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Faculty Directory

Daniel A. Austin

Associate Professor of Law
Brigham Young University, BA 1983
University of Pennsylvania, MA 1993
University of Pennsylvania, PhD 1994
Columbia University, JD 1986
Office: 54A Cargill Hall
Mail: 400 Huntington Avenue
Boston, MA 02115
Tel: (617) 373-3668
Fax: (617) 373-5056

Professor Austin teaches bankruptcy and commercial law. He has written articles on consumer and business bankruptcy, as well as two books, Graduating with Debt: Student Loans Under the Bankruptcy Code and Reaffirmation Agreements in Consumer Bankruptcy Cases. In addition, he served as a contributing editor to Norton’s Bankruptcy Law and Practice (third edition), and as a contributing author to Newberg on Class Action (third edition).

Professor Austin’s research interests include pensions and retiree healthcare in business bankruptcy, constitutional and jurisdictional issues in bankruptcy law, and the metrics and impact of debt and personal bankruptcy. In addition to his legal background, Professor Austin holds a PhD in political science, a subject he has taught at the college level.

Prior to joining the law faculty in 2009, Professor Austin worked for 16 years as a bankruptcy and commercial law attorney, representing a range of clients from individuals to Fortune 500 corporations. From his years in legal practice, Professor Austin has reached the conclusion that the legal profession must do more to make legal services more affordable and transparent to clients. Professor Austin strives to instill this philosophy in his teaching.

Fields of Expertise

  • Bankruptcy and Creditor's Rights
  • Commercial Law

Selected Works


Graduating with Debt: Student Loans Under the Bankruptcy Code (American Bankruptcy Institute, 2013)

Reaffirmation Agreements in Consumer Bankruptcy Cases (American Bankruptcy Institute, 2009)

Selected Articles

"The Indentured Generation: Bankruptcy and Student Loan Debt," 53 Santa Clara Law Review, forthcoming 2013

“Bankruptcy and the Myth of Uniform Laws,” 42 Seton Hall Law Review 1081 (June 2012)

"Reaffirmation of Secured Debt in Consumer Chapter 7 Bankruptcy," American Bankruptcy Institute (2009) (with Donald Lasswell)

“The Bankruptcy Clause and the Eleventh Amendment: An Uncertain Boundary Between Federalism and State Sovereignty,” 42 University of San Francisco Law Review 383 (Fall 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 (2005)

“Zero Tolerance for Commercial Fraud: Bankruptcy Metrics Dictate That Forewarned is Forearmed,” 24 American Bankruptcy Institute Journal 46 (2005) (with Musso, Weiner and Seward)

“Drop Down? Drop Dead! Excess Insurers Are Not Required To Provide Primary Coverage In Lieu of an Insolvent Insurer,” 24 American Bankruptcy Institute Journal 56 (2005)

“E-Sleuthing and the Art of Electronic Data Discovery: Uncovering Hidden Assets in the Digital Age” (with Jack Seward), 23 American Bankruptcy Institute Journal (2004)

“Eat My Dirt! Dirt for Debt Swaps Under 11 U.S.C. Section 1129(b)(2)(A),” 23 American Bankruptcy Institute Journal 48 (2003)

“Realism, Institutions, and Neutrality: Constraining Conflict Through the Force of Norms,” Commonwealth: A Journal of Political Science 9 (1998)

Selected Chapters

“Digital Electronic Data” in Norton's Bankruptcy Law and Practice (Thompson West) (with Jack Seward)