821 Bankruptcy - §001, Spring 2012

Categories: Business, Corporate, Commercial Law Bankruptcy Law

Instructor(s) Lipson, Jonathan

The Bankruptcy course looks at the law of debt from a variety of perspectives, with a special emphasis on what happens when it is not repaid. We begin with the simplest of all debts:  The unsecured claim, and how it is collected (or not).  We then turn to debts that are secured by property (real or personal), and consider how those obligations are enforced.  We then consider how these (and similar) obligations are sorted out when a debtor encounters serious financial distress, and seeks protection under the federal bankruptcy laws.  Along the way, we will likely consider various social and policy issues presented by the use of debt in our system of private ordering, including those presented by the current credit crisis, the various (non-bankruptcy) responses to it, and the complex variations on the basic transactions that brought us to this point. This course will overlap to some extent with (but is not a substitute for) the Secured Transactions course

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