Administration and Staff

Jonathon Byington

Professor of Law

Contact

Office
Law 314
Phone
(406) 243-6773
Email
jonathon.byington@umontana.edu
Website
http://www.umt.edu/law/faculty/directory/default.php?ID=3210

Personal Summary

Professor Byington teaches commercial law classes, including Bankruptcy, Business Transactions, Real Estate Transactions, and Secured Transactions (Uniform Commercial Code Article 9). In 2013, the Montana Legislative Council appointed Professor Byington to serve as a Commissioner on the Uniform Law Commission (formerly known as the National Conference of Commissioners on Uniform State Laws).

Before joining the law school faculty, Professor Byington was a partner with the law firm of Racine Olson, where his practice focused on secured financing and a variety of commercial transactions.  Before entering private practice, he served as a law clerk to Chief Justice Linda Copple Trout of the Idaho Supreme Court. Professor Byington has been admitted to the Idaho State Bar, the Montana State Bar, and the Utah State Bar.

Education

Professor Byington obtained Bachelor of Science Degrees in Finance and Economics from Utah State University and earned his Juris Doctorate Degree at the University of Idaho College of Law, where he graduated summa cum laude.

Publications

  • Jonathon S. Byington & Elaine H. Gagliardi, Deal Drafting Foundations: A Transactional Lawyer's Role in Deals and Contract Drafting (Carolina Academic Press 2023)

  • Debtor Embezzlement of Collateral, 97 Am. Bankr. L.J. 135 (2023) (peer reviewed)

  • Debtor Malice, 79 Ohio St. L.J. 1023 (2018)

  • The Fresh Start Canon, 69 Fla. L. Rev. 115 (2017)

  • Fiduciary Capacity and the Bankruptcy Discharge, 24 Am. Bankr. Inst. L. Rev. 1 (Winter 2016)

  • The Challenges of the New Defalcation Standard, 88 Am. Bankr. L.J. 3 (2014) (peer reviewed)

  • Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process, 90 N.C. L. Rev. Addendum 1 (2011)