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David N. Crapo
Counsel
Newark, NJ
Counsel
Newark, NJ
David’s practice includes bankruptcy, healthcare, data privacy and security, debtor/creditor law, commercial law, and equipment leasing. In bankruptcy, debtor/creditor, commercial, and equipment leasing matters, he represents debtors, secured lenders, creditors, landlords, governmental entities, equipment lessors, non-debtor licensees of debtors’ 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. David 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. David, 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. He has served as the Patient Care Ombudsman in a number of healthcare bankruptcies. His experience includes:
David has been awarded the designation of Certified International Privacy Professional – US. He has written and spoken extensively on healthcare related issues, particularly in the area of data privacy and security. He has also edited the newsletter of the Health Law Committee of the American Bankruptcy Institute.
Results may vary depending on your particular facts and legal circumstances.
Consumer Privacy Ombudsman in the Things Remembered Bankruptcy
Counsel to Hon. James R. Zazzali (ret.) in his capacity as Independent Trustee for International Academy of Trenton Charter School
Patient Care Ombudsman in the bankruptcy of Mercy Hospital in Chicago
Patient Care Ombudsman in the bankruptcy cases of two systems of behavioral and mental health facilities: EBH Topco and American Addiction Centers
Patient Care Ombudsman in the Chapter 11 bankruptcy case filed by North Philadelphia Health System (NPHS) in the United States Bankruptcy Court for the Eastern District of Pennsylvania. NPHS operates behavioral and mental health facilities in an underserved and disadvantaged section of Philadelphia.
Patient Care Ombudsman for the skilled nursing and assisted living facilities operated by Hebrew Hospital Senior Housing, Inc., which is currently a debtor in a bankruptcy case pending before the United States Bankruptcy Court for the Southern District of New York.
Representation of the Patient Care Ombudsman in the St. Francis Hospital Poughkeepsie bankruptcy.
Representation (2008 – 2011) of 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 was confirmed providing for payment in full of secured claims and payment of a substantial dividend to unsecured creditors. The case raised significant issues in both healthcare and bankruptcy law.
Successful defense of 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.
Representation of 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.
Substantial updating of the HIPAA privacy and security manuals and preparation of a Breach Notification Rule manual for a chain pharmacy, and preparation of similar manuals for an insurance agency that places and administers health insurance policies.
Revision of a client hospital’s medical staff by-laws to comply with the revised Joint Commission Standards.
Review and analysis of a proposed acquisition by a multi-specialty physician group of another physician practice group to ensure compliance with the federal Anti-Kickback Statute and Stark Law.
Analysis of the bankruptcy implications of the restructuring of a $121 million leveraged buy-out (LBO) of Simplicity Patterns Co., Inc., on behalf of Midlantic National Bank (now PNC Bank, N.A.), a participant in the LBO financing.
Provision of bankruptcy and insolvency-related opinions in connection with public financing transactions for:
Member of the corporate/insolvency team handling the rehabilitation and liquidation proceedings of Mutual Benefit Life Insurance Company.
Representation of the Pollution Control Financing Authority of Warren County, New Jersey in the jointly administered bankruptcy cases of Covanta Energy Corporation and its affiliates (Bankr. S.D.N.Y.)
Seton Hall University School of Law, LL.M., Health Law and Policy
University of Houston Law Center, J.D., with honors
Boston College, A.B., summa cum laude
University of Wisconsin, M.A.
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 District Court for the Southern District of Texas
United States District Court for the District of Colorado
United States Bankruptcy Court for the District of New Jersey
United States Bankruptcy Court for the Southern District of New York
United States Bankruptcy Court for the Northern District of Texas
United States Bankruptcy Court for the Southern District of Texas
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Second Circuit
Awarded the designation of Certified International Privacy Professional — US by the International Association of Privacy Professionals on January 4, 2016
Recognized by Best Lawyers®, 2026 Edition: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation – Bankruptcy; Health Care Law
Included on the Chambers USA Guide to America’s Leading Lawyers for Business list, Bankruptcy/Restructuring
Included on the New Jersey Super Lawyers list, Bankruptcy: Business
Included on the New Jersey Super Lawyers Rising Stars list, Bankruptcy: Business, 2008
Member, International Association of Privacy Professionals
New Jersey Bankruptcy Lawyers Foundation
Trustee
Newbridge Services
Trustee
American Bankruptcy Institute
Health Law
Secured Transactions
Bankruptcy Taxation
American Health Law Association
Vice Chair – Publishing, Enterprise Risk Management Affinity Group, 2020-2022
Member of the following Practice Groups:
Behavioral Health
Business Law & Governance
Health Information & Technology
Hospitals and Health Systems
New Jersey State Bar Association
Bankruptcy Law and Health Law Sections
Lecturer, Bench Bar Conference of the Bankruptcy Law Section (on tax related issues in bankruptcy)
State Bar of Texas
ABA Taxation Division
Lecturer
Essex County Bar Association
Lecturer, Creditor/Debtor Committee
Law Education Institute, Inc.
Lecturer, National CLE Conference in Colorado, January 2002 (on bankruptcy-remote entities)