This
web site provides updated information about the course and upcoming
assignments. It also contains links to many of the handouts and materials used
in the course, as well as links to helpful bankruptcy-related sites on the
web. All materials on this web site for
use only by students enrolled in Bankruptcy at California Western School of
Law. Students in the class may copy
these materials to their own computers.
However, these materials may not be transferred to others or posted on
publicly accessible web sites. SOME
DOCUMENTS ARE PASSWORD PROTECTED. You
will receive the password by email.
Assignments
for the entire course are contained in the first few pages of the Photocopied
Assignments & Readings, or on line via this link: Assignments for the Semester. You may also check
on the specific assignments already covered in class via this link: Past Assignments. Make sure you always visit this part of the website a day or
two before class to check for changes. SOME DOCUMENTS ARE PASSWORD
PROTECTED. You will receive the password
by email.
1.
Thursday, January
17:
a.
Consumer
Debtor Requirements:
i. Review §707(b)(2)
ii. Review the case of In
re: Patricia Ann Garcia. The court
misinterprets §707(b)(2). Can you see why?
iii. Carefully review Official Form 22A (in your
Supplement). An on-line copy of the latest Form 22A & Committee Notes are
at these links: Form 22A (2010) | Committee Note (22A-C)
iv. Look at the U.S. Trustee Means Testing Page
v. Respond
to the following Means Testing Hypotheticals: PDF
Format, MsWord Format
b.
Debtor’s Duties & Attorney’s Obligations:
i. Part IV(A)(1)(c)(4)-(5).
ii. Read the Standing
Administration Guidelines for Chapter 7.
c.
Involuntary
Petitions: Part IV(A)(2).
i. Carefully read §303(b) and (h) and respond to this situation:
Fifteen employees are owed $255,000 in back wages. It appears that the employer, Magco Partnership (a California general partnership) is not
paying suppliers and others creditors as well. The general partners of Magco live in a wealthy suburb and drive fancy cars. The 15 employees have approached you seeking
legal help. The employees assume that
you will bring a standard law suit to help them collect. You have agreed to represent them and believe
you can get them a check in 48 hours.
Here’s what you did next:
1.
You prepared an
involuntary bankruptcy petition, naming Magco as the
debtor and faxed a copy to the senior partner of Magco.
2.
You called the
senior partner and stated the following:
“Check your fax machine. If you don’t
have a certified check in my hands within 48 hours, the petition will be
filed. Your company will be thrown into
chapter 7 bankruptcy, and the trustee will have access to all of your personal
assets to satisfy the claims of the creditors.
3.
Respond to these
two questions:
1.
Are you
bluffing? Do you have sufficient legal
grounds under the bankruptcy code to commence an involuntary case? Would the petition be granted under §303(b)
and §303(h) of the Bankruptcy Code?
2. What risks, if any, are you and the clients facing if the petition is dismissed for failing to meet the requirements of §303(b) and (h).
2.
Tuesday January
24th
a. There is a "Special Assignment" in Part IV(B). The assignment is not due until Friday, February 15th. See the Links Section below for more information.
b.
Review
Involuntary Petitions: Re-read
§303 with special emphasis on §303(b) and (h). Review the case of In
re Reid.
c.
Jurisdiction:
i. Parts IV (C)(1)-(5).
ii. Read 28 U.S.C. §§157 (b) and (c) very carefully.
What is the difference between sections 157(b) and 157(c)? Which section
controls proceedings: (i) arising in Title 11; (ii) arising under Title 11;
(iii) related to Title 11?
iii. Read 28 U.S.C. §158(a), 158(b), (c) & (d).
iv. The Jurisdiction Problems: pages 79-96.
v. Read In re Arnold Print Works, Inc. at pages
97-102.
3.
Tuesday,
January 24:
a.
Jury Trials
& Bankruptcy Proceedings: Parts
IV(C)(6)-(7).
i. Pages 108-109; Granfinanciera, S.A.,
et al v. Nordberg at pages 110-116 and the notes following the case at pages
117-121; 28 USC §157(d).
b.
Proceedings in
Bankruptcy Courts: §102(1);
§105(a); Rules 7001, 9013, and 9014; Local Rules 9013-2, 9013-3, 9013-5 and
9014- "Contested v. Adversary Proceedings" at pages 122-125.
c.
Property of
the Estate: Parts IV(D)(1)-(4).
i. Read §§541(a) and (b)(1)-(2); skim (b)(5)-(7);
ii. §541(c). Read this subsection carefully. Read the
legislative history (it is exceptionally clear).
iii. Pages 126-127.
4.
The
Bankruptcy Code:
1.
Full-Text
Version (Edited by Prof. Ehrlich)
2.
The U.S.
Bankruptcy Code at Cornell University: Bankruptcy
Code
3.
Full Text Version
of the Federal
Rules of Bankruptcy Procedure as of December, 2011 (by Prof. Ehrlich)
4.
FRBP
on-line
Official
Bankruptcy Forms:
1.
U.S. Government Links to
Official Forms
Local
Rules:
1.
Local Rules of the Southern District of California
Bankruptcy Court
2.
Standing Administration Guidelines for Chapter 7
E-mail: sbe@cwsl.edu
Tel: 619-525-1416
Office: Room 313, Administration Building (225 Cedar St.)
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Wednesday |
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1:30-3:15 |
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