Bankruptcy

Professor Zywicki

Fall 1999

Assigned Reading: Robert L. Jordan, William D. Warren, and Daniel J. Bussel, Bankruptcy (5th ed. 1999, Foundation Press); also 1999 Supplement: Bankruptcy Code, Rules and Official Forms: 1999 Law School Edition (West Publishing).

Administrative Matters: The reading assignments for each chapter are listed on page 2 of this syllabus. Please stay approximately 20 pages ahead in the reading. Assume that you will be responsible for all the reading and problems in the casebook in the pages assigned, unless I specifically inform you otherwise. Your primary responsibility will be to learn the Code itself; thus, be sure to read the appropriate Code sections as they are introduced in the casebook.

Exam: The exam will be "open Code," meaning that you may bring in your statutory supplement, annotated in any way that you would like to annotate it, but no additional sheets of paper may be added. No, you may not type up any additional sheets and tape or paste them into your supplement. This is a bright-line rule, not a standard. Thus, it is both underinclusive and overinclusive.

The Class: Knowledge of bankruptcy is essential for every lawyer. Business lawyers must draft documents with an eye toward the consequences of bankruptcy. Litigators will often be forced to pursue claims through bankruptcy. This year 1.4 million Americans will file bankruptcy.

The objectives of this class will be: (1) To learn the Bankrupt Code; (2) To learn the policies underlying bankruptcy law; (3) To learn the skills of making "bankruptcy arguments" to advance the interests of the law, the court, and your client.

Other Information: My office phone number is 993-8091. Unless a matter is urgent or otherwise requires personal attention, I encourage you to contact me by email at tzywicki@gmu.edu. This course meets only in the day section from 10:30-11:45 on Monday and Wednesday. The exam will be December 18 at 1:00 p.m. I will be available in my office from 9:00-10:30 a.m. on Monday and Wednesday. I will also usually be available immediately after class on those days. I am also available by appointment, especially on Tuesday mornings. Finally, if I am in my office with my door open, then you are welcome to drop in.

Readings: The following are the expected reading assignments for the semester, subject to revision depending on how the semester proceeds.

Chapter 1 -- Introduction to Bankruptcy: Read all of Chapter 1.

Chapter 2 The Bankruptcy Estate: Read pages 28-36; Omit pages 37-39; Read pages 40-85.

Chapter 3 Claims: Read pages 86-134; Omit pages 134-143; Read pages 144-161.

Chapter 4 Discharge: Read all of chapter 4.

Chapter 5 Involuntary Bankruptcy: Omit all of Chapter 5.

Chapter 6 Stays and Injunctions: Read all of Chapter 6.

Chapter 7 Executory Contracts and Leases: Read all of Chapter 7.

Chapter 8 The Avoiding Powers of the Trustee: Read pages 373-438; Omit 439-454; Read pages 454-465; Omit 465-523; Read 523-538.

Chapter 9 Equitable Subordination: Omit all of Chapter 9.

Chapter 10 Rehabilitation of Individuals Under Chapter 13: Read all of Chapter 10.

Chapter 11 Reorganization in Chapter 11: Read 633-667; Omit 667-672; Read 672-710; Omit 710-716; Read 716-750; Omit 750-762; Read 762-771 and Supreme Court opinion in In re 203 N. LaSalle Street Partnership; Omit 771-791; Read 791-797.