LAWS230 Creditor, Debtor Rights and Remedies
Department of Business Studies: Business Studies Department Archive
- I. Course Number and Title
- LAWS230 Creditor, Debtor Rights and Remedies Course No Longer Offered
- II. Number of Credits
- 3 credits
- III. Minimum Number of Instructional Minutes Per Semester
- 2250 minutes
- IV. Prerequisites
- LAWS100 or LAWS110
- V. Other Pertinent Information
- VI. Catalog Course Description
- A study of the major elements of debt collection, including customer fair debt collection practices, self-help repossessions, mortgage, mechanic's lien law with an emphasis given to federal bankruptcy.
- VII. Required Course Content and Direction
- Develop an understanding of the role of the paralegal in a debt collection practice.
- Understand the ethical and legal issues in debt collection practice
- Understand the rights of debtors in the debt collection process.
- Recognize those areas of practice that are likely to be encountered in a law office engaged in the specialty of debt collection and bankruptcy.
- Recognize and have a general familiarity with the substantive issues in this specialized area of this practice.
- Understand the procedural litigation issues in this area of practice.
- Understand the state and federal consumer protection laws.
- Understanding of the impact of Federal Bankruptcy on the collection process.
Planned Sequence of Topics and/or Learning Activities:
- Introduction; Creditors with liens; Creditors with Priority; Extra judicial Collection; Dunning Procedures
- Repossession v. Replevin; Federal Fair Credit Reporting Act,Federal Truth In Lending
- Federal Fair Debt Collection Practices Act
- Mortgage Foreclosure Procedure Under PA RCP generally and under PA. R.C.P 3129 specifically; Act 6 of 1974; Usury; Legal Defenses; Judgment and Sheriffs Sale of Real Estate; Actions in Ejectment and Quiet Title, Confession of Judgment on the Note; Types of Mortgages; Mortgage Conditions; Recording and Satisfaction of Mortgages; Discharge and Satisfaction; Act 91 of 1953; Review of Mortgage Foreclosure Pleadings
- Judicial Debt Collection; Statute of Limitations; Judgment By Award or Verdict; Default Judgment; Foreign Judgment; Confession of Judgment
- Post Judgment Collection; Execution; when Lien is Acquired;Sheriffs Sales; Property Claims; Depositions and Interrogatories in Aid of Execution; Garnishment. Record Keeping and management for debators.
- Common Law Possessory Lien; Artisan Lien; Attorney''s Lien; Innkeeper Lien; Pennsylvania Mechanic''s Lien Law of 1963
- Municipal Tax Claims; Federal Tax Liens Assignments for the Benefit of Creditors Composition and Extension
- Bankruptcy Chapter 7 Liquidation
- Bankruptcy - Chapter 13 Rehabilitation for Individuals with Regular Income
- Chapter 11 Business Reorganization; Petition; Schedules and Statement of Affairs; Continued Operation of Business; Creditors Committee; Operating Statements; Plan and Disclosure Statement; Acceptance; Confirmation
Assessment Methods for Core Learning Goals:
Reference, Resource, or Learning Materials to be used by Students:
- See course outline for required textbook and other supplements.
- Selected readings from periodicals and newspapers
- VIII. Teaching Methods Employed
- Reading assignments
- Classroom lectures
- Discussion of questions, exercises and problems, cases and projects
- Audiovisual aids
- Computer exercises including online access to bankruptcy court
Review/Approval Date - 9/02