Bankruptcy and Creditors' RightsCarret icon
(3 cr.) As events of the Great Recession have demonstrated, insolvency and the potential for insolvency affect many transactions and complicate efforts to enforce judgments and to resolve disputes. Practitioners in many fields including lending, commercial transactions, general litigation and family law will confront a bankruptcy issue at some point in their careers. This class begins with an overview of the various state law creditor remedies and debtor protections. The course focuses primarily on relief available for consumer and business debtors and the treatment of claims of secured and unsecured creditors under the Bankruptcy Code. Students explore issues in Chapter 7 (liquidation), Chapter 13 (individual reorganization) and Chapter 11 (business reorganization) bankruptcies. They survey out-of-court procedures such as workouts, sales under the UCC, compositions, receiverships and assignments for the benefit of creditors. Class discussion focuses more on problems than cases. The class applies legal principles in discussing solutions to practical problems. To the extent feasible, the class invites guests who practice in the field, examines pleadings in actual cases and provides practice pointers to assist students in the transition to becoming a lawyer. Every Year, All
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