Bankruptcy

Catalog description

A survey course designed to provide an understanding of consumer and business bankruptcy proceedings. Begins with an overview of the relationship between debtors and creditors outside of bankruptcy under state law, including an examination of the Federal Debt Collection Practices Act. Covers consumer proceedings (Chapters 7 and 13) and business proceedings under Chapter 11 and the new Subchapter V for small businesses. If time permits, practitioners will share their insights about bankruptcy proceedings in Nebraska. Includes completion of forms for a consumer bankruptcy and drafting a motion for relief from the automatic stay with a supporting memorandum. Emphasizes monitoring legal developments in bankruptcy by identifying and commenting on current issues in the field, and provides opportunities to practice statutory interpretation and writing skills. Evaluation is based on class participation, a short memorandum related to Chapter 12 (farm) bankruptcies, and a final examination.