Course Details

Bankruptcy

This course covers Title 11 of the United States Code, the Bankruptcy Code. It includes both consumer and business bankruptcy. Students will learn the basic concepts of bankruptcy, and then how those concepts are applied in actual cases. In consumer cases, these concepts will include an individual's fresh start--the discharge of all pre-existing debt--and the identification of exempt assets. Students will also study the Bankruptcy Code's rehabilitation provisions, under which the debtor attempts to pay all or some part of the pre-bankruptcy debt: Chapter 13 plans for consumers and Chapter 11 reorganization proceedings for businesses. Principal attention is given to the substance of the bankruptcy laws, including the "avoiding powers" (for example, preferences, fraudulent conveyances, and cancellation of executory contracts), treatment of secured creditors (including the automatic stay against repossession or foreclosure), and priorities in asset distribution. Questions of jurisdiction and procedure are introduced, as are international implications of bankruptcy systems, but are not the major focus of the course. The course attempts to give balanced attention to the practice realities of negotiation and leverage within a complex of doctrinal rules and to the social and economic consequences of the bankruptcy system in both its consumer and commercial manifestations. Registration Requirements: There are no prerequisites, although a course in Business Associations and in Secured Transactions is recommended (or could be taken at the same time). Evaluation Method: Class participation and final examination. Class Materials: Instructor supplied materials for basic text, to be made available on Canvas. Statutory supplement will be: West Academic Publishing, Bankruptcy Code, Rules and Official Forms, June 2013 Law School Edition, ISBN-13-9780314281746.

Catalog Number: BUSCOM 665B


Course History

Spring 2017
Title: Bankruptcy
Faculty: Markell, Bruce A. (courses | profile)
Section: 1     Credits: 3.0
Capacity: 65     Actual: 27

Spring 2016
Title: Bankruptcy
Faculty: Markell, Bruce A. (courses | profile)
Section: 1     Credits: 3.0
Capacity: 65     Actual: 26

Fall 2014
Title: Bankruptcy
Faculty: Markell, Bruce A. (courses | profile)
Section: 1     Credits: 3.0
Capacity: 65     Actual: 36