preventing a bankruptcy filing for 180-days so that Morgan Stanley could complete its foreclosure.
• Represented secured lenders in providing DIP financing in bankruptcy cases ranging from $5 million to $50.

Bankruptcy Avoidance Litigation Engagements:

• Counsel to preference target in the SmileDirectClub bankruptcy and obtained settlement of $2 million claim based on strong ordinary course and subsequent new defenses.
• Counsel to preference target in the Jenny Craig bankruptcy and obtained dismissal of $1.6 lawsuit for complete walk away.
• Counsel for Brian Ryniker in his capacity as the litigation administrator of the estate of Décor Holdings, Inc. et al. Prosecuted preference and fraudulent transfer claims, including multiple appeals.  
• 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 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 setoff of administrative expense claim. 
• 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.
• 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.

Selected Bankruptcy Engagements:

• Counsel for Alcon Media Group in connection with its successful 363 purchase in which it acquired the film library of Village Roadshow Entertainment Group, a leading global entertainment company, for $417.5 million.
• Counsel for foreign representative in Chapter 15 proceeding and successfully obtaining recognition of an insolvency proceeding in Russia.
• 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.
• Represented corporate debtor in Chapter 7 and obtained settlement of pre-petition derivative claims against director and officer.
• Represented landlord in obtaining dismissal of bankruptcy case and obtaining possession of real property.
• Represented unsecured lender in obtaining denial of discharge and denial of dischargeability of certain debts.
• Represented debtor in connection with obtaining order from bankruptcy court enforcing plan and plan confirmation order and enjoining pre-petition state court litigation.
• Represented unsecured creditor in the Big Lots bankruptcy.
• Represented unsecured creditor in the Dean Foods bankruptcy.