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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

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