Not Every Ipso Facto Clause
This article by Paul Rubin was featured on the cover of the August 2013 issue of the American Bankruptcy Institute Journal.
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.
A Lesson about a Secured Lender’s Claim for Attorneys’ Fees
April 2013
American Bankruptcy Institute Journal – April 2013
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.
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.
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.
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.
Foreclosure Sale of Non-Debtor’s Property Voided as Violation of Automatic Stay
December 2011
Paul A. Rubin
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.
The Long View Following In re Longview Aluminum
November 2011
Bankruptcy Law360’s Expert Analysis
Paul Rubin and Hanh Huynh wrote this 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.
Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit: The Plight of the Innocent Investor
October 2011
Paul A. Rubin
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.
Absolute Assignments of Rents Survive Filings
February 2011
Paul A. Rubin
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).
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.
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.
Strategic Thinking for the Mezzanine Lender
October 2009
The American Bankruptcy Institute Journal
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.
Small Players Can Make Big Differences In Large Bankruptcy Cases
June 18, 2007
Paul A. Rubin
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.
Protecting Directors of Troubled Companies from Personal Liability
September 10, 2007
Paul A. Rubin
Bloomberg’s Bankruptcy Law Reports
Hedge Funds: Privacy Considerations in Bankruptcy Proceedings
March 28, 2007
Paul A. Rubin
Complinet
Deepening Insolvency is Sinking Fast
December 2006 – January 2007
Paul A. Rubin
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.
Recharacterizing Debt: How the Third Circuit’s Decision in Submicron Systems Alters the Playing Field
March – April 2006
The Bankruptcy Strategist
Liability for Refusing to Deliver an Assignment of Mortgage?
Summer 2005
Paul A. Rubin
Real Estate Finance Journal
Deepening Insolvency
February 2005
Paul A. Rubin
The Bankruptcy Strategist, Vol. 22, Num. 4
May A Lender Collect Late Charges Together With Default Rate Interest?
Winter 2004
Paul A. Rubin
The Real Estate Finance Journal
New Liability Under ‘Deepening Insolvency’
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).
Loan Servicer and Its Officers Protected in a Recent Case
April 2002
Paul A. Rubin
The Metropolitan Corporate Counsel
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
Paul A. Rubin
New York Real Property Law Journal, Vol. 26, No. 2
Fleeting Hope For Single Asset Real Estate Debtors
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).