Curriculum

Bankruptcy

B725 is taught by P. Foohey

This course examines the nature of the legal relationship between debtors and creditors under the Bankruptcy Code as well as under nonbankruptcy law. It is intended to be a survey course that provides a general basis for advising consumer and business clients considering filing for bankruptcy or wanting to avoid detrimental impacts of others# bankruptcy filings. It also will provide knowledge to support subsequent detailed study of business reorganization, bankruptcy procedure, and international bankruptcy. Subjects covered include debt collection procedures under state law, the purposes of bankruptcy, liquidation under Chapter 7 of the Bankruptcy Code, individual debt adjustment under Chapter 13 of the Bankruptcy Code, business reorganization under Chapter 11 of the Bankruptcy Code, international coordination under Chapter 15 of the Bankruptcy Code, recovery of fraudulent transfers and preferential transfers, and the jurisdiction of the bankruptcy courts.

This course uses a problems-based approach to bankruptcy. You are expected to attend every class (including the first class) prepared to discuss the assigned materials and problems. At the beginning of class, we briefly will discuss the theory and substance of the law. Most or all of the class sessions will be spent working through a series of problems, which you are expected to prepare prior to class.

The course grade is based on an eight-hour take-home examination consisting of two or three longer essay questions, with slight adjustments for class participation.

There are no prerequisites for this course.