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The Impact of Amended RPAPL § 749(3) on Commercial Tenant Bankruptcies

October 20, 2022
The New York Law Journal

This article discusses the potential for a debtor-tenant to assume a commercial lease after a warrant of eviction has been issued based upon an amendment to New York’s RPAPL § 749(3).

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Commerical Lease Assumption Under Chapter 11

August 2022
Commercial Leasing Law & Strategy
This article discusses the Bankruptcy Code’s deadline for a chapter 11 debtor to assume or reject a commercial lease.

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The Commercial Landlord’s Checklist for Tenant Bankruptcies, In Plain English

January 2022

Here is a summary prepared by Rubin LLC highlighting issues that a commercial landlord must consider if its tenant files a bankruptcy case.  You may want to save this for use as a handy reference guide..

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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