Rubin LLC  Paul A. Rubin, Publications
Publications


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).


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.


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.


June 2020
The Bankruptcy Strategist


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.


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.


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.


February 2019
Rubin LLC Alert


September 2017
The Bankruptcy Strategist
Paul Rubin and Hanh Huynh address considerations for borrowers' counsel who issue non-consolidation opinion letters.


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).


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).


June 2014
The Bankruptcy Strategist
Paul Rubin co-authored this article that appeared on the cover of the June 2014 issue of The Bankruptcy Strategist.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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).


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


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.


October 2009
The American Bankruptcy Institute Journal


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.


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.


September 10, 2007
Bloomberg's Bankruptcy Law Reports


March 28, 2007
Complinet


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.


March - April 2006
The Bankruptcy Strategist


Summer 2005
Real Estate Finance Journal


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


Winter 2004
Paul A. Rubin
The Real Estate Finance Journal


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).


April 2002
The Metropolitan Corporate Counsel


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.


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


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).


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).