LAWS235 Bankruptcy (Experimental)

Department of Business Studies: Paralegal/Law

I. Course Number and Title
LAWS235 Bankruptcy (Experimental)
II. Number of Credits
3 credits
III. Number of Instructional Minutes
IV. Prerequisites
LAWS100 or LAWS110
V. Other Pertinent Information
VI. 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.
VII. Required Course Content and Direction
  1. Course Learning Goals

    Students will:

    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; and
    7. understand 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 Course Learning Goals

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

    • See course syllabus for required textbook and other supplements.
    • Selected readings from periodicals and newspapers.

Review/Approval Date - Unavailable; New Core 8/2015