This course examines the federal bankruptcy system, exploring the rights and remedies of debtors and creditors under the U.S. Bankruptcy Code. It provides an in-depth study of Chapters 7 (liquidation), 11 (reorganization), and 13 (adjustment of debts for individuals), along with fundamental bankruptcy principles such as the automatic stay, discharge, exemptions, priority, and fraudulent transfers. The course also explores the intersection of bankruptcy with commercial law, consumer protection, secured transactions, and public policy.
Through case analysis, statutory interpretation, and real-world applications, students will learn how bankruptcy serves as a powerful yet delicate tool for both individuals and businesses to obtain relief and for creditors to recover assets in an orderly and equitable fashion.
Course Objectives
By the end of this course, students will be able to:
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Understand and interpret the core provisions of the U.S. Bankruptcy Code and Federal Rules of Bankruptcy Procedure.
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Analyze the structure, goals, and process of Chapters 7, 11, and 13 bankruptcies.
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Evaluate the rights of secured and unsecured creditors before and after a bankruptcy petition.
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Apply doctrines such as the automatic stay, discharge, and preferences to fact patterns and litigation.
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Assess the strategic, ethical, and policy considerations in personal and business bankruptcies.
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Navigate how bankruptcy interacts with state law, commercial law, tax law, and litigation.
