Law 794: Business Bankruptcy

This course studies the problems of financially distressed businesses, emphasizing coverage of chapter 11 of the U.S. Bankruptcy Code. This is a big topic. About 100,000 commercial bankruptcy cases will be filed over the next twelve months with an even larger number of businesses folding without ever seeing the inside of a bankruptcy courtroom. One obviously great reason to take the course is that bankruptcy, and especially business bankruptcy, is one of the hot practice areas in the current economic climate. However, even lawyers who do not specialize in business bankruptcy should know something about the topic. A working knowledge of chapter 11 will help lawyers working in corporate law, securities law, tort law, real estate law, banking law, family law, and many other areas.

 

The course structure will emphasize practical skills. Students will draft memoranda and points and authorities in support of motions they will argue to the rest of the class who will sit as an en banc bankruptcy court. After debriefing the attorneys on what arguments they found effective and which they did not, student members of the court will draft opinions or dissents as a real-life court would. Thus, the course will allow students a chance to get on their feet and practice their courtroom advocacy in a nonthreatening environment with lots of feedback on their advocacy skills. On days when court is not in session, the course will be taught seminar style, emphasizing discussion of the materials rather than lecture. The course grade will be based on the courtroom exercises plus class participation.

 

Prerequisite: Bankruptcy