Spring 2010 - Bankruptcy
Clark, Leif M
Credit Hours: 3 Course ID: 342M Unique # 28385
|MT||2:00 - 3:15 pm||TNH 3.125|
Thursday, May 6
1:30 pm -
This course is restricted to upper division students only.
This course covers the basics of U.S. bankruptcy law, with a focus on chapter 11 business reorganizations. In addition, the course will cover some state law collection remedies, state exemption laws, and the Uniform Fraudulent Transfer Act. Using problem sets, students will learn essential bankruptcy concepts, applicable in all forms of bankruptcy (liquidation cases, consumer bankruptcy cases, and business reorganization cases), including the scope of property of the bankruptcy estate, the operation of the automatic stay, mechanisms for liquidating assets and selling businesses, the operation of avoidance actions for the recovery of preferential transfers and fraudulent conveyances, and the Bankruptcy Code's specialized handling of executory contracts.
Related Course Areas
In addition, students will learn the how chapter 11 functions as a tool for reorganization, covering the law and practice relating to confirmation of chapter 11 reorganization plans (permissible plan content, voting, classification of claims, solicitation of votes, and confirmation standards) and relating to post-confirmation issues (including enforcement of confirmation provisions). Bankruptcy is a federal law, with a unique jurisdictional structure that will be explored in this course. In addition, the course will touch on special provisions used to coordinate bankruptcy proceedings taking place in more than one country.
The course assumes a basic working knowledge of real property mortgages and leases, and of personal property secured transactions. Completion of the course on secured transactions under Article 9 of the UCC is highly recommended as a prerequisite, but may be waived with the permission of the instructor. The course will be graded by means of a written final examination at the end of the course.