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Publications | Presentations | Professional Memberships | Languages
After law school, Jason Kilborn clerked for Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit. He then was a bankruptcy associate with Cleary, Gottlieb, Steen & Hamilton in New York and at Wilmer, Cutler & Pickering in Washington, D.C. Professor Kilborn taught for six years at Louisiana State University, and as a visiting assistant professor at the law schools at the University of North Dakota, Chapman University, and the University of Texas. In his scholarship, Professor Kilborn has developed a specialization in the comparative analysis of legal regimes for combatting consumer financial distress. He has written several pioneering articles and a book examining the developing consumer insolvency systems in Germany, France, Belgium, Luxembourg, the Netherlands, Austria, Sweden, and Denmark, and he has presented papers on the subject at several national and international conferences. Two of Professor Kilborn's articles have been translated into Spanish and Portuguese in connection with law reform efforts in South America, he recently published a solicited article in the Italian business newspaper Il Sole 24 Ore on consumer debt and insolvency reform in Italy, and he has been invited to consult with the Hungarian Ministry of Justice on the development of its new consumer insolvency law. Professor Kilborn's latest book, a co-authored work on international cooperation in cross-border business bankruptcy, was recently published by Oxford University Press.
Professor Kilborn joined the John Marshall faculty in 2007 and teaches Secured Transactions, Bankruptcy, Payment Systems, and Corporations.
Professor Kilborn's home page
Full Curriculum Vitae
Publications: Books
International Cooperation In Bankruptcy and Insolvency Matters: On the Origins, Development and Future of Communication and Cooperation In Cross-Border Insolvency Cases (with Bob Wessels & Bruce Markell) (Oxford University Press 2009), http://www.oup.com/us/catalog/general/subject/Law/BankruptcyInsolvency/?view=usa&ci=9780195340174, for an excerpt, see http://ssrn.com/abstract=1305320
Comparative Consumer Bankruptcy (Carolina Academic Press 2007), http://www.cap-press.com/books/1534
Louisiana Security Devices-A Précis (Carolina Academic Press 2006), http://www.cap-press.com/books/1536
The Challenges of Insolvency Law Reform in the 21st Century - Facilitating Investment and Recovery to Enhance Economic Growth (Henry Peter, Nicolas Jeandin & Jason Kilborn eds., Schulthess Verlag: Zurich, Switzerland, 2006), http://www.schulthess.com/de/suche/detail.cfm?AR_ID=44398
Publications: Articles
Bankruptcy Law, in Western Research In the Humanities and Social Sciences: Jurisprudence (_______ trans., Hong Lu & Bin Liang eds., forthcoming China Renmin University Press 2010) [in Chinese, 《西方人文社科前沿述评》丛书]
Twenty-Five Years of Consumer Bankruptcy in Continental Europe: Internalizing Negative Externalities and Humanizing Justice in Denmark, 18 Int'l Insolvency Rev. ___ (forthcoming 2009), http://ssrn.com/abstract=1419488
Bankruptcy Law, in Governing America: Major Policies And Decisions Of Federal, State, And Local Government (Paul J. Quirk & William Cunion eds., forthcoming Facts on File 2009), http://ssrn.com/abstract=1302388
Two Decades, Three Key Questions, and Evolving Answers in European Consumer Insolvency Law: Responsibility, Discretion, and Sacrifice, in Consumer Credit, Debt and Bankruptcy: Comparative and International Perspectives (Johanna Niemi, Iain Ramsay & William Whitford eds., Hart Publishing 2009), http://ssrn.com/abstract=1080252
Cause and Effect: Consumer Insolvency and the Eroding Social Safety Net, 14 Columbia J. European L. 563 (2008), http://ssrn.com/abstract=926203
Out with the New, In with the Old: As Sweden Aggressively Streamlines Its Consumer Bankruptcy System, Have U.S. Reformers Fallen Off the Learning Curve?, 80 Am. Bankr. L.J. 435 (2007) [peer reviewed], http://ssrn.com/abstract=913096
Continuity, Change, and Innovation in Emerging Consumer Bankruptcy Systems: Belgium and Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), http://ssrn.com/abstract=690802
The Hidden Life of Consumer Bankruptcy Reform: Danger Signs for the New U.S. Law From Unexpected Parallels in the Netherlands, 39 Vand. J. Transnat'l L. 77 (2006), http://ssrn.com/abstract=772705
Behavioral Economics, Overindebtedness, and Comparative Consumer Bankruptcy: Searching For Causes and Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), http://ssrn.com/abstract=690826
La Responsabilisation de l'Economie: What the United States Can Learn From the New French Law on Consumer Overindebtedness, 26 Mich. J. Int'l L. 619 (2005), http://ssrn.com/abstract=703961
The Innovative German Approach to Consumer Debt Relief: Revolutionary Changes in German Law, and Surprising Lessons for the United States, 24 Nw. J. Int'l L. & Bus. 257 (2004) http://ssrn.com/abstract=452620
Mercy, Rehabilitation, and Quid Pro Quo: A Radical Reassessment of Individual Bankruptcy, 64 Ohio State L.J. 855 (2003)
Who's In Charge Here?: Putting Clients In Their Place, 37 Georgia L. Rev. 1 (2002)
Thou Canst Not Fly High With Borrowed Wings: Airline Finance and Bankruptcy Code Section 1110, 8 Geo. Mason L. Rev. 41 (1999)
Note, Securing Russia's Future: A Plea for Reform in Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996)
Publications: Electronic
Invited guest blogger on Credit Slips, http://www.creditslips.org, February 16, - March 20, 2009
Permanent contributor to Commercial Law blog, http://www.ucclaw.blogspot.com
Invited guest blog posts on Credit Slips, http://www.creditslips.org, April 2-6, 2007 (Welcome to Jason Kilborn: http://www.creditslips.org/creditslips/2007/04/welcome_to_jaso.html):
Making America Better:
http://www.creditslips.org/creditslips/2007/04/making_america_.html
Setting the Comparative Record Straight: http://www.creditslips.org/creditslips/2007/04/setting_the_com.html
Shameless Americans:
http://www.creditslips.org/creditslips/2007/04/shameless_ameri.html
Subprime Lending, Default Risk, and Personal Bankruptcy Reform: http://www.creditslips.org/creditslips/2007/04/subprime_lendin.html
Why Can't We All Just Agree?: http://www.creditslips.org/creditslips/2007/04/why_cant_we_all.html
Bankruptcy for the Chronically Destitute: http://www.creditslips.org/creditslips/2007/04/bankruptcy_for_.html
Consumer Debt Relief, Harmonization, and Human Rights: http://www.creditslips.org/creditslips/2007/04/consumer_debt_r.html
Presentations
ABA CLE Teleconference, "The Bankruptcy Bailout," moderator (Aug. 19, 2009)
INSOL International 8th World Congress, Vancouver, Canada, Panel: How Poor Are You? Means Testing for Insolvent Individuals (June 24, 2009)
Chemnitz University of Technology, Department of Sociology Conference, Overindebtedness: Everyday Risk in Modern Societies? Theoretical Aspects and Empirical Findings in International Perspective, Chemnitz, Germany, Paper: Consumer Bankruptcy Reforms in Denmark and the U.S.A. (Mar. 27, 2009) (also moderated a panel on Overindebtedness and Private Bankruptcy in Comparative Perspective)
John Marshall Law School Faculty Works-In-Progress Scholarship Roundtable, Chicago, IL, Paper: The Debate Between Territorial and Universal Perspectives on Value Sharing in International Insolvency Cases (Sept. 18, 2008)
University of Houston Center for Consumer Law Conference, Teaching Consumer Law, Houston, TX, Presentation: Bankruptcy Update (May 23, 2008)
Harvard University-University of Texas Conference "Commercial Law Realities," Cambridge, MA, Presentation: Empirical Data on European Debtors in Consumer Insolvency (Feb. 29, 2008)
John Marshall Law School Faculty Works-In-Progress Scholarship Roundtable, Chicago, IL, Paper: Comparative Cause and Effect: Consumer Insolvency and the Eroding Social Safety Net (Jan. 31, 2008)
Illinois Institute for Continuing Legal Education, Seminar: Secured Transactions: Documentation & Enforcement Under Article 9, Chicago, IL, Presentation: Special Topics: Equipment Leasing & Other Types of Collateral (Jan. 16, 2008)
AALS Section on Creditors' and Debtors' Rights Meeting, Orlando, FL, Panel Presentation: Learning and Teaching International and Comparative Insolvency Law (Oct. 13, 2007)
Law & Society Association Annual Meeting, Berlin, Germany, Paper: Comparative Cause and Effect: Consumer Insolvency and the Eroding Social Safety Net (July 26, 2007)
Third Annual Consumer Bankruptcy Practice Seminar, Galveston, TX, Presentation: Chapter 13: What Works and What Doesn't-What do the Numbers Show (June 28, 2007)
University of Texas-Harvard University Conference "Commercial Law Realities," Austin, TX, Paper: U.S. Implications of 2006 Reform of Swedish Consumer Bankruptcy Law (April 14, 2007)
Law & Society Association Annual Meeting, Baltimore, MD, Roundtable Participant: Comparative Perspectives on Prevention and Treatment of Overindebtedness (July 9, 2006)
INSOL International Annual Regional Conference, Academics Meeting, Scottsdale, AZ, Paper: Consumer Bankruptcy Reform in the U.S. and the Netherlands (May 20, 2006)
University of Houston Conference on Teaching Consumer Law, Houston, TX, Panel presentation: Classroom Benefits of a Comparative Perspective on Consumer Bankruptcy (May 19, 2006)
Harvard University-University of Texas Conference "Commercial Law Realities," Cambridge, MA, Paper: Consumer Bankruptcy Reform, U.S., Netherlands, Sweden (April 28, 2006)
Working paper presentation, University of San Diego School of Law: Consumer Bankruptcy Reform in the U.S. and the Netherlands (Sept. 16, 2005)
Professional Development Workshop "Bankruptcy Reform Legislation," Louisiana Bankers Association, Monroe, LA (Sept. 14, 2005)
Presentation by teleconference to graduate-level course, Univ. de los Andes, Bogotá, Colombia: Developments in consumer bankruptcy in Europe, U.S., and South America (May 20, 2005)
Presentation to litigation group, McGlinchey Stafford PLLC, Baton Rouge, LA: Bankruptcy Reform Act issues of interest to litigators (May 13, 2005)
International Association of Consumer Law Annual Conference, Lima, Peru, Paper: Consumer Bankruptcy in Belgium and Luxembourg (May 6, 2005)
Joint University of Texas-Harvard University Conference "Commercial Law Realities," Austin, TX, Paper: Consumer Bankruptcy in Belgium and Luxembourg (April 8, 2005)
Symposium, Bicentenary of French Civil Code, Presentation on Civil Law and Economics, "Civil Law Systems and Consumers," LSU Law Center, Baton Rouge, LA (Sept. 7, 2004), published as Civil Codes and Consumers, 51 Loyola L. Rev. 11 (2005)
Presentation to the Baton Rouge Bankruptcy Bar Association: "Means Testing" and other current bankruptcy reform developments (April 1, 2003)
Professional Memberships
Ass'n of American Law Schools, Section on Creditors' and Debtors' Rights:
Chair 2009
Chair Elect 2008
Secretary/Treasurer 2006-07
Treasurer 2005
Languages
Native: English
Fluent: Russian, French
Basic Speaking, Listening, and Reading: Arabic (MSA and North Levantine dialect)
Reading Knowledge: German, Dutch (and Afrikaans), Swedish, Norwegian, Danish, Spanish, Italian
Rudimentary: Portuguese, Latin, Czech, Japanese
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