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Nov 23, 2024
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LAW 2757 - Advanced Bankruptcy
This course will examine the reorganization of financially distressed businesses under Chapter 11 of the Bankruptcy Code and consider all aspects of Chapter 11 from the filing of the petition to confirmation of a plan of reorganization, conversion, or dismissal. Topics to be covered include property of the estate, the automatic stay, the avoidance of prebankruptcy transactions, the treatment of executory contracts and unexpired leases, the debtor’s governance structure during bankruptcy, jurisdiction and constitutional authority of the bankruptcy court, retention of professionals, asset sales, successor liability, post-petition financing of operations of bankrupt companies, and the process of negotiating, voting, and confirming a plan of reorganization, including under Subchapter V of Chapter 11 which changed the reorganization process for small business debtors. Class discussion will also include recent Supreme Court cases and Circuit splits. Additionally, because economic problems are becoming more global, topics may include transnational issues via cross-border insolvencies and a petition filed by a foreign representative seeking recognition of a foreign insolvency proceeding under Chapter 15 of the Bankruptcy Code.
Prerequisites & Notes
Prerequisite: Bankruptcy or the consent of the instructor.
Credits: 2 or 3
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