Bankruptcy Law
BLKW300 — Bankruptcy Law, 3.0 hours
This course will teach students about the legal considerations that are part of the bankruptcy process and alternative remedies, as well as the intricate processes and legal processes that guide contemporary bankruptcy law.
Program Objectives
- Acquire knowledge of business and consumer bankruptcy law, policy, and practice, and of fundamental legal concepts relating to debtor-creditor relationships.
- Advance their proficiency in using, analyzing and interpreting the United States Bankruptcy Code (Title 11 of the United States Code) including Chapters 1, 3, 5, 7, 11, and 13.
- Acquire knowledge of the current system of bankruptcy courts created by United States Congress in 1978, effective April 1, 1984.which courts function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases.
- Acquire specific knowledge of Chapter 7 (Liquidation), Chapter 13 (Debt Restructuring), and Chapter 11 (Corporate Reorganization) Bankruptcies.
- Acquire knowledge of Creditors rights during a bankruptcy including “341 meetings.”
- Acquire knowledge of Debtor’s rights in bankruptcy including the automatic stay and adequate protections.
- Acquire knowledge of what constitutes exempt and non-exempt property.
- Demonstrate how to prepare bankruptcy documents, including a Chapter 7 Bankruptcy Petition and Schedules and statement of financial affairs.
Professor
Michael J. Bennett is an American historian and lawyer with teaching experience in the Early Republic, Civil War Era, and the law. He taught U.S. Constitutional History and American Legal History at Penn State University and Wake Forest. Dr. Bennett’s most recent book, Union Jacks: Yankee Sailors in the Civil War (2004), published by the University of North Carolina Press, eschews traditional explanations for why northerners went to war in 1861. The North American Society for Oceanic History awarded the book the John Lyman Book Award as the Best Book in United States Naval History for 2004.In May 2008, Wake Forest presented Dr. Bennett with its Distinguished Faculty Award in recognition of his contributions, dedication, and passion for teaching.
Online Support (IT) and Moodle Navigation
All members of the Lakewood University community who use the University’s computing, information or communication resources must act responsibly. Support is accessible by calling 1-800-517-0857 option 2 or by emailing info@lakewood.edu
Books and Resources
Grace Luppino, Robert A. Smith, Bankruptcy Law and Practice, 1st ed. Pearson, 2015.
Evaluation Method
Graded work will receive a numeric score reflecting the quality of performance.
Course Requirement Summary
- Assignments
- Weekly discussion forums
- Final Exam
Grading Scale
Graded work will receive a numeric score reflecting the quality of performance as given above in evaluation methods. The maximum number of points a student may earn is . To determine the final grade, the student's earned points are divided by .
Your overall course grade will be determined according to the following scale:
A = (90% -100%)
B = (80% - 89%)
C = (70% - 79%)
F < (Below 70%)
Assignment and Discussion Forum Post Rubrics
Writing Assignment Grading Rubric
|
Points |
Excellent |
Good |
Poor |
Very Poor |
No Response |
|
Original Posting ____/10 |
Writing assignment was well thought out, coherent, and thoughtfully organized with all parts of the questions addressed along with appropriate grammar and spelling |
Writing was clear and relatively well organized and responded to many/most of the key points with a few mistakes in regard to grammar and spelling |
Writing was somewhat confusing and not well organized and had little or no focus on the subject matter with significant grammar and spelling errors |
Writing is confusing and hard to follow with no organization while missing the point of the assignment entirely |
No Assignment |
|
Total Points ____/10 |
Additional Comments: |
Discussion Question Grading Rubric
|
Points |
Excellent Pass |
Good Pass |
Poor Fail |
No Response Fail |
|
Original Posting PASS/FAIL |
Original post reflected good focus to the discussion with well thought out ideas and appropriate grammar and spelling |
Original post responded to the topic in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Responded with little or no focus to the discussion and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Reply to fellow student PASS/FAIL |
Response to fellow student reflected good focus to the post with well thought out ideas and appropriate grammar and spelling |
Response to fellow student in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Little or no focus to the post and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Total Points PASS/FAIL |
Additional Comments: |
Academic Integrity/ Plagiarism
Cheating (dishonestly taking the knowledge of another person whether on a test or an assignment and presenting it as your work) and plagiarism (to take and pass off as one's own the ideas or writing of another) are a serious issue. While it is legitimate to talk to others about your assignments and incorporate suggestions, do not let others "write" your assignments in the name of peer review or "borrow" sections or whole assignments written by others. We do get ideas from life experiences and what we read but be careful that you interpret these ideas and make them your own.
I am aware that many types of assignments are available on the internet and will check these sources when there is legitimate suspicion.
Penalty is a zero on the assignment. In cases where there is a major or continuous breach of trust, further discipline, such as an "F" in the course, may be necessary.
The major consequence of any form of cheating is damage to your character and the result of trust and respect.
Disability Accommodations
Students who have a disability and wish to request an academic accommodation should contact Jim Gepperth, the Disabilities Services Coordinator and Academic Dean. The student can request an accommodation at any time although it is encouraged to do so early in the enrollment process. The student should complete an accommodation request form which begins a conversation between the school and the student regarding the nature of their disability and an accommodation that would help the student succeed in their program. The school may request documentation regarding the disability to address the accommodation request effectively. The school will communicate to the student the type of accommodation arranged. This process typically follows a team approach, bringing together persons from the academic department (including the instructor) and personnel from other departments as necessary. Additional information on disability accommodations may be found in the Lakewood University Catalog.
Disability Services Email: disabilityservices@lakewood.edu
Supplemental Texts
You can use the following resources to assist you with proper source citation.
American Psychological Association Style Guide- https://www.mylakewoodu.com/pluginfile.php/118179/mod_resource/content/1/APA%20Style%20Guide%207th%20edition.pdf
The Purdue OWL website is also a helpful resource for students. Here is a link to the OWL website: https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Library
Mary O'Dell is the Librarian on staff at Lakewood University
She is available by appointment. You can make an appointment with her by emailing her at modell@lakewood.edu or call at 1-800-517-0857 X 730
You may also schedule a meeting at this link: https://my.setmore.com/calendar#monthly/r3a761583354923270/01032020
She can assist you with navigating LIRN, research, citations etc.
Support
Each student at Lakewood University is assigned a Success Coach. Your Success Coach exists to assist you with academic and supportive services as you navigate your program. They will reach out to you, often, to check-in. Please use the resources they offer.
Student Services is available to assist with technical questions regarding Lakewood University and all services available to you.
1-800-517-0857 option 2
info@lakewood.edu
studentservices@lakewood.edu
Career Services
Students are offered Career Services at any point as they journey their academics at Lakewood University.
1-800-517-0857 option 2
careerservices@lakewood.edu
Objectives
- Acquire knowledge of business and consumer bankruptcy law, policy, and practice, and of fundamental legal concepts relating to debtor-creditor relationships.
- Advance their proficiency in using, analyzing and interpreting the United States Bankruptcy Code (Title 11 of the United States Code) including Chapters 1, 3, 5, 7, 11, and 13.
- Acquire knowledge of the current system of bankruptcy courts created by United States Congress in 1978, effective April 1, 1984.which courts function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases.
- Acquire specific knowledge of Chapter 7 (Liquidation), Chapter 13 (Debt Restructuring), and Chapter 11 (Corporate Reorganization) Bankruptcies.
- Acquire knowledge of Creditors rights during a bankruptcy including “341 meetings.”
- Acquire knowledge of Debtor’s rights in bankruptcy including the automatic stay and adequate protections.
- Acquire knowledge of what constitutes exempt and non-exempt property.
- Demonstrate how to prepare bankruptcy documents, including a Chapter 7 Bankruptcy Petition and Schedules and statement of financial affairs.
Lessons
- Introduction to Bankruptcy
- Sources of Bankruptcy Law
- Introduction to the Bankruptcy System
Study Course Syllabus
Read Chapters 1, 2, 3
Participate in the Discussion Forum
Complete Assignment 1
Lesson Evaluation
- The Automatic Stay
- The Means Test
- Liquidation
Read Chapters 4, 5, 6
Participate in the Discussion Forum
Complete Assignment 2
Lesson Evaluation
- Bankruptcy: Debt Restructuring for Individuals
- Reorganization
Read Chapters 7 & 8
Participate in the Discussion Forum
Complete Assignment 3
Lesson Evaluation
- Bankruptcy Creditors: Rights, Restrictions, and Responsibilities
- Voidable Preferences and Fraudulent Transfers
Read Chapters 9 & 10
Participate in the Discussion Forum
Lesson Evaluation
- Dismissal, Conversion, and Closing a Bankruptcy
- The Bankruptcy Discharge Course Topic
Read Chapters 11 & 12
Participate in the Discussion Forum
Lesson Evaluation
- Bankruptcy Intersections
- Bankruptcy Law Ethics and the Role of the Paralegal
Read Chapters 13 & 14
Participate in the Discussion Forum
Lesson Evaluation
- The Bankruptcy Client: Initial Intake and Related Matters
- Electronic Resources for Bankruptcy Practice
Read Chapters 15 & 16
Participate in the Discussion Forum
Lesson Evaluation
- Petitions, Schedules and Other Forms
- Motion Practice and Adversary Proceedings in Bankruptcy
Read Chapter 17 & 18
Participate in the Discussion Forum
Complete the Final Exam
Request the Next Course
Lesson Evaluation
THANKS FOR A GREAT CLASS