Judge James G.Mixon of the Bankruptcy Court of the Western District of Arkansas in his written opinion in the bankruptcy case of In re O’Neal cited an article written by Andrew Balbus and quoted a portion of that article in holding that the absolute priority rule did not apply to individual debtors in Chapter 11, a position Andrew Balbus has argued in several recent articles in scholarly journals. Judge Mixon’s opinion can be found at: In re O’Neal, 490 B.R. 837 (Bankr. W.D. Ark. 2013) or online at http://www.arb.uscourts.gov/orders-rules-opinions/opinions/mixon/O’Neal.pdf. The reference to Andrew Balbus’s article can be found at page 23 of that opinion. The article that influenced the opinion by Judge Mixon is: Andrew G. Balbus, “Continued Disagreements Over the Application of the Absolute Priority Rule to Individuals in Chapter 11: Friedman and Maharaj,” 21 Norton Bankr. L. & Prac. 755, 761 (2012), see below.
“Income Tax Refunds as Property of the Estate,” Norton Annual Survey of Bankruptcy Law, Volume 2018, Issue 2018, September 2018.
“Two More Circuits Find the Absolute Priority Rule Applicable to Individuals in Chapter 11: Stephens and Lively, 22 Norton J. Bankr. L. & Practice, Issue 6, published in the December 2013 issue of the Norton Journal of Bankruptcy Law & Practice.
“Making the Most of the Initial Consultation” chapter in “Chapter 7 Consumer Bankruptcy Strategies: Leading Lawyers on Communicating with Clients, Evaluating Alternatives, and Understanding the Current Consumer Bankruptcy Climate (Inside the Minds)”, Aspatore Books, June 2013.
“Continued Disagreement Over the Application of the Absolute Priority Rule to Individuals in Chapter 11: Friedman and Maharaj”, 21 Norton J. Bankr. L. & Practice, Issue 6, published in the December 2012 issue of the Norton Journal of Bankruptcy Law & Practice.
“Sections 1115 and 1129(b)(2)(B) – Possible Exceptions to the Application of the Absolute Priority Rule”, 21 Norton J. Bankr. L. & Practice, Issue 3, updating the Absolute Priority Rule article below for decisions reported during 2011, published in the June 2012 Norton Journal of Bankruptcy Law & Practice.
“Does the Absolute Priority Rule Apply to Individuals in Chapter 11?”, 20 J. Bankr. L. & Practice 1 Art. 4, published in the January 2011 issue of the Norton Journal of Bankruptcy Law & Practice.
ARTICLES ABOUT BALBUS LAW FIRM
“Area Attorney Offers Bankruptcy Program,” Voices Newspaper, April 24, 2013
“Andrew Balbus, a Bankruptcy Lawyer with a mission to help,” Danbury’s Hamlet Hub, April 25, 2013
“What’s Worse Debt or Bankruptcy?” NewsTimes, February 17, 2012