Basic HTML Version
Bankruptcy
Mr. James M. Lynch,
2 credits day; 2 credits evening. This bankruptcy course provides the student with an
understanding of the basic legal principles and processes of federal bankruptcy law. The student
will learn the duties, functions and statutory powers of a bankruptcy trustee and the rights and
responsibilities of the debtor in Chapter 7, 11 and 13 cases. Students will learn how to file a
bankruptcy petition, when and how to file a proof of claim for a creditor, and what rights a
creditor can assert in a bankruptcy case. Much of the class time is lecture, but students have the
opportunity in each class to brief cases and discuss issues and problems posed by the cases and
by the statute. The grade is based on a final exam, which contains both objective and essay
questions. Students who participate in class discussion and brief cases well may have a half
grade added to their exam grade.
The course covers the history and philosophy of the Bankruptcy Acts of 1978, 1984, 1986 and
1994, and Bankruptcy Rules as interpreted by the Supreme Court and the other inferior courts. It
includes relief under chapters 7, 11 and 13 of the Bankruptcy Code, complaints, motions and
applications. The course deals extensively with the rights and duties of debtors and creditors,
among which are: the automatic stay and executory contracts.
Prerequisite: Corporations or Commercial Law, Secured Transactions is suggested
Elective Course
Meets Financial Services Concentration Requirements
Final Exam Required