Debtors’ and Creditors’ Rights

This course introduces you to the law governing the relations between debtors (those who owe) and creditors (those to whom obligations are owed). We will begin by reviewing non-judicial debt collection practices and limitations and judicial state law debt collection (this review will build upon concepts introduced in Secured Transactions). We will then study the Federal Bankruptcy Code, first examining overriding concepts and policies, then consumer bankruptcy cases. We will also consider, throughout the course, how parties and their attorneys can (and indeed must) take the effects of debtor/creditor laws into account in (i) counseling clients, (ii) negotiating, documenting and performing contracts, (iii) reducing risk, and (iv) resolving disputes with and without litigation. Recommended: Secured Transactions (LAW 554)