Details

Bankruptcy Trial Practice

This course will provide students with an "as practiced" experience of fundamental elements of the Chapter 11 bankruptcy reorganization process. Teams of student will prepare for and conduct evidentiary hearings and present oral argument in connection with 1) use of cash collateral and debtor-in-possession financing, 2) approval of procedures for sale of assets, as well as the terms and conditions of a stalking-horse bid and associated bidder protections, 3) trial to avoid fraudulent transfers under both constructive and actual fraud theories, and 4) a contested Chapter 11 plan confirmation. Students will hone their "in-court" skills on course-long teams as counsel for the debtor, secured creditor, or creditors committee, respectively. Some sessions may include guest instructors, including financial and accounting experts, lenders, in-house bank counsel and workout officers, and current or former bankruptcy judges. The class will also cover other key concepts that drive the Chapter 11 process, including: Pre-filing Strategic Positioning, Key First-Day Components, Dealing with Executory Contracts and Collective Bargaining Agreements, Appointment of Trustee or Examiner; Plan Exclusivity and Approval of Disclosure Statement and Mass Torts and Environmental Issues. Grades will be determined 70% on class participation and 30% on an exam that will last not more than two hours.


Catalog Number: BUSCOM 633
Practice Areas: Civil Lit. and Dispute Resolution


Course History

Spring 2014
Title: Bankruptcy Trial Practice
Faculty: Small, Michael Joseph
Prager, Mark L
Section: 1     Credits: 2.0
Capacity: 12     Actual: 4



Spring 2013
Title: Bankruptcy Trial Practice
Faculty: Small, Michael Joseph
Prager, Mark L
Section: 1     Credits: 2.0
Capacity: 12     Actual: 0



Spring 2012
Title: Bankruptcy Trial Practice
Section: 1     Type: Seminar     Credits: 2.0
Capacity: 12     Actual: 0