Chapter 11 Bankruptcy
Mr. Rubin has extensive experience representing a broad range of parties in Chapter 11 cases across the country,
including, for instance, debtors, secured and unsecured creditors, DIP lenders, trustees, investors in distressed
debt, title insurers, and landlords. He has advised clients regarding contested plan confirmation, preference and
fraudulent conveyance actions, challenges to liens, cash collateral disputes, involuntary bankruptcy litigation,
true lease and true sale issues, recharacterization of debt to equity, potential liability of directors and officers
of insolvent companies, and substantive consolidation.
Out of Court Workouts & Corporate Restructuring
Filing for bankruptcy can be prohibitively expensive and doom a company to liquidation, especially in light of the
magnitude of administrative expenses typically associated with commercial chapter 11 cases. It is often sensible for
a troubled company and its largest creditors avoid protracted litigation by negotiating an out-of-court restructuring
that helps preserve the company's chances of survival while satisfying the creditors' concerns. Mr. Rubin has represented
both troubled companies and lenders in out-of-court workouts of distressed debt.
It has become increasingly common for distressed companies to utilize the bankruptcy courts as a vehicle through which to sell
their assets as a going concern. As a result, opportunities are created for the discerning investor. Paul Rubin has successfully
guided distressed asset purchasers, including hedge funds and real estate developers, who have acquired assets and
businesses by serving as stalking horse or competing bidders in sales conducted by debtors and bankruptcy trustees.
Paul Rubin has represented lenders, loans servicers, investment funds, title underwriters, real estate developers, manufacturers,
service providers and other parties in a wide variety of commercial cases in state and federal courts and in arbitrations
before the American Arbitration Association and JAMS. These cases have included among other things, lender liability claims,
contract, real estate and brokerage disputes, control over religious corporations, claims under title insurance policies and
the Perishable Agricultural Commodities Act, and debt collection. Mr. Rubin has briefed and argued appeals in the First and
Second Departments of New York's Appellate Division, and in federal circuit courts of appeal.
As litigation has proliferated in the bankruptcy courts, mediation has developed into an important tool that judges rely
upon to resolve large numbers of cases pending before them. Mr. Rubin is a certified mediator on the panel of mediators for
the United States Bankruptcy Courts for the Southern and Eastern Districts of New York and for the District of Delaware.
He has served as a mediator in cases pending in New York, Delaware, New Jersey, and Indiana arising out of the bankruptcy
cases of, among others, the Borders Group, Dewey & LeBoeuf LLP, the RG Steel companies, Furniture Brands, Coda Automotive, Inc.,
Gaspari Nutrition, Inc., and Sizmek, Inc. Many of these lawsuits have involved preference, fraudulent transfer and other
avoidance causes of action. Mr. Rubin has also served as a mediator for litigation pending in the Commercial Division of
the Supreme Court for the State of New York, New York County. Based upon his experience in mediations involving cases pending
in bankruptcy and federal court, Mr. Rubin understands that an effective mediator must be patient, persistent, listen carefully
to the parties, understand their interests and approach each case with an open mind.