Spring 2009 - Bankruptcy, Advanced
Clark, Leif M
Course ID: 397S Unique # 28735 Credit Hours: 3
2:30 pm - 4:20 pm
This course is restricted to upper division students only.
This seminar will focus on advanced problems in bankruptcy law and practice, with a heavy emphasis on chapter 11 reorganization issues. Topics will include (1) financing the reorganization process, (2) the use of bankruptcy sales as a reorganization tool, (3) the impact of new financing devices (including swaps and derivatives) on the reorganization process, (4) jurisdictional, venue, and judicial power issues in the bankruptcy arena, (5) reorganization strategies, (6) post-confirmation problems (both jurisdictional and structural), (7) corporate governance challenges, both prior to and following confirmation, (8) retention and payment schemes for various professionals, and (9) international cross-border insolvency issues.
Related Course Areas
The objective of the seminar is to permit students to explore, in an interactive format, the nuances, strategies, and challenges of bankruptcy as an effective and creative tool for dealing with financial extremis. Close attention will be given to cutting edge strategies for dealing with financial difficulties, giving appropriate attention to the unique problems of publicly held companies. Problems will be analyzed from the varying viewpoints of unsecured creditors, management, bank debt, publicly held debt, investors, and the public.
The course will build on a basic working knowledge of bankruptcy contexts, applying them to special problems faced by players in the reorganization process. It will utilize written materials, case law, participation by guest experts from the bankruptcy practice, and problem solving exercises. The seminar is led by a sitting U.S. Bankruptcy Judge with 18 years of judicial experience, and who has served as an adjunct professor at the Law School for over 5 years, teaching bankruptcy courses.
Prerequisites: Bankruptcy basic (survey) course; Secured Credit