BANKRUPTCY Fall 2009 Prof. Kilborn Mon./Weds. 2:00 - 3:20 p.m., room 409 Running Assignment List
|
Class |
Topic |
Assignment |
| 1 |
Intro; Leverage; Fair Debt Collection (FDCPA) |
Read New to the Sixth Edition, Features, and The Modern Role of Bankruptcy Law on pp. xxiv-xxvi, and pp. 3-28, and work Problem Set 1 (skip 1.1 and 1.5); read Public Service Loan Forgiveness, www.finaid.org/loans/publicservice.phtml. |
| 2 |
Priorities; Wage Garnishment; Fraudulent Transfers |
Skim pp. 33-42; read part 2, pp. 45-51 (up to "3.") and work Problem 2.2 on p. 53; read pp. 54-55, 58-59, 15 U.S.C. §§ 1671-1674 from the Consumer Credit Protection Act ["CCPA"], and 735 ILCS 5/12-803; read pp. 71-79 and 740 ILCS 160 [Uniform Fraudulent Transfer Act]. |
| 3 |
Intro to Bankruptcy |
Work Problem Set 4 on p. 91 based on Illinois law (skip 4.5 & 4.7); read pp. 101-16. |
| 4 | The Estate & Automatic Stay | Read pp. 116-130 and work Problems 5.1 and 5.2; read pp. 131-38 and work Problems 6.1 and 6.3. |
| 5 |
Consumer Eligibility: "Means Testing" |
Read pp. 141-64 alongside my Means Test Handout and Ransom. |
| 6 | Means Test Cont'd | Work Problem Set 7 based on debtors in Cook County, Illinois (not Michigan or Pennsylvania). For Problem 7.2, use Official Form B22A to help organize your analysis. |
| 7 | Means Test Cont'd | Complete Problem Set 7. |
| 8 |
Exemptions: Basics |
Read pp. 167-80 (up to "3."), 735 ILCS 5/12-1001 to 1006 [IL Personal Property Exemptions] and 5/12-1201, and work Problems 8.1 and 8.3 on p. 196 (apply ILLINOIS and TEXAS exemptions, NOT Wyoming's, in 8.1). |
| 9 | Exemptions: Advanced | Read pp. 198-210 (up to "4."), § 522(p), and 735 ILCS 5/12-901 to 912 [IL Homestead Exemption], and work Problems 9.1 and 9.3 on p. 216. |
| 10 |
Claims & Distributions |
Read pp. 217-27, work Problem Set 10, read p. 228 and § 507(a) and work Problem Set 11 [just get an idea of the order of payment to creditors]. |
| 11 |
Discharge & Exceptions |
Read pp. 229-57 and work Problem Set 12 (skip 12.5 and 12.7). |
| 12 |
Redemption & Reaffirmation |
Read pp. 258-71 and work Problem Set 13 (skip 13.6 and 13.7). |
| 13 |
Intro to Ch. 13; Secured Claims |
Read pp. 275-306 and work Problem Set 14 and the extra Mortgage Modification Problem. |
| 14 |
Ch. 13: Unsecured Claims |
Read pp. 307-25 and work Problems 15.1 - 15.4 [in P.S. 15, assume all debtors live in Illinois]. |
| 15 |
Ch. 13: Eligibility |
Work problems 15.4 - 15.6; read pp. 326-34 and work Problem Set 16 (skip 16.2). |
| 16 | Consumer Bankruptcy Policy | Read pp. 336-55 (especially p. 344 ☺) and work problems 17.1, 17.3, and 17.5. |
| 17 |
Business Bankruptcy Intro |
Read pp. 361-83 and work Problems 18.2, 18.6, and 18.7. |
| 18 |
Chapter 11 Intro; Lifting the Auto Stay |
Read pp. 387-92, 396-427 and work Problem Set 19 (skip 19.5 and 19.6). |
| 19 |
Operating & Financing |
Read pp. 430-45 and work Problems 20.1 and 20.2 on p. 450, read pp. 452-68 and work Problem 21.1. |
| 20 |
Strong Arm |
Read pp. 471-76, work Problem Set 22 (skip 22.2), and read § 547(b). |
| 21 |
Preferences: Basics |
Read pp. 477-90 and § 547(a)-(b), (e)-(f), and work Problem Set 23 (skip 23.8, 23.9, and 23.10). |
| 22 |
Preferences: Exceptions |
Read pp. 492-507 and § 547(c), work Problem Set 24, and read pp. 518-21 and § 553(b). |
| 23 |
Executory Contracts |
Read p. 523 and § 365 and work Problem Set 26 (skip 26.4). |
| 24 |
Cont'd |
Read pp. 524-33 and work Problem Set 27 (skip 27.5). |
| 25 |
Fraudulent Conveyances in Bankruptcy |
Read pp. 553-74 (skip In re Bakersfield Westar) and work Problems 30.1 and 30.3 [you might want to skim the first part of the reading for the next class now, as I will lecture on § 1129(a) at the end of this class]. |
| 26 |
Chapter
11 Plan |
Read pp. 596-97, 614-43, 653-77 (be sure to skim LaSalle), and § 1129(a)-(b), and work my Chapter 11 Plan Confirmation Problem. |
| 27 |
Bankruptcy Jurisdiction |
Read pp. 799-839 (skim cases) and 28 U.S.C. §§ 151-158 and 1334 (in back of the supplement), and work problems 41.1, 41.2, and 41.3 |
| 28 |
Retention & Compensation; Small Biz Reorg |
Skim pp. 767-85, 686-96. |
Exam: Friday, December 11, 2009, 2:00 p.m.