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Not Every Ipso Facto Clause is Unenforceable in Bankruptcy

August 2013
American Bankruptcy Institute Journal
This article by Paul Rubin was featured on the cover of the August 2013 issue of the American Bankruptcy Institute Journal. View

Court to Reassess Severance Payment As Part of Reorganization Plan

June 24, 2013
New York Law Journal–Corporate Restructuring and Bankruptcy Special Section
Paul Rubin and Hanh Huynh co-authored an article describing creative efforts to circumvent the Bankruptcy Code’s prohibition against excessive severance payments. View

A Lesson about a Secured Lender’s Claim for Attorneys’ Fees

April 2013
American Bankruptcy Institute Journal
Paul Rubin co-authored the article “A Lesson about a Secured Lender’s Claim for Attorneys’ Fees”, which examines the ramifications of the bankruptcy court’s decision in In re Latshaw Drilling LLC. The bankruptcy court allowed an oversecured lienholder/administrative agent to recover a significant portion of its attorneys’ fees even though the lender forced a healthy borrower into bankruptcy after the lender breached its funding commitment. View

Viewpoint: Contract Counterparties Facing Sales Must Be Vigilant

January 8, 2012
Dow Jones
Paul Rubin co-authored this Dow Jones article, which provides advice to non-debtor parties regarding how they can enforce their rights to collect payments due under their contracts and otherwise protect themselves so that they aren’t blind-sided. View

Disagreement over Absolute Assignments of Rents Reappears

September 2012
The Bankruptcy Strategist
During the real estate downturn of the early 1990s, courts in the Southern and Eastern Districts of New York disagreed over the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors could spend property rents to support their reorganization efforts despite such assignments. During the current downturn, two Southern District judges held that debtors are prevented from spending such rents because they had executed absolute assignments. View

Case Study: In Re Northstar Development

May 2, 2012
Law360
Paul Rubin co-authored this Law360 case study, which discusses how even the best laid strategies can return to haunt the insiders of a debtor. View

Foreclosure Sale of Non-Debtor’s Property Voided as Violation of Automatic Stay

December 2011
Real Estate Finance Journal
Paul Rubin authored the article “Foreclosure Sale of Non-Debtor’s Property Voided as Violation of Automatic Stay.” which discusses a New York bankruptcy court’s decision to void the foreclosure sale of non-debtor property where the debtor filed for bankruptcy with no legitimate intent to reorganize. View

The Long View Following In re Longview Aluminum

November 2011
Bankruptcy Law360’s Expert Analysis
Paul Rubin and Hanh Huynh wrote the article “The Long View Following In re Longview Aluminum,” which examines the increase in bankruptcy preference lawsuits in which plaintiffs allege that defendants are insiders of the debtor and are therefore required to disgorge payments received within a year of the debtor’s filing for protection. View

Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit: The Plight of the Innocent Investor

October 2011
The Bankruptcy Strategist
In the article “Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit: The Plight of the Innocent Investor” Paul Rubin discusses how Ponzi scheme victims sued by bankruptcy trustees in clawback lawsuits—such as the Madoff cases—should be entitled to credit for money that they re-invested with the scam artist before the fraud is uncovered. View

Absolute Assignments of Rents Survive Filings

February 2011
American Bankruptcy Institute Journal
Paul Rubin authored the article “Absolute Assignments of Rents Survive Filings.” This feature article suggests ways lenders can counter recent bankruptcy court decisions that effectively void absolute assignments of rents in bankruptcy. This article was cited approvingly and its reasoning was adopted in In re Builders Grp. & Dev. Corp., 502 B.R. 95, 116-17, (Bankr.D.Puerto Rico 2013) and In re Madison Heights Group, LLC, 2014 WL 1075809, *4 (Bankr.E.D.Mich. 2014). View