About Jason Kilborn
Professor Kilborn is a leading authority on the comparative law and policy of individual insolvency. He has written numerous articles and a book on comparative bankruptcy for consumers and individual entrepreneurs (including an analysis of Islamic law, shari'ah), he co-authored a book on international cooperation in cross-border business bankruptcy and restructuring, and he is a national reporter and co-editor of a series of detailed comparative analyses of business reorganization practices around the world (the latter two items published by Oxford University Press). He has advised several national governments on personal insolvency reforms, he was appointed an Advisory Commissioner of the Seoul (Korea) Bankruptcy Court’s Administrative Committee, and he has served as a short-term consultant on several World Bank Group advisory projects. Professor Kilborn chaired the drafting group for the World Bank’s landmark 2013 Report on the Treatment of the Insolvency of Natural Persons, and he drafted the World Bank Group’s 2018 report on small business bankruptcy, Saving Entrepreneurs, Saving Enterprises: Proposals for the Treatment of MSME Insolvency. He was appointed to four, two-year terms as the Van der Grinten Chair in International and Comparative Insolvency Law at the Radboud University in Nijmegen, The Netherlands, as well as a one-semester term as the Robert M. Zinman Scholar in Residence at the American Bankruptcy Institute. Professor Kilborn is an elected member of the International Insolvency Institute.
After graduating magna cum laude from the University of Michigan Law School, Professor Kilborn clerked for a judge on the U.S. Court of Appeals for the Third Circuit before becoming an associate at Cleary, Gottlieb, Steen & Hamilton in New York, and later the Washington, D.C., office of Wilmer, Cutler & Pickering. Professor Kilborn began his academic career in 2000 on the faculty of Louisiana State University, where he learned the history and practice of the only Civil Law jurisdiction in the US, and he joined the John Marshall faculty in 2007. He teaches Bankruptcy, Civil Procedure, Secured Transactions, Business Associations, and Payment Systems.
|Present||Professor, UIC School of Law|
Professional Service and Affiliations
|2016 - Present||elected member, International Insolvency Institute|
Honors and Awards
- ABI Scholar in Residence - Fall 2011
- SE Bankruptcy L. Inst. Distinguished Visiting Prof. 2012
|1996||JD, University of Michigan Law School|
|1994||BA, University of Northern Iowa|
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Eyes on the Prize: Procedures and Strategies for Collecting Money Judgments and Shielding Assets (2019)
A guidebook survey of the mechanics and strategies for every step of the process of collecting (or defending against collection) on a money judgment, including domestication and discovery, seizure and turnover, liens and priority battles, ...
Technology and Regulatory Black Holes: Issues In Protecting IP Rights In Insolvency for Both Licensors and Licensees QUT Law Review (2019)
Australia’s insolvency laws have a curious deficiency: There are virtually no provisions on the treatment of ongoing contracts. Such contracts may well represent some of the most valuable assets of a business debtor, small or ...
The Rise and Fall of Fear of Abuse in Consumer Bankruptcy: Most Recent Comparative Evidence from Europe and Beyond 97 Texas Law Review 1327 (2018)
Prepared for a symposium celebrating the groundbreaking career of Jay Westbrook, this paper examines recent evidence of fear of abuse of the benefits of consumer bankruptcy and the gradual abatement of that fear in modern ...
Determinants of Failure ... and Success in Personal Debt Mediation Transnational Dispute Management (2017)
For nearly thirty years, legislators in Europe and South America have often looked to mediation as a preferred mechanism for resolving the rising problem of personal overindebtedness. This reliance has generally been misplaced, as voluntary ...
The Personal Side of Harmonizing European Insolvency Law 25 Norton Journal of Bankruptcy Law and Policy 581 (2016)
This article advances detailed proposals for a European Personal Insolvency Directive as part of the European Commission’s ongoing insolvency initiative. The Commission has been struggling with soft coordination of insolvency proceedings under the divergent national ...
Treating the New European Disease of Consumer Debt in a Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law Brooklyn Journal of International Law (2016)
This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly ...
Comparative Cause and Effect: Consumer Insolvency and the Eroding Social Safety Net, 14 Colum. J. Eur. L. 563 (2008) Faculty Scholarship (2008)
This paper explores the connection between social welfare reform and the adoption of consumer debt relief law in Europe. Health care expenses and unemployment are significant contributors to overindebtedness in Europe, and outside the primary ...
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) UIC Law Open Access Faculty Scholarship (2006)
This Article offers a unique perspective on the heavily revised U.S. consumer bankruptcy law, which went effect on October 17, 2005, in light of a surprising discovery: It turns out that the U.S. consumer bankruptcy ...
La Responsabilisation de L'economie: What the United States Can Learn from the New French Law on Consumer Overindebtedness Michigan Journal of International Law (2005)
This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief ...