Courses

College of Law

Bankruptcy Law

Course Number: 6620
Professor: Keith Aurzada (Adjunct)
Credit Hours & Type of Credit: 3
Semester Offered: Spring
Required: No
Prerequisites: Students must have completed their first year of law school.
Recommended Courses: None.

Course Overview: This class focuses on the consumer and business bankruptcy process, principally in the context of cases commenced by individuals and business entities under Chapters 7, 11 and 13 of the Bankruptcy Code.  The course is designed as an introductory course in consumer and business bankruptcy for the student who has not taken another bankruptcy course.  I recommend that students either have taken a course on secured transactions or at least have some familiarity with that part of the law. The course will also focus on the Small Business Reorganization Act as well as the Cares Act, and in particular Sub-Chapter V of Chapter 11.

At the end of this course, it is my hope that each student will have an ability to recognize when bankruptcy law applies and how it might assist clients.  The ability to spot issues and to avoid pitfalls created by the Bankruptcy Code will be paramount.  There is not sufficient time to teach the true mechanics and filing a bankruptcy case; however, it is my hope that the general process can be summarized in a fashion that will allow students to successfully navigate these waters in practice.

Course Materials: The Law of Debtors and Creditors: Text, Cases, and Problems (Wolters Kluwer, 8th edition 2021) (text).

There were substantial changes to bankruptcy law in October 2005.  Therefore, materials published prior to that date may well be outdated and possibly dangerously misleading.  Do not use ancillary/supplemental materials published prior to that date. Further, the Small Business Reorganization Act and the Cares Act made substantial changes to the bankruptcy law in 2019 and 2020, respectively.

Course Format: We will split class time on traditional case analysis and practical problems.  You will need to analyze the cases in the Text (and supplemental cases that I will assign from time to time) on your own and be prepared to discuss and apply them, as well as the applicable sections of the Bankruptcy Code, in order to (1) contribute to the class discussion and (2) address the problems that will be assigned prior to each class. .

Written Assignments: Quizzes will be assigned a few times during the semester through Westlaw/TWEN.

Type of Exam: One final examination

Basis for Grading Student Performance: Attendance, participation, student presentation, and one final examination. Students will be required to teach all or part of a lesson during the semester as a means to develop a deeper understanding of at least one part of the course. 

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