| Professor Nicholas L. Georgakopoulos | |||||||||
| Debtor-Creditor Relations, Fall 2001 | |||||||||
| Syllabus as of October 29, 2001 | |||||||||
| All citations are to the book Baird, Jackson & Adler, Bankruptcy Cases, Problems, and Materials on Bankruptcy. The readings are available on-line as links at the bottom of this syllabus. | |||||||||
| Week | 1 | Wed, Aug 22 | Individual Debt Collection Outside Bankruptcy, 4-19 (think about all the problems) | ||||||
| Week | 2 | Mon, Aug 27 & Wed, Aug 29 | The Butner Principle, 20-30 (think about all the problems) | ||||||
| Week | 3 | Wed, Sep 5 | The Fresh Start Policy, Local Loan Co. v.
Hunt, 292 U.S. 234, 1934 (read it from the link at the bottom of this
syllabus on-line or download it from Lexis or Westlaw please) Consider the
following two questions: Why should the fresh start even exist? If debtors
receive a fresh start, what are the arguments that they should not be allowed
to waive this right (sell it to their creditors)? Essentialy, this is problem
2A(2), p. 30. Read pp. 469-75 for this discussion. Commencement of the Case, 54-58, problems 3A(1), 3A(2), 3A(3) |
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| Week | 4 | Mon, Sep 10 & (rescheduled) | Dismissal and Abstention, 77-87 (skip the
problems) Filing the Bankruptcy Petition, 64-77, Exercises 3B(1) through (5), but not Prob. 3B of page 77 |
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| Week | 5 | Mon, Sep 17 & Wed, Sep 19 | Automatic Stay 88-123 (do problems) | ||||||
| Week | 6 | Mon, Sep 24 & Wed, Sep 26 | finish Automatic Stay Claims against the Estate, Ohio v. Kovacs, Epstein v. Unsecured Creditors 124-137 (do problems). You can access the spreadsheet we made by the link at the end. |
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| Week | 7 | Mon, Oct 1 & Wed, Oct 3 | Allowing and Estimating Claims, 137-160
(do the problems, but only skim In re A.H.Robbins Co; just figure out the
positions the different committees were taking: who wanted to disallow
punitive damages, who not, who to subordinate them?) Secured Claims, Dewsnup v. Timm, 112 S.Ct. 773 at p. 482 of the book |
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| Mon, Oct 8 & Wed, Oct 10 | Finish secured claims | ||||||||
| Week | 8 | Mon, Oct 15 & Wed, Oct 17 | Fall break-no classes | ||||||
| Week | 9 | Mon, Oct 22 & Wed, Oct 24 | Executory Contracts Definition, Assumption: 198-229 | ||||||
| Week | 10 | Mon, Oct 29 & (rescheduled) | Executory Contracts Rejection 230-240 Reading: Bebchuck & Fried, The Uneasy Case for Providing Secured Creditors with Absolute Priority in Bankruptcy |
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| Week | 11 | Mon, Nov 5 & Wed, Nov 7 | Executory Contracts: Rejection 230-240 Avoiding Powers p. 241-255 (do the Exercises; not In re Ozark Restaurant Equipment); do the exercises on p. 267-68. Fraudulent Conveyances p. 276-290 (BFP v. Resolution Trust Corp.; do the exercises) |
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| Week | 12 | Mon, Nov 12 & Wed, Nov 14 | finish Fraudulent Conveyances Unreasonably Small Capital p.290-92; problem 8C-2 p. 306 Voidable Preferences p. 308-315 |
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| Week | 13 | (rescheduled) | Voidable Preferences,cont'd, problems
8D-1 to 8D-4 at p. 323 Earmarking p. 324-329 |
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| Week | 14 | Mon, Nov 26 & Wed, Nov 28 | Safe Harbors p. 329-342 (Wolas is one of
our most important cases) Setoffs p. 342-345 [ do exercises 8E(1) to 8E(3) ] Administering the Estate: Use of Assets: Official Committee of Unsecured Creditors v. Mabey, p.386-394, do Problem 9C-1. |
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| Week | 15 | Mon, Dec 3 | Why have a Chapter 11? Baird, A World
without Bankruptcy, Bebchuk, A New Approach to Corporate Reorganizations The Plan of Reorganization, 565-612 (classification, voting, new value) Finish; review |
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| Links: | Local Loan Co. v. Hunt | ||||||||
| Bebchuck & Fried, The Uneasy Case for Providing Secured Creditors with Absolute Priority in Bankruptcy | |||||||||
| Baird, A World without Bankruptcy | |||||||||
| Bebchuk, A New Approach to Corporate Reorganizations | |||||||||
| Discounting Spreadsheet | |||||||||