Areas of Expertise
- Commercial Law
- Secured Credit
- Securities Regulation
About Brook Gotberg
Brook Gotberg joined the faculty in 2016. She teaches Bankruptcy, Contracts, Secured Transactions, Securities Regulation and other commercial law subjects. Professor Gotberg’s scholarship focuses primarily on debtor and creditor relations, both in and out of bankruptcy. She has published articles on the treatment of preferential transfers in the bankruptcy code, the jurisdiction of bankruptcy judges and, more generally, on the laws and policies shaping business reorganization in the United States. In addition to her publications, Gotberg has presented on such topics as the relationship between medical insurance and bankruptcy, student debt in bankruptcy, Puerto Rico’s debt crisis, and the impact of recent Supreme Court decisions on bankruptcy proceedings.
Prior to joining the law faculty, Professor Gotberg was an Academic Fellow for the J. Reuben Clark Law School at Brigham Young University. Professor Gotberg also practiced commercial law with Sullivan & Cromwell in Los Angeles, California. She has litigated a variety of cases, from large antitrust suits to minor contract disputes, and has represented both debtors and creditors in bankruptcy court. She is a former clerk to Judge Milan D. Smith Jr. on the Ninth Circuit Court of Appeals and the Honorable Thomas B. Donovan in the Bankruptcy Court for the Central District of California.
Professor Gotberg graduated magna cum laude from Brigham Young University with a B.A. in political science, and received her J.D. cum laude from Harvard Law School.
In addition to writing, teaching and engaging in the theory and practice of law, Professor Gotberg enjoys playing tennis with her husband and having dance parties with their five children.
Most Recent Publications
Conflicting Preferences in Business Bankruptcy: The Need for Different Rules in Different Chapters, 100 IOWA L. REV. 51 (2014)
Preferences Are Public Rights, 2013 WISCONSIN LAW REVIEW 1355
Restructuring the Bankruptcy System: A Strategic Response to Stern v. Marshall, 87 AMERICAN BANKRUPTCY LAW JOURNAL 191 (2013) (peer reviewed)
Latest Publications from Brook Gotberg
- Comments of Academics to Department of Education’s RFI Regarding Evaluating Undue Hardship Claims in Adversary Actions Seeking Student Loan Discharge in Bankruptcy Proceedings (Docket No. Ed–2017–Ope–0085)
- It Cuts Both Ways: How Preference Avoidance Actions Can Harm Business Relationships Between Debtors and Creditors
- Relational Preferences in Chapter 11 Proceedings
- Moving Beyond Medical Debt
- Optimal Deterrence and the Preference Gap