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).
Commercial 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.
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.
Open Questions Regarding Disallowance Under Section 502(d)
June 2020
The Bankruptcy Strategist
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.
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.
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.
The Unsecured Creditor's Claim for Post-Petition Attorney's Fees Based on a Pre-Petition Contract
February 2019
Rubin LLC Alert
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.
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).
Ten Suggestions for a Successful Mediation
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).
Is There Standing to Prosecute Fraudulent Transfer Claims if Unsecured Creditors Have Been Fully Paid?
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.
Not Every Ipso Facto Clause is Unenforceable in Bankruptcy
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.
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
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
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 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.
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.
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).
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
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
Bloomberg's Bankruptcy Law Reports
Hedge Funds: Privacy Considerations in Bankruptcy Proceedings
March 28, 2007
Complinet
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.
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
Real Estate Finance Journal
Deepening Insolvency
February 2005
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'
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).
Loan Servicer and Its Officers Protected in a Recent Case
April 2002
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
New York Real Property Law Journal, Vol. 26, No. 2
Fleeting Hope For Single Asset Real Estate Debtors
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).
Applying the Freedom of Information Act's Privacy Exemption to Requests for Lists of Names and Addresses
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).