Bankruptcy Law

This class focuses on the Bankruptcy Code and Bankruptcy Rules and related statutes, including Articles 3 and 9 of the Uniform Commercial Code and the NY CPLR. The course will not use a casebook. Instead, our primary text will be the current 16th edition of Collier on Bankruptcy (“Collier”) which is available for free on-line on LEXIS. Collier is by far the most widely accepted professional treatise on the Bankruptcy Code and Bankruptcy Rules, organized section-by-section of the Bankruptcy Code and Rule by Rule of the Bankruptcy Rules It has hyperlinks to many reported decisions on each topic; I will instruct you to read certain of those decisions one or two classes in advance of the class in which the decision will be discussed, but you will greatly increase your understanding of the subject matter if you separately look up decisions in the Collier text that you will be reading to help refine the text’s message. I may also give you a case to read that is not cited in the relevant Collier section. I will also give you factual scenarios one or two classes in advance that you should be prepared to discuss during the appointed class. As we move through the semester and you become more comfortable with the underlying law, a significant amount of class time will be spent on negotiation simulations. You are responsible for the textual material as well as the cases that we will discuss in class, and for participating in the discussions and simulated negotiations. By the end of the course, students should demonstrate an understanding of the fundamental policies and organization of the Bankruptcy Code and the options available to financially distressed debtors and their creditors. Additionally, they should be able to demonstrate an ability to understand and negotiate a resolution of certain common disputes that arise in bankruptcy cases.