Chapter 11 Bankruptcy

SLN #: 39347
Course Prefix: LAW-655
Course Section: 1001
Credit Hours: 3
Instructor(s): Salerno;Baum
Course Books: View List of Books

Course Description:
This course will cover corporate business reorganizations under Chapter 11 of the United States Bankruptcy Code. It will explore legal and economic strategies used when filing a plan of reorganization and securing financing, the powers of the debtor in possession, negotiation of a plan, classification of claims and interests, sales of assets, and issues arising during and after plan confirmation. The professors have combined almost 100 years' experience in complex Chapter 11 bankruptcy cases and bring to the course both the judicial and practitioner's perspectives. The course will also utilize guest lecturers in the areas of understanding financial concepts necessary for a Chapter 11 case. There are no required prerequisites, although a general Bankruptcy survey course and Secured Transactions are recommended as background. These courses can be taken concurrently. This course will teach three things: (1) the substantive law and rules of bankruptcy chapter 11 business reorganizations; (2) business and financial concepts inherent in every chapter 11 restructuring; and (3) "on your feet" presentation skills. At the conclusion of this course, students should expect to have attained knowledge in the following five (5) areas: (a) familiarity with the "restructuring process", including identities of the usual participants in these cases and the dynamics between the competing constituents in Chapter 11 cases; (b) understanding of how the various parts of the Bankruptcy Code and applicable non-bankruptcy law weave together to form the legal backdrop in which all Chapter 11 cases exist; (c) understanding the basic financial concepts which underlie, and are inherent in, every Chapter 11 restructuring; (d) familiarity with the types of restructuring alternatives available to financially distressed business enterprises; and (e) familiarity with certain "real world" strategic issues and concerns involved in the restructuring process. The class will be interactive with student participation expected in each class. There will be a traditional final exam, which will be open book, and will involve issue spotting and analysis based on fact patterns. . To prepare students for the world of restructurings, they will be called upon by the professors to recite facts and holdings in applicable cases, and will be required to stand while doing so, if possible. Students should be prepared to be respectfully challenged on conclusions and other matters as part of the give and take of the process. Grades will be based on the final exam grade plus students’ performance in classroom exercises.

Additional Information:
Credit Hours: 3
Grading Option: Letter Grade Only
Written Assignment: No
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: No
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Final Exam Given: Yes
Final Exam Type: In-Class - Completely Secure
Mid Term Or Other Exam: No
Paper Or In-Class Presentation: No
Participation Points: Yes
Attendance Policy: Per Statement Of Student Policies
Additional Attendance Policy: Regular attendance is expected
Teaching Method: In Person

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.