Mr. Crapo has extensive experience in the fields of bankruptcy, debtor/creditor law, commercial law, and equipment leasing. He represents debtors, secured lenders, creditors, landlords, governmental entities, non-debtor licensees of debtor’s intellectual property, bidders at bankruptcy sales, and trustees and other fiduciaries. His experience includes the negotiation and preparation of loan agreements and pleadings in connection with debtor-in-possession financing and/or use of the cash collateral of financial institutions and other lenders, as well as the analysis of commercial, corporate, and municipal bond transactions to assess bankruptcy and insolvency-related risks and to make recommendations for minimizing those risks. Mr. Crapo has also drafted numerous insolvency-related bankruptcy opinions in connection with corporate and municipal bond transactions and has authored and co-authored many articles on bankruptcy-related subjects.
Mr. Crapo, who holds an LL.M. in Health Law and Policy, also represents hospitals and other institutional healthcare providers, medical practices, lenders, bidders, insurers and insurance agencies, employers, and a pharmacy chain in connection with healthcare issues. His experience includes:
- drafting and updating HIPAA compliance manuals;
- advising on the impact of HIPAA, the HITECH Act, and the Breach Notification Rule on transactions;
- analyzing and drafting business associate agreements;
- evaluating and assisting in the structuring of transactions to meet the requirements of the Anti-Kickback Laws and the Stark law;
- revising medical staff bylaws to meet changes in the Joint Commission standards;
- preparing hospital access agreements and Medicare Advantage provider agreements; and
- representing creditors in healthcare bankruptcies and potential purchasers of the assets of healthcare related debtors.
He has written and spoken extensively on healthcare related issues and edited the newsletter of the Health Law Committee of the American Bankruptcy Institute.
Other Court Admissions — United States District Court for the District of New Jersey
United States District Court for the Southern District of New York
United States District Court for the Northern District of Texas
United States Bankruptcy Court for the District of New Jersey
United States Bankruptcy Court for the Southern District of New York
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Second Circuit
- Represented (2008 - 2011) a Merrill Lynch commercial financing company, a secured creditor, in the chapter 11 bankruptcy of In re New York Home Health Care LLC, et al., a group of affiliated businesses that provide equipment used in home healthcare. The case involved vigorously contested litigation concerning the relative priority of lien claims of various creditors to the debtors’ assets (particularly accounts receivable) and claims objections by the debtor. A plan of reorganization providing for payment in full of secured claims and the payment of a substantial dividend to unsecured creditors was confirmed. The case raised significant issues in both healthcare and bankruptcy law.
- Successfully defended a Federal Home Loan Mortgage Corporation in an avoidance action by a bankrupt mortgage broker, In re LiTenda Mortgage Corp., 246 B.R. 185 (Bankr. D.N.J. 2000). This ruling was upheld, on appeal by the District Court and the Third Circuit in unreported opinions.
- Represented the debtor In re Route 37 Associates, 987 F.2d 154 (3rd Cir. 1993), holding that a debtor may not segregate the unsecured deficiency claim of a mortgage from other general unsecured claims to create a friendly class of creditors to vote to accept a plan.