Mr. James M. Lynch,
2 credits day; 2 credits evening.
The course covers the history and philosophy of the Bankruptcy Acts of 1978, 1984, 1986 and 1994, and Bankruptcy Rules as interpreted by the Supreme Court and the other inferior courts. It includes relief under chapters 7, 11 and 13 of the Bankruptcy Code, complaints, motions and applications. The course deals extensively with the rights and duties of debtors and creditors, among which are: the automatic stay and executory contracts.
Faculty comments: This bankruptcy course provides the student with an understanding of the basic legal principles and processes of federal bankruptcy law. The student will learn the duties, functions and statutory powers of a bankruptcy trustee and the rights and responsibilities of the debtor in Chapter 7, 11 and 13 cases. Students will learn how to file a bankruptcy petition, when and how to file a proof of claim for a creditor, and what rights a creditor can assert in a bankruptcy case. Much of the class time is lecture, but students have the opportunity in each class to brief cases and discuss issues and problems posed by the cases and by the statute. The grade is based on a final exam, which contains both objective and essay questions. Students who participate in class discussion and brief cases well may have a half grade added to their exam grade.
Prerequisite: Corporations or Commercial Law, Secured Transactions is suggested
Meets Financial Services Concentration Requirements
Final Exam Required
<<Course Updated: March 11, 2016>>