LAWS235 Bankruptcy

Department of Business Studies: Paralegal/Law

  1. Course Number and Title

    LAWS235 Bankruptcy (Experimental)

  2. Number of Credits

    3 credits

  3. Minimum Number of Instructional Minutes Per Semester

    2250 minutes

  4. Prerequisites

    LAWS100 or LAWS110

    Corequisites

    None

  5. Other Pertinent Information

    None

  6. Catalog Course Description

    An overview of the federal bankruptcy law, its purposes and procedures with special emphasis on asset liquidation, business reorganization, and individual income rehabilitation plans. The course will further explore the relationship of debtor, creditor, and trustee.

  7. Required Course Content and Direction

    1. Learning Goals:

      1. Develop an understanding of the role of the paralegal in a bankruptcy practice.
      2. Understand the ethical and legal issues in bankruptcy practice.
      3. Understand the rights of debtors in the bankruptcy process.
      4. Recognize those areas of practice that are likely to be encountered in a law office engaged in the specialty of bankruptcy.
      5. Recognize and have a general familiarity with the substantive issues in this specialized area of this practice.
      6. Understand the procedural litigation issues in this area of practice.
      7. Understanding the impact of Federal Bankruptcy on the collection process.

    2. Planned Sequence of Topics and/or Learning Activities:

      1. Introduction; Bankruptcy History
      2. Bankruptcy System; Bankruptcy Code; Bankruptcy Alternatives
      3. The Bankruptcy Petition; Bankruptcy Schedules and Statement of Affairs
      4. Bankruptcy Notice and Hearings: Bankruptcy Debtors; Professionals in Bankruptcy; Discharge, Reaffirmation
      5. Conversion; Dismissal; Exemptions; Trustees; Examiners; Creditors’ Committees; US Trustees; Debtor in Possession
      6. Bankruptcy Litigation; Automatic Stay; Objections, Non-Discharge ability; Adversary Actions
      7. Property of Bankruptcy Estate; Trustee Avoiding Powers; Preferences; Fraudulent Transfers
      8. Sale and Lease of Property Free and Clear of Liens; Cash Collateral; Executory Contracts and Unexpired Leases; Utility Service
      9. Proof of Claim; Co-Debtors; Subordination; Fund Distribution
      10. Chapter 13 Rehabilitation for Individuals with Regular Income Plans, Confirmation, Discharge
      11. Chapter 11 Business Reorganization; Claim Classification; Claim Impairment; Disclosure Statement; Voting; Plan Confirmation; Cramdown; Discharge
      12. Chapter 12 Farmers’ Bankruptcy
      13. Core Proceedings; Appeals

    3. Assessment Methods for Core Learning Goals:

    4. Reference, Resource, or Learning Materials to be used by Students:

      1. See course outline for required textbook and other supplements.
      2. Selected readings from periodicals and newspapers.

  8. Teaching Methods Employed

    1. Reading assignments
    2. Classroom lectures
    3. Discussion of questions, exercises and problems, cases and projects
    4. Audiovisual aids
    5. Computer exercises including online access to bankruptcy court

Review/Approval Date - Unavailable