Assignment: Inside Bankruptcy Law Chapters 1, 2, and 3 Ch. 1 The Secured Creditors Rights: A Brief Intro A. Types of Secured Claims or Liens a. Voluntary liens b. Involuntary liens i. Judicial liens ii. Statutory liens B. Liens Attach to a Specific Property
Ch. 1 Notes: Secured creditors get better treatment b/c they have a security agreement w/the debtor giving them K rights to the collateral supporting their loan Lower-risk loan Secured creditors have Collateral or security backing right to take prop from borrower if borrower doesnt repay o security interest right to take the property if the debtor doesnt pay o secured lender can take the collateral if not repaid, more likely it will be paid o borrowers pledge collateral to secure a loan unsecured creditor lender w/o collateral (gen. creditor) when debtor defaults on unsecured, unsecured cannot simply take collateral, b/c no coll to take o remedy court, prove owes debt, get judgment, try collecting
A. Types of secured claims or liens (3) a. Voluntary liens created by K b/t the debtor and creditor. D typically gives an Art 9 security interest or a mortgage to a secured party in order to obtain credit from creditor b. Involuntary i. Judicial liens created by court through execution process, not created by K, C tries collecting by taking property through judgment, execution and sale process, all occur against Ds will. ii. Statutory liens (common law liens) court-created rule of law, example LLs lien in property left on premises by a T, LL can sell and use proceeds to pay past rent; mechanics lien
Ch. 2 State Collection Law A. State Court Collection Process a. The execution process b. Involuntary real estate liens B. State law exemptions a. State law exemptions and bankruptcy C. The Fair Debt Collection Practices Act and other Regulation of Collection Activity D. Fair Credit Reporting Act p. 11-22 E. Fraudulent Transfers Under the Uniform Fraudulent Tramnsfers Act (UFTA) a. The purpose of fraudulent transfer law b. The elements of a fraudulent transfer
Ch. 3 Intro to the Bankruptcy System A. Intro to Bankruptcy Theory B. A brief history of bankruptcy C. Intro to the types of bankruptcy cases (CHAPTER 7, 13, 12, 11, 9, 15) D. Bankruptcy court jurisdiction and the Law Bankruptcy Courts Apply E. Case administration and the Structure of the code
Class 2: Wednesday, June 26
Topic: Types of U.S. Bankruptcies Assignment: Inside Bankruptcy Law Chapters 10, 13 and 14; Bankruptcy Code (BC) 101 through 109
Class 3: Thursday, June 27
Topic: Automatic Stay Assignment: Inside Bankruptcy Law Chapters 4 and 17; BC 361 and 362
Class 4: Friday, June 28 Topic: Property of the Estate; Exemptions Assignment: Inside Bankruptcy Law Chapters 5 and 6; BC 541 through 543
Class 5: Monday, July 1 Topic: Secured Claims and Avoiding Powers Assignment: Inside Bankruptcy Law Chapters 8 and 9, BC 506; 544 through 554
Class 6: Tuesday, July 2 Topic: Priority Claims Assignment: Inside Bankruptcy Law Chapter 7; BC 507
Class 7: Wednesday, July 3 Topic: Begin discussion of discharge Assignment: Inside Bankruptcy Law Chapter 11, BC 523, 727, 1141 and 1328
Class 8: Monday, July 8 Topic: Discharge discussion continues
Class 9: Tuesday, July 9 Topic: Discharge discussion continues p. 23 - 40
Class 10: Wednesday, July 10 Topic: Cross Border Bankruptcy Assignment: See Blackboard
Class 11: Thursday, July 11 Topic: Sovereign Debt Restructuring Assignment: See Blackboard
Class 12: Monday, July 15 Topic: Bankruptcy Laws of Northern Europe Assignment: See Blackboard
Class 13: Tuesday, July 16 Topic: Bankruptcy Laws of Southern Europe Assignment: See Blackboard
Class 14: Wednesday, July 17 Topic: Bankruptcy Laws of North and Central America Assignment: See Blackboard
Class 15: Thursday, July 18 Topic: Bankruptcy Laws of South America Assignment: See Blackboard
Class 16: Monday, July 22 Topic: Bankruptcy Laws of Africa and of Israel Assignment: See Blackboard.
Class 17: Tuesday, July 23 Topic: Bankruptcy Laws of Islamic Countries outside Africa Assignment: See Blackboard
Class 18: Wednesday, July 24 Topic: Bankruptcy Laws of China/ Japan and other Asian Countries Assignment: See Blackboard
Class 19: Thursday, July 25 Topic: Bankruptcy Laws of Australia and New Zealand Assignment: See Blackboard
Class 20: Friday, July 26 Topic: Bankruptcy Laws of Russia/India Assignment: See Blackboard