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Open Questions Regarding Disallowance Under Section 502(d)

June 2020
The Bankruptcy Strategist

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First Department Enforces Repurchase Provision In Bankruptcy Claims Purchase Agreement

December 2019
Rubin LLC Alert
In a victory for claims traders, the First Department reversed the lower court and reinstated the complaint of Rubin LLC’s client, holding that a repurchase obligation in a bankruptcy claim assignment agreement is enforceable.

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Involuntary Petition Damages

September 2019
ABI Journal
This article by Paul Rubin and Hanh Huynh describes the types of damage awards available to companies victimized by bad faith filings of involuntary bankruptcy petitions.

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Preference Attacks to Recover Prepetition Compensation Paid to Consultants of Troubled Companies

April 2019
The Bankruptcy Strategist
This article by Paul Rubin and Hanh Huynh discusses preference attacks seeking to recover prepetition compensation paid to consultants of troubled companies.

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The Unsecured Creditor’s Claim for Post-Petition Attorney’s Fees Based on a Pre-Petition Contract

February 2019
Rubin LLC Alert

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Substantive Non-Consolidation Opinion Letters

September 2017
The Bankruptcy Strategist
Paul Rubin and Hanh Huynh address considerations for borrowers’ counsel who issue non-consolidation opinion letters.

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When is Mediation Appropriate, and Must a Mediator Be Retained Pursuant to Bankruptcy Code § 327(a)?

Februrary 2016
The Bankruptcy Strategist
This article by Paul Rubin discusses the ramifications of the decision of the court in In re Smith, 524 B.R. 689 (Bankr. S.D.Tex. 2015).  View

Ten Suggestions for a Successful Mediation

November 2014
American Bankruptcy Institute Journal
Paul Rubin authored this article that appeared in the November 2014 issue of The American Bankruptcy Institute Journal.  A sitting bankruptcy judge cited this article as recommended reading in The “M” Word: Mediation Musings, XXXIV ABI Journal 11, p.26, fn. 1 (2015). View

Is There Standing to Prosecute Fraudulent Transfer Claims if Unsecured Creditors Have Been Fully Paid?

June 2014
The Bankruptcy Strategist
Paul Rubin co-authored this article that appeared on the cover of the June 2014 issue of The Bankruptcy StrategistView

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