Daniel Austin, Ph.D

Educational Background

Juris Doctor, Harlan Fiske Stone Scholar, Certificate of Achievement with Merit, Parker School of Foreign and Comparative Law, Columbia Law School, New York, New York, U.S.A., 1986

Doctor of Philosophy, Political Science International Relations and Comparative Politics, University of Pennsylvania, Philadelphia, Pennsylvania, U.S.A., 1994

Master of Arts, Political Science, International Relations and Comparative Politics, University of Pennsylvania, Philadelphia, Pennsylvania, U.S.A., 1993

Bachelor of Arts, Mandarin Chinese and Russian Languages, Brigham Young University, Provo, Utah, U.S.A., 1983

Biography

Prof. Daniel Aaron Austin grew up in Chicago, Illinois, USA.  He received a Bachelor of Arts degree in Mandarin and Chinese languages at Brigham Young University.  He studied law at Columbia University School of Law, where he received his Juris Doctorate degree and was named a Harlan Fisk Stone Scholar.  Dr. Austin earned his M.A. and Ph.D. in Political Science at the University of Pennsylvania.

Dr. Austin practiced commercial and bankruptcy law for 25 years, representing clients ranging from individuals to Fortune 100 companies in state and federal courts throughout the U.S.  He taught political science at Edinboro University of Pennsylvania for four years, and bankruptcy and commercial law at Northeastern University School of Law for six years, where he was an associate professor.  Dr. Austin has published five books, including, most recently, Business Bankruptcy Law in Focus (Wolters Kluwer, 2017).  He has published numerous articles on insolvency law, and presented at many national and international conferences.  His work has been cited extensively in the media, court opinions, blogs, and other commentary.

Dr. Austin’s research interests include the effects and implications of consumer student loan debt and consumer medical debt, in addition to various business bankruptcy law topics.  His current projects include insolvency practice in China and empirical studies of US consumer bankruptcy debtors.  Professor Austin is also an accomplished watercolor artist, and his work has been shown in juried shows and galleries.

Academic Experience

Wenzhou-Kean University, Assistant Professor of Business Law, August 2018 to present

Northeastern University School of Law, Associate Professor of Law, July 2009 to July 2016

Edinboro University of Pennsylvania, Associate Professor, 1994 to 1998

PUBLICATIONS

BOOKS

Business Bankruptcy Law in Focus (650 pages, with Stephen P. Parsons) (Wolters Kluwer, 2017).

Graduating with Debt: Student Loans Under the Bankruptcy Code, 1st and 2d ed. (with Susan E. Hauser) (American Bankruptcy Institute, 2013 and 2016).

Reaffirmation Agreements in Consumer Bankruptcy Cases, 1st and 2d ed. (with Donald R. Lassman) (American Bankruptcy Institute, 2009 and 2010).

 

BOOK CHAPTERS

Undue Hardship: Standards and Case Law under 11 U.S.C. § 523(a)(8), Best of ABI 2013: The Year in Consumer Bankruptcy (American Bankruptcy Institute, 2013, 10 pages).

Digital Electronic Data, Norton’s Bankruptcy Law and Practice, 2d ed. §§141:31 – 141:59 (Thompson West 2004).

 

ARTICLES

Bankruptcy in the Time of Covid: PRC Courts Adopt Special Measures During the Period of Covid Prevention and Control, International Insolvency Review, Vol. 30, Issue 3 (accepted)

Personal Bankruptcy in the Middle Kingdom: China’s Local Pilot Programs and Half A Bankruptcy System, American Bankruptcy Law Journal, Vol. 95, Issue 1, pp. 81-126 (2021)

Bankruptcy, with Chinese Characteristics: Insolvency Administration in the People’s Republic of China. American Bankruptcy Law Review 94:1 (2020)

Medical Debt As A Cause of Consumer Bankruptcy, 67 Maine Law Review 1 – 23 (2015).

Student Loan Debt in Bankruptcy: An Empirical Assessment, 48 Suffolk Law Review 477-588 (2015).

Ethical Ambiguities on the Front Lines of Consumer Representation (with Donald R. Lassman), American Bankruptcy Institute Journal, Vol. 33, No. 7, pp. 26-27, 80 (July 2014).

The Indentured Generation: Bankruptcy and Student Loan Debt, 53 Santa Clara Law Review 329 – 402 (2013).

Bankruptcy and the Myth of ‘Uniform Laws’, 42 Seton Hall Law Review 1081 – 1168 (2012).

State Laws, Court Splits, and Local Practice Make Consumer Bankruptcy Anything but ‘Uniform’, American Bankruptcy Institute Journal, Vol. 29, No. 10, pp. 1, 66-68 (December 2010).

The Bankruptcy Clause and the Eleventh Amendment: An Uncertain Boundary Between Federalism and State Sovereignty, 42 San Francisco Law Review 383 – 426 (2007).

For Debtor or Worse: Discharge of Marital Debt Obligations Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 51 Wayne Law Review 1369 – 1416 (2005).

Zero Tolerance for Commercial Fraud: Bankruptcy Metrics Dictate That Forewarned is Forearmed (with Robert J. Musso, Bruce Weiner, and Jack Seward), American Bankruptcy Institute Journal, Vol. 24, No.10, pp. 1, 46-49 (December 2005).

Drop Down?  Drop Dead!  Excess Insurers Are Not Required To Provide Primary Coverage In Lieu of an Insolvent Insurer, American Bankruptcy Institute Journal, Vol. 24, No. 9, pp. 24, 56 (November 2005).

E-Sleuthing and the Art of Electronic Data Discovery: Uncovering Hidden Assets in the Digital Age (with Jack Seward), American Bankruptcy Institute Journal, Vol. 23, No. 2-4 (February, March, April 2004) (three-part series).

Eat My Dirt! Dirt for Debt Swaps, American Bankruptcy Institute Journal, Vol. 23, No.5, pp. 12, 48 (June 2003).

Payment of Pre-Petition and Post-Petition Employee Severance Benefits, American Bankruptcy Institute Journal, Vol. 23, No. 4, 5 (March – April 2003) [Part I—March 2003, p.1, 44-45; Part II—April 2003, p.14, 32].

Realism, Institutions, and Neutrality: Constraining Conflict Through the Force of Norms, Commonwealth: A Journal of Political Science, Vol. 9, pp. 37-55 (1998).

 

OTHERS

Why Medical Debt and Bankruptcy Are Growing Problems, The Conversation, Jan. 28, 2015.

Not So Fast, Senator! How to Really Solve the Student Loan Debt Crises, Huffpost, Oct. 9, 2013.

Editor, Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 (American Bankruptcy Institute, 2012, 210 pages).

 Consumer Bankruptcy: Staggering Towards Coherency, Northeastern Law Magazine (Summer/Fall 2010, 1 page).

Reaffirmation Agreements in Consumer Bankruptcy Cases (with Donald R. Lassman) 45 Southern New England Roundtable Symposium Law Journal 90 – 102 (2009).

Contributing Author, Newberg on Class Actions, 3rd ed. (Shepard’s/McGraw-Hill, 1993) (editorial and case law updates, new chapter on litigation ethics).