John A. E. Pottow

Last updated

John Anthony Edwards Pottow [1] is the John Philip Dawson Collegiate Professor of Law [2] at the University of Michigan Law School, specializing in international commercial law, bankruptcy and consumer finance. [3] In addition to scholarship, Pottow is known for pro bono work and has argued pro bono cases before the United States Supreme Court and several United States Courts of Appeals, [4] [5] winning an award for pro bono service. [2] His public service in international trade law includes service on the United States Delegation to the United Nations Commission on International Trade Law (UNCITRAL) [2] and the State Department's Advisory Committee on Private International Law. [6]

Contents

Early life and education

Pottow was born in Canada. [7] He graduated from Upper Canada College in 1989. [8] He received an A.B. summa cum laude in psychology, Phi Beta Kappa, [9] from Harvard College in 1993, [3] [10] While at Harvard, Pottow received the John Harvard Annual Scholarship all four years, and was awarded the Gordon Allport Prize in Psychology and the Thomas T. Hoopes, Class of 1919, Prize. [9] Pottow also hosted a jazz program on WHRB-FM, and was a member of the Hasty Pudding Theatricals group and crew team and student conductor of the Harvard University Band. [9] [11] As a freshman, Pottow attended the last lecture ever delivered by B. F. Skinner. [7] Pottow was interested in psycholinguistics and studied under social psychologist Roger Brown, who encouraged Pottow to pursue the practice of law. [12] [13] He was also a student under professor Elizabeth Warren, which later developed into a professional collaboration. [14]

From 1993 to 1994, Pottow worked at Eos Partners, LP, a private equity hedge fund in New York, as chief financial officer. [12] [15]

Pottow earned his J.D. magna cum laude from Harvard Law School, where he was treasurer of the Harvard Law Review , in 1997. [3] [7] At Harvard Law School, Pottow was a National Scholar. [9] Between his first and second years of law school, Pottow was a research assistant to Professor Arthur R. Miller on the supplement to Federal Practice and Procedure, co-authored by Miller, Charles Alan Wright, and Edward H. Cooper. [9] [15]

Career

Pottow served as a law clerk to Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit from 1997 to 1998 and to Chief Justice Beverley McLachlin of the Supreme Court of Canada from 1998 to 1999. [3] [7] [10] Pottow entered private practice, first as a litigation associate at Hill & Barlow in Boston from 1999 to 2002, [9] and then as of counsel at Weil, Gotshal & Manges in New York from 2002 to 2003. [3] [10] [15]

Pottow joined the Michigan Law faculty in 2003 and received tenure in 2008. [3] [10] At Michigan, Pottow has taught international bankruptcy, bankruptcy, contracts, secured transactions, law and economics and other business courses, and served as the project director of the National Consumer Bankruptcy Project. [3] [9] Pottow has testified before congressional committees several times. [16] [17] In 2009, Pottow, Steven P. Croley, and Eric Posner were commissioned by the Troubled Asset Relief Program Congressional Oversight Panel to provide outside legal opinions on the Home Affordable Modification Program (HAMP) and TARP. [15] [18]

Pottow has written on the "stickiness of default rules," [19] on elder bankruptcy, [20] and on the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which significantly revised the U.S. Bankruptcy Code. [21] He has critiqued the nondischargeability of student loan debt in personal bankruptcy proceedings. [10] [22] Pottow has also written extensively on international business law issues. [10] He was elected to the International Insolvency Institute in 2010 and won the Institute's first annual prize for international insolvency research. [3] [23] [24]

Pottow co-authors a leading bankruptcy textbook, The Law of Debtors and Creditors (8th edition, Wolters Kluwer 2021), along with Elizabeth Warren, Jay Lawrence Westbrook, and Katie Porter. [25] His pro bono litigation includes the successful representation of the respondent in Executive Benefits Insurance Agency, Inc. v. Arkison before the Supreme Court of the United States. [26]

Pottow has provided commentary on legal issues in a variety of forums including New York Times , [27] USA Today , [28] and NPR. [3] [7] [29] He has been an expert witness in several commercial law cases. [15] He is a member of the American Bankruptcy Institute and is a member of the American Bankruptcy Institute Law Review advisory board. [30] He won the 2005 L. Hart Wright Award for Excellence in Teaching at Michigan in 2005. [3] Pottow was a visiting professor at Harvard in fall 2008. [15]

Pottow was admitted to the bar in Massachusetts (in 1999) and Michigan (in 2011). [1] [3] [31] He is also a licensed barrister and solicitor in Ontario. [3]

Pottow is an occasional contributor to Credit Slips, a scholarly blog on credit, finance, and bankruptcy. [3] [32]

Pottow is an elected member of American Law Institute, [33] American College of Bankruptcy, [34] and International Insolvency Institute. [35]

Personal life

Pottow is married to Reshma Jagsi, a radiation oncologist and professor at the University of Michigan Medical School; they have two children. [36] Pottow holds American, Canadian, and European Union citizenship. [7]

Pottow is a political independent. [37] He speaks American Sign Language and French. [15]

Related Research Articles

Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

Chapter 11 of the United States Bankruptcy Code permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals.

<span class="mw-page-title-main">Elizabeth Warren</span> American politician (born 1949)

Elizabeth Ann Warren is an American politician and former law professor who is the senior United States senator from Massachusetts, serving since 2013. A member of the Democratic Party and regarded as a progressive, Warren has focused on consumer protection, equitable economic opportunity, and the social safety net while in the Senate. Warren was a candidate in the 2020 Democratic Party presidential primaries, ultimately finishing third.

Personal bankruptcy law allows, in certain jurisdictions, an individual to be declared bankrupt. Virtually every country with a modern legal system features some form of debt relief for individuals. Personal bankruptcy is distinguished from corporate bankruptcy.

A creditor or lender is a party that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money.

<span class="mw-page-title-main">Bankruptcy in the United States</span> Overview of bankruptcy in the United States of America

In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).

<span class="mw-page-title-main">Insolvency</span> State of being unable to pay ones debts

In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

<span class="mw-page-title-main">Bankruptcy Abuse Prevention and Consumer Protection Act</span> 2005 American bill

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is a legislative act that made several significant changes to the United States Bankruptcy Code.

<span class="mw-page-title-main">Bruce H. Mann</span> American legal scholar

Bruce Hartling Mann is an American legal scholar who is the Carl F. Schipper, Jr. Professor of Law at Harvard Law School, and husband of U.S. Senator Elizabeth Warren. A legal historian, his research focuses on the relationship among legal, social, and economic change in early United States. He began teaching at Harvard Law School in 2006, after being the Leon Meltzer Professor of Law and Professor of History at the University of Pennsylvania Law School.

Consumer bankruptcy in Canada is governed by the Bankruptcy and Insolvency Act ("BIA"). The legislation is complemented by regulations, as well as directives from the Office of the Superintendent of Bankruptcy that provide guidelines to trustees in bankruptcy on various aspects of the BIA.

Bankruptcy in the United Kingdom is divided into separate local regimes for England and Wales, for Northern Ireland, and for Scotland. There is also a UK insolvency law which applies across the United Kingdom, since bankruptcy refers only to insolvency of individuals and partnerships. Other procedures, for example administration and liquidation, apply to insolvent companies. However, the term 'bankruptcy' is often used when referring to insolvent companies in the general media.

<span class="mw-page-title-main">Todd Zywicki</span> Professor of Law

Todd Joseph Zywicki is an American lawyer, legal scholar and educator. He is a George Mason University Foundation Professor of Law at George Mason University School of Law, teaching in the areas of bankruptcy and contracts.

An individual voluntary arrangement (IVA) is a formal alternative in England and Wales for individuals wishing to avoid bankruptcy. In Scotland, the equivalent statutory debt solution is known as a protected trust deed.

Debtor-in-possession financing or DIP financing is a special form of financing provided for companies in financial distress, typically during restructuring under corporate bankruptcy law. Usually, this debt is considered senior to all other debt, equity, and any other securities issued by a company — violating any absolute priority rule by placing the new financing ahead of a company's existing debts for payment.

David Gustav Epstein is the George E. Allen Professor of Law at University of Richmond School of Law and an expert on bankruptcy.

Bankruptcy in Irish Law is a legal process, supervised by the High Court whereby the assets of a personal debtor are realised and distributed amongst his or her creditors in cases where the debtor is unable or unwilling to pay his debts.

<span class="mw-page-title-main">British Virgin Islands bankruptcy law</span>

British Virgin Islands bankruptcy law is principally codified in the Insolvency Act, 2003, and to a lesser degree in the Insolvency Rules, 2005. Most of the emphasis of bankruptcy law in the British Virgin Islands relates to corporate insolvency rather than personal bankruptcy. As an offshore financial centre, the British Virgin Islands has many times more resident companies than citizens, and accordingly the courts spend more time dealing with corporate insolvency and reorganisation.

<span class="mw-page-title-main">Cayman Islands bankruptcy law</span>

Cayman Islands bankruptcy law is principally codified in five statutes and statutory instruments:

Cross-border insolvency regulates the treatment of financially distressed debtors where such debtors have assets or creditors in more than one country. Typically, cross-border insolvency is more concerned with the insolvency of companies that operate in more than one country rather than bankruptcy of individuals. Like traditional conflict of laws rules, cross-border insolvency focuses upon three areas: choice of law rules, jurisdiction rules and enforcement of judgment rules. However, in relation to insolvency, the principal focus tends to be the recognition of foreign insolvency officials and their powers.

Reshma Jagsi is an American Radiation oncologist. She is the Newman Family Professor and Deputy Chair in the Department of Radiation Oncology and Director of the Center for Bioethics and Social Sciences in Medicine at the University of Michigan. Overall, she is the author of over 350 published articles in peer-reviewed medical journals and continues scholarly research in three primary areas of interest: breast cancer, bioethics, and gender equity, with the support of grants from the National Institutes of Health (NIH), the Doris Duke Charitable Foundation, and the Susan G. Komen Foundation, for which she serves as a Senior Scholar.

References

  1. 1 2 John Anthony Edwards Pottow—P74675 Archived 2013-04-15 at archive.today , State Bar of Michigan.
  2. 1 2 3 "Pottow, John A. E." Michigan Law Faculty Biographies.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 13 John A. E. Pottow, University of Michigan Law School.
  4. "In Re: John Robert Shek" (PDF).
  5. "Matter of Benjamin".
  6. "Committee Members, Meetings and Advisory Reports". FACADatabase.
  7. 1 2 3 4 5 6 Sheila Pursglov. Professor helps students to tame the 'Wild West' of bankruptcy law (June 7, 2012). Legal News.
  8. Announcements, Old Times 35 (Summer/Fall 2010).
  9. 1 2 3 4 5 6 7 Faculty, Law Quadrangle Notes (summer 2002).
  10. 1 2 3 4 5 6 Promotion Recommendation: The University of Michigan Law School (approved by the Regents on May 15, 2008).
  11. Maya E. Fischhoff, Housing Lottery Randomizes 12% (Apr. 4, 1992), Harvard Crimson .
  12. 1 2 Mike Murphy and Matt Nolan, "Our Neighbor from the North: A Chat with Professor Pottow, Eh? Archived 2016-03-04 at the Wayback Machine ," Res Gestae, Vol. 55, No. 16 (Apr. 12, 2005).
  13. Correspondence between Brown and Pottow is included in the Papers of Roger W. Brown, 1954-1997, Box 18, at the Harvard University Archives.
  14. Margie Kelley, Teaching Lessons (Summer 2002), Harvard Law Bulletin; see also Shira Schoenberg, At Harvard, Elizabeth Warren known as tough, demanding, dynamic professor (May 13, 2012). MassLive.com/The Republican.
  15. 1 2 3 4 5 6 7 John A. E. Pottow - Biography [ permanent dead link ], International Insolvency Institute.
  16. Testimony Archived 2012-10-17 at the Wayback Machine before the United States House of Representatives Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, Medical Debt: Is Our Healthcare System Bankrupting Americans? (July 28, 2009).
  17. Testimony and video Archived 2011-08-13 at the Wayback Machine before the United States Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, Medical Debt: Can Bankruptcy Reform Facilitate a Fresh Start (Oct. 20, 2009).
  18. Congress Oversight Panel: April Oversight Report (Apr. 14, 2010). Government Printing Office.
  19. Omri Ben-Shahar & John A. E. Pottow, On the Stickiness of Default Rules Archived 2012-08-03 at the Wayback Machine , 33 Fla. St. U. L. Rev. 651 (2006).
  20. John A. E. Pottow, The Rise in Elder Bankruptcy Filings and Failure of U.S. Bankruptcy Law, 19 Elder L.J. 119 (2011).
  21. Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, & Elizabeth Warren, Did Bankruptcy Reform Fail? An Empirical Study of Consumer Debtors, 82 Am. Bankr. L.J. 349 (2008); John A. E. Pottow, The Totality of the Circumstances of Debtor's Financial Situation in a Post-Means Test World, 71 Mo. L. Rev. 1053 (2006).
  22. The Nondischargeability of Student Loans in Personal Bankruptcy Proceedings: The Search for a Theory, Canadian Bus. L. J. 44, 245-78, no. 2 (2007). See also Deanne Loonin, Guest Post, A Bankrupt Policy Archived 2012-09-10 at the Wayback Machine (Dec. 3, 2008 11:45 A.M.). New America Foundation.
  23. Pottow, John A. E., International Insolvency Institute (accessed Nov. 10, 2012).
  24. Faculty [ permanent dead link ], L. Quad. Notes (spring 2006). The prize was for the paper, Greed and Pride in International Bankruptcy: The Problems of and Proposed Solutions to "Local Interests", 106 Mich. L. Rev. 1899 (2006).
  25. The Law of Debtors and Creditors (8th ed.). Wolters Kluwer. November 2020. ISBN   9781454893516.
  26. "Executive Benefits Insurance Agency v. Arkison". SCOTUSBlog.
  27. Ken Belson and Alison Leigh Cowan, Mets Owners Hope Courts Will Limit Liability , N.Y. Times (Feb. 28, 2011).
  28. Dennis Cauchon, Bankruptcy a Reprieve For Some Companies, USA Today (Jan. 22, 2012).
  29. E.g., interview Archived 2013-04-14 at archive.today on Washington Journal , C-SPAN.
  30. ABI Law Review Advisory Board, American Bankruptcy Institute (accessed Nov. 10, 2012).
  31. Massachusetts Board of Bar Overseers - Attorney Lookup Archived 2012-11-15 at the Wayback Machine (search for "John Pottow").
  32. Posts by John A. E. Pottow, Credit Slips: A Discussion of Credit, Finance, and Bankruptcy.
  33. "Professor John A. E. Pottow". ALI Members.
  34. "Prof. John A.E. Pottow". American College of Bankruptcy Directory.
  35. "John Pottow". International Insolvency Institute.
  36. "Reshma Jagsi". spi.ox.ac.uk. Retrieved December 27, 2020.
  37. Elizabeth Warren & LTV Steel, Credit Slips (Oct. 4, 2012 9:34 PM); Bankruptcy and Politics: Junior Senator from Massachusetts Edition , Credit Slips (Nov. 11, 2012, 4:08 PM).