NOT Required: UCC Article 9 (Secured Transactions), UCC Article 2 (Sales), Contracts, Corporations, Bankruptcy and Related Issues.
This course develops issues arising in Chapter 11 business reorganization bankruptcy cases. Pieces of the puzzle include an overview of the Bankruptcy Code; understanding secured, unsecured and priority claims; property of the estate; the automatic stay; use, sale or lease of property; post-petition lending; executory contracts; avoidance powers of the trustee or debtor in possession, substantive consolidation or joint administration; negotiation and confirmation of a Chapter 11 plan of reorganization, including cramdown; allowance, disallowance and equitable subordination of claims; and ethical issues.
"The Law of Debtors and Creditors"
Author: Warren Westbrook
Publisher: Wolters Kluwer
The course will be a combination of lecture and discussion.
Students are expected to make notes on the reading and on problems assigned. These are not turned in, but will help prepare students for class discussion. Occassionally written problems are assigned from the text book.
|Type of Exam||
Three hour short essay exam. Open Bankruptcy Code and Rules.
|Basis for grading||
Final examination with additional credit of class participation.
A general introduction to business bankruptcy reorganization issues and alternatives will help any business lawyer or litigator help avoid or plan for the impact of bankruptcy on the client. This course complements Prof. Jean Braucher’s course on Bankruptcy and Related Issues, which is not required.