Grading Basis: Graded
Whether you practice commercial litigation, employment law, transactional law or work in house, most attorneys find themselves involved with a distressed business at some point in their practice. As a result, it is essential for attorneys of all levels and in all practice areas to become familiar with the fundamental tenets of corporate bankruptcy law. This course will provide an in-depth analysis of selected topics in bankruptcy law, with a focus on Chapter 11 of the Bankruptcy Code and corporate insolvency and restructuring. Topics will include: options for the financially distressed organization; operation of a corporation during a Chapter 11 case; confirmation of Chapter 11 business reorganization and liquidation plans, including common issues contested by creditors and parties in interest; the scope and limits of bankruptcy court jurisdiction; conflicts between the Bankruptcy Code and other federal and state laws and regulations, including labor laws, environmental laws, and securities laws; treatment of intellectual property rights in bankruptcy; and the treatment of secured claims. The course will also cover issues regarding corporate governance, business organizations, and distinctions between secured and unsecured forms of debt. Students will be expected to complete short, practical writing tasks during the course of the semester. In lieu of a final exam, students will prepare a final written research memorandum based on a model case problem.