Chapter 11 Bankruptcy



SLN #: 26734
Course Prefix: LAW-655
Course Section: 001
Credit Hours: 3
Instructor(s): Haines

Course Description:
This course will cover the law and practice of reorganizing business entities under Chapter 11 of the United States Bankruptcy Code. It will begin with the history of reorganization law and a survey of the kinds of financial problems for which chapter 11 provides a remedy. It will then address strategic issues in the filing of the case and the operational issues of maintaining a viable business entity while undergoing reorganization. The core of the course is how creditors’ claims and equity interests can be treated and modified in a plan of reorganization, and how such treatment can resolve the financial issues that necessitated the filing. This will include not only the legal requirements for permissible treatment but also the procedural and voting mechanisms necessary to obtain acceptance of the plan by classes of creditors or its confirmation by the court over the objections of creditors. It will conclude with consideration of how to negotiate and draft an acceptable plan. If time permits certain post-confirmation issues may also be covered such as continuing jurisdiction of the bankruptcy court, res judicata effect of the confirmation order, remedies for plan defaults and successive bankruptcy filings. Attendance is expected and up to two points will be added or subtracted for participation. Neither Creditor/Debtor Relations, Business Associations, Secured Transactions nor basic Bankruptcy is a required prerequisite, but both Bankruptcy and Secured Transactions are highly recommended as providing useful background. This Spring 2009 course is scheduled to be offered every other year; therefore, the next scheduled offering of Chapter 11 Bankruptcy should be Spring 2011.

Additional Information:
Credit Hours: 3
Grading Option: Numeric Grade and ONE-Time Pass Option is Available, or Letter Grade Only
Graduation Writing Requirement: No
Flexible Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes, up to 2 points added or subtracted
Attendance Policy: Per Statement of Student Policies
Additional Attendance Policy: Regular attendance is expected
Online Course Site: None