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Telephone: 212.390.8054
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Publications

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

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

The Pendulum Swings Again: The Assault on Secured Creditors – Part I: May/June 2010, Part II: July/August 2010

May-August 2010
ABF Journal
Paul Rubin co-authored this article which appeared in two parts in the ABF Journal with Howard Brod Brownstein. View

Heightened Pleading Standards Apply to Avoidance Complaints

November 2009
The Bankruptcy Strategist
Paul Rubin co authored this article about the standards that courts are requiring in preference and fraudulent transfer actions. The article discusses the added burdens placed on trustees seeking to assert such claims. View

Strategic Thinking for the Mezzanine Lender

October 2009
The American Bankruptcy Institute Journal View

How to Identify a Non-Statutory Insider

April 2009
The Bankruptcy Strategist
Paul Rubin and Hanh Huynh co-authored an article describing how the Third Circuit Court of Appeals’ decision in Winstar illustrates how critical it is for lenders and vendors to conform their conduct toward troubled companies so as to reduce their risk of being deemed non-statutory insiders. View

Small Players Can Make Big Differences In Large Bankruptcy Cases

June 18, 2007
Bloomberg’s Bankruptcy Law Reports
Paul Rubin writes about how seemingly minor players in bankruptcy actions can have a large impact on the process and outcome. View

Protecting Directors of Troubled Companies from Personal Liability

September 10, 2007
Bloomberg’s Bankruptcy Law Reports View

Hedge Funds: Privacy Considerations in Bankruptcy Proceedings

March 28, 2007
Complinet

Deepening Insolvency is Sinking Fast

December 2006 – January 2007
The Bankruptcy Strategist
Paul Rubin authors this article about a growing trend in the decisions of certain courts toward restricting or rejecting claims for deepening insolvency. View

Recharacterizing Debt: How the Third Circuit’s Decision in Submicron Systems Alters the Playing Field

March – April 2006
The Bankruptcy Strategist View

Liability for Refusing to Deliver an Assignment of Mortgage?

Summer 2005
Real Estate Finance Journal View

Deepening Insolvency

February 2005
The Bankruptcy Strategist, Vol. 22, Num. 4 View

May A Lender Collect Late Charges Together With Default Rate Interest?

Winter 2004
Paul A. Rubin
The Real Estate Finance Journal View

New Liability Under ‘Deepening Insolvency’

April 2004
American Bankruptcy Institute Journal
This article by Paul Rubin was cited by the court in In re Del-Met Corp., 322 B.R. 781 (Bankr. M.D.Tenn. 2005). View

Loan Servicer and Its Officers Protected in a Recent Case

April 2002
The Metropolitan Corporate Counsel View

Bankruptcy Chapter

2001
Paul A. Rubin N.J. Foreclosure Law & Practice, New Jersey Law Journal Books, Chapter 21 Bankruptcy
Paul Rubin authors a chapter on Bankruptcy in N.J. Foreclosure Law & Practice.

Bankruptcy Remote Clauses Are Not Ironclad

Spring 1998
New York Real Property Law Journal, Vol. 26, No. 2 View

Fleeting Hope For Single Asset Real Estate Debtors

April 1997
American Bankruptcy Institute Journal
This article by Paul Rubin was cited by the court in In re Crosscreek Apartments, Ltd., 213 B.R. 521 (Bankr. E.D.Tenn. 1997).

Applying the Freedom of Information Act’s Privacy Exemption to Requests for Lists of Names and Addresses

April 1990
58 Fordham Law Review 1033. This article was cited by the court in Aronson v. IRS, 767 R.Supp. 378, n.17 (D.Mass. 1991).

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