Bankruptcy

Catalog description

This course is an introduction to federal bankruptcy law with an emphasis on business reorganization under Chapter 11 of the Bankruptcy Code. The course examines various aspects of the bankruptcy process including the automatic stay, the avoidance and recovery of certain pre-bankruptcy transfers (e.g., preferences and fraudulent transfers), the treatment of executory contracts, the financing of operations and investments in bankruptcy, and the sale of assets during the bankruptcy case. The course also examines selected Chapter 11 operating issues and the plan of reorganization. The course will consider several controversial issues that may arise in a bankruptcy setting, such as the treatment of mass torts in bankruptcy, forum shopping, the so-called "Texas Two-Step" maneuver, third-party releases, valuation, leveraged buyouts and distressed debt investing. The course brings the real world into the classroom by following current developments in actual bankruptcy cases, primarily through reports in the media and classroom discussion. Elements used in grading: Exam.