Description:

This course will familiarize the student with the purpose and application of the federal Bankruptcy Code. Topics will include Bankruptcy Court procedures and the preparation of bankruptcy forms and documents. Emphasis will be on the role of the legal assistant in a bankruptcy practice. 2 hrs. lecture/wk.

Supplies: Refer to the instructor's course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Describe the evolution of bankruptcy philosophy” and treatment” from its origins to modern U.S. law.
2. Explain how the bankruptcy laws are designed to benefit both debtor and creditor.
3. Describe the organization and structure of the federal Bankruptcy Court system, and applicable procedural rules.
4. Identify and describe other legal rules and principles which are applicable to bankruptcy proceedings.
5. Exhibit a familiarity with and be able to use appropriately specialized bankruptcy law” terminology.
6. Explain the role of the paralegal in a bankruptcy legal practice.
7. Research bankruptcy law in both primary and secondary authority resources.
8. Identify and explain the role of the participants in the bankruptcy process.
9. Describe the criteria and procedures for advising both the debtor- and creditor-client.
10. Define and describe the nature, consequences, and eligibility requirements for filing both a Chapter 7 and Chapter 13 bankruptcy.
11. Prepare the appropriate forms and assist in the filing of both a Chapter 7 and Chapter 13 bankruptcy filing.
12. Identify and describe other forms of voluntary bankruptcy, their eligibility requirements, and required procedures, which may be available to a client.
13. Identify and describe the forms of involuntary bankruptcy, and the criteria and procedures for their initiation
14. Describe the procedures to be followed for administration of a bankruptcy estate, and distinguish between the treatment of secured vs. non-secured creditors.
15. Describe the procedures to be followed for administration of a bankruptcy estate, and distinguish between the handling of an “asset” vs. a “no-asset” estate.

Content Outline & Competencies:

I. Overview of Bankruptcy Law
   A. Evolution
      1. Identify and describe the historical origins of the present-day
bankruptcy system.
      2. Distinguish the treatment of bankruptcy matters in the U.S.
   B. Purpose
      1 . Explain how the bankruptcy laws are designed to offer protection
to the debtor.
      2. Explain how the bankruptcy laws are designed to offer protection
to the creditor.
   C. Courts and jurisdiction
      1. Describe the structure and organization of the federal Bankruptcy
Court system.
      2. Explain the significance and applicability of local court rules.
   D. Other applicable laws
      1. Describe the relevance and applicability of UCC provisions.
      2. Describe the relevance and applicability of other real estate
ownership and financing regulations.
   E. Role of the bankruptcy paralegal
      1. Define and use specialized “bankruptcy” terminology.
      2. Identify and describe the function of the paralegal in a
bankruptcy practice.
   
II. Research in Bankruptcy Law
   A. Primary authority
      1. Locate and utilize applicable sections of the Federal Bankruptcy
Code.
      2. Locate and utilize applicable provisions of the Federal Rules of
Bankruptcy Procedure.
      3. Locate and utilize applicable Bankruptcy law court decisions.
   B. Secondary authority
      1. Explain the uses of secondary authority resources.
      2. Identify and utilize relevant secondary authority resources.
   
III. Entities Involved in the Bankruptcy Process
   A. Debtor
      1. Define and explain the role of the debtor in the bankruptcy
process.
      2. Define and explain the role of the debtor’s legal
representative.
   B. Creditor
      1. Define and explain the role of the creditor in the bankruptcy
process.
      2. Identify and define other “parties in interest” in the
bankruptcy process.
   C. Bankruptcy Court personnel
      1. Explain the role and authority of the Bankruptcy Court Judge.
      2. Explain the role and authority of the Bankruptcy Court Clerk.
      3. Explain the role and authority of the U.S. Trustee.

IV. Client Counseling
   A. The debtor-client
      1. Identify and describe the various alternatives to bankruptcy
available to the debtor.
      2. Identify and explain the bankruptcy choices available under the
Bankruptcy Code.
   B. The creditor-client
      1. Identify and describe the choices available to the creditor when
the debtor has filed bankruptcy.
      2. Identify and describe the choices available to the creditor when
the debtor has not yet filed bankruptcy.
   
V. Chapter 7 Bankruptcy
   A. Nature
      1. Explain the nature and consequences of a Chapter 7 bankruptcy
filing.
      2. Evaluate a debtor’s eligibility for a Chapter 7 bankruptcy
filing.
   B. Procedures
      1. Conduct an information-gathering interview with the debtor.
      2. Prepare the necessary forms used in a Chapter 7 bankruptcy
proceeding.
      3. Describe the procedures for filing a Chapter 7 bankruptcy
proceeding.
      4. Define and explain the consequences of the “automatic stay.”
      5. Identify and describe the duties of a debtor under a Chapter 7
bankruptcy proceeding.
      6. Identify and describe the rights of a creditor under a Chapter 7
bankruptcy proceeding.
      7. Explain the purpose of the meeting of creditors.
      8. Identify and explain various “objections to discharge” which
might be raised by creditors.
      9. Prepare amended schedules and statements.
     10. Identify and explain provisions regarding disposition of property
of the debtor’s estate under a Chapter 7 discharge.
     11. Explain the effect of a Chapter 7 discharge.
     12. Describe the effect of a debtor’s reaffirmation of a
dischargeable debt.
     13. Identify and describe a creditor’s claims, setoff, and
dividends.
     14. Describe the procedures for dismissal, conversion, or closing of
a Chapter 7 case.

VI. Chapter 13 Bankruptcy
   A. Nature
      1. Explain the nature and consequences of a Chapter 13 bankruptcy
filing.
      2. Evaluate a debtor’s eligibility for a Chapter 13 bankruptcy
filing.
      3. Draft a workable budget.
   B. Procedures
      1. Conduct an information-gathering interview with the debtor.
      2. Prepare the necessary forms used in a Chapter 13 bankruptcy
proceeding.
      3. Describe the procedures for filing a Chapter 13 bankruptcy
proceeding.
      4. Define and explain the consequences of the “automatic stay.”
      5. Identify and describe the duties of a debtor under a Chapter 13
bankruptcy proceeding.
      6. Identify and describe the rights of a creditor under a Chapter 13
bankruptcy proceeding.
      7. Explain the purpose of the meeting of creditors.
      8. Identify and explain the criteria for obtaining confirmation of a
Chapter 13 plan.
      9. Draft modifications to a Chapter 13 plan after confirmation.
     10. Identify and explain provisions regarding disposition of property
of the debtor’s estate under a Chapter 13 discharge.
     11. Explain the effect of a Chapter 13 discharge.
     12. Describe the criteria for and consequences of an unsuccessful
Chapter 13 case.
     13. Describe the procedures for closing a Chapter 13 case.

VII. Other Forms of Voluntary Bankruptcy
   A. Chapter 12 bankruptcy
      1. Explain the nature and consequences of a Chapter 12 bankruptcy
filing.
      2. Evaluate a debtor’s eligibility for a Chapter 12 bankruptcy
filing.
      3. Distinguish the differences between a Chapter 12 filing and a
Chapter 7 or 13 filing.
   B. Chapter 11 bankruptcy
      1. Explain the nature and consequences of a Chapter 11 bankruptcy
filing.
      2. Evaluate a debtor’s eligibility for a Chapter 11 bankruptcy
filing.
      3. Distinguish the differences between a Chapter 11 filing and a
Chapter 7 or 13 iling.

VIII. Involuntary Bankruptcy
   A. Identify and describe the criteria and procedures for filing an
involuntary Chapter 7 bankruptcy.
   B. Identify and describe the criteria and procedures for filing an
involuntary Chapter 11 bankruptcy.

IX. Bankruptcy Administration
   A. Order of distribution
      1. Describe the procedures for liquidating a debtor’s assets.
      2. Explain the treatment of secured vs. non-secured creditors.
   B. Method of distribution
      1. Explain how a debtor’s assets are distributed to secured
creditors vs. nonsecured creditors.
      2. Distinguish the procedures and time required to close a
bankruptcy matter in both asset and no-asset cases.

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of two examinations     25% of course grade
Documents drafting projects       75% of course grade
                                 100%
   Grade Criteria:
   A =      
   B =    
   C =    
   D =    
   F = 

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.