University of Denver Sturm College of Law

Bankruptcy University of Denver Sturm College of Law Judge Elizabeth E. Brown Spring 2015

1. CONTACT INFORMATION

For security reasons, I will give you contact information in class. Once you have my contact information, please don=t hesitate to send email or call. Sometimes that is the best way I learn if something was unclear in class.

2. REQUIRED TEXTBOOKS

1. Casebook: Elizabeth Warren and Jay Westbrook, THE LAW OF DEBTORS AND CREDITORS (7th ed. 2014).

B. Statutes: MiniCode (AWHFY, L.P. 2014 or 2015 ed.). If it will save you money, you may purchase any edition of the Bankruptcy Code that is more recent than 2005. The only significant changes after this date will be dollar amounts in a few statutes but we can clue you in on these changes during the class.

3. CLASS LOCATION AND SCHEDULE

Mondays and Wednesdays from 8:40 to 10:20 in Classroom 170.

4. OFFICE HOURS

I will be available to answer questions for 1/2 hour following classes. Admittedly, this is a short period of time, but I will also be available to you throughout the week by phone and email. In addition, when it gets close to finals, I will schedule myself to be available on campus for one or two days so that you may bring all your questions to me. Please remember that you can also ask to schedule a separate appointment.

5. COURSE AIMS & STRUCTURE

This is a general survey course. We will not get through the entire casebook, but students will acquire a good overview of the law of bankruptcy, including both consumer and business bankruptcy. We will cover the basics of the three major types of bankruptcies: Chapter 7, Chapter 13, and Chapter 11. We will also focus on developing your advocacy skills, creative problem solving skills, and identifying the social policies that underlie all debtor-creditor laws.

6. WHAT TO READ

Our primary source of information will be the casebook and the bankruptcy code. I will also include supplemental materials through TWEN folders. This is the first time I will be teaching from the new textbook. It is very different from the prior version - different organization, different cases, and some different topics. As a result, I will be learning this book alongside all of you. This means that I cannot give you a full semester’s list of assignments at the outset as I have always done in the past. So I will be giving you the following week’s assignments each week. I know that is not ideal but it cannot be helped. But you can rested assured that I will try to maintain reading assignments that do not exceed 30 pages per class session. There may be a couple of exceptions where it does exceed this length and then the following class will have little or no reading assignment. This will only happen because of the nature of a particular topic. My weekly assignments may also include some cases or Colorado statutes that you will need to download from Westlaw and/or hypotheticals or forms that will appear in TWEN folders. The forms included in TWEN are given only so that you can Apicture@ what we are studying. You will not need to study these forms and you will not be tested on them. They are included for informational purposes only. In regard to both the hypotheticals in TWEN and the problem sets in the textbook, you will not be expected to work these problems on your own. Read over them quickly so you have some familiarity and then we will work them together in class.

The readings in the casebook frequently refer to specific statutory provisions. Make sure you look up these statutes. You will be expected to have read and understood them in class, and you will be responsible for understanding them on the exam. In furtherance of this goal, be sure to bring your Mini-Code with you to class. One of the goals of this class is to learn how to parse a statute into its various sub-parts.

7. PARTICIPATION, ATTENDANCE, SEATING AND GRADING

I will pass around a seating chart on the first day of class. Please stay in that seat for the remainder of the semester. It will help me to connect names with faces. Towards that end, I have also posted a short questionnaire on TWEN to be turned in immediately. Turning in a completed questionnaire is mandatory, but its only purpose is to allow me to get to know you better.

Your final grade for this course will be based on the following: Final Exam 80% Class Participation 20%

By class participation, I mean that you are expected to be in class, willing and able to discuss the material assigned to date. I highly value class participation, and I will call on you without notice. I understand, however, that sometimes life gets in the way and you cannot always be as prepared as you like. Please attend class anyway, and just leave a note with your name on it on the podium before class begins, and I won=t call on you. Please submit no more than three of these passes over the course of the semester. No pre-authorization is required for submitting a pass. I will observe the University=s policy regarding 80% mandatory class attendance. Absences exceeding 20% may result in either a final grade reduction or the student being dropped from the class, at my discretion. Submitting more than three passes or being unprepared without submitting a pass may result in a final grade reduction.

The Final Examination will be a modified open book, in-class written final exam. Closer to the exam, I will let you know specifically what materials may be brought to the exam. Generally, this will include the Mini-Code, outlines and notes prepared by you or with other students in the class (no commercial outlines or “hand-me-downs” prepared by former students), a simple calculator, and the supplemental materials provided through TWEN, including the Colorado exemption statutes. It will NOT include any books, including your text book, internet sources, law review articles, and the like. The final will likely consist of a mixture of short and long essay questions, and some multiple choice questions. There will not be a paper requirement or a mid-term, but I might give some multiple choice exams in class to see if you are understanding the material.

8. ADHERENCE TO UNIVERSITY POLICIES

9. Disability. If you qualify for accommodations because of a disability, whether temporary or permanent, please submit a letter to me in a timely manner so that your needs may be addressed. For exam accommodations, provide your letter at least one week prior to the exam.

10. Religious Observances. Campus policy regarding religious observances requires that faculty make every effort to deal reasonably and fairly with all students who, because of religious obligations, have conflicts with scheduled exams, assignments, or required attendance. In this class, you need only inform me of these conflicts and I will make every effort to accommodate your needs.

11. Non-Discrimination. The University is committed to maintaining a positive learning, working, and living environment. It does not discriminate on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation, or veteran status. This University will not tolerate acts of discrimination or harassment based upon these protected classes or related retaliation against or by any employee or student. Individuals who believe they have been discriminated against should contact either me or the Dean’s Office.

12. Honor Code. All students are responsible for knowing and adhering to the academic integrity policy of this institution. Violations of this policy may include: cheating, plagiarism, aid of academic dishonesty, fabrication, lying, bribery, and threatening behavior. All incidents of academic misconduct shall be reported immediately. Students who are found to be in violation of the academic integrity policy will be subject to both academic sanctions and non- academic sanctions (including but not limited to university probation, suspension, or expulsion).

13. Classroom Behavior. Students and faculty each have responsibility for maintaining an appropriate learning environment. Students who fail to adhere to behavioral standards may be subject to discipline. Members of the faculty have the professional responsibility to treat students with understanding, dignity and respect, to guide classroom discussion, and to set reasonable limits on the manner in which students express opinions. Disruptive students in the academic setting hinder the educational process. "Disruption," as applied to the academic setting, means behavior that a reasonable faculty member would view as interfering with normal academic functions. Examples include, but are not limited to: persistently speaking without being recognized or interrupting other speakers; behavior that distracts the class from the subject matter or discussion; or in extreme cases, physical threats, harassing behavior or personal insults, or refusal to comply with faculty direction. Civil expression of disagreement with the course instructor, during times when the instructor permits discussion, is not in itself disruptive behavior and is not prohibited. The daily assignments for the first week of class are as follows:

1. Monday, January 12: Introduction to Class, Overview of State Law Remedies & Secured Transactions.

Textbook: pp. 23-28, 37-48; Problems 1.2. Westlaw: Credit Bureau v. Moninger, 284 N.W.2d 855 (Nebr. 1979). TWEN: check this on Sunday because I need time tomorrow to write up some more general background information that the old book used to give. It won’t be long but I need the time to create it. Check the syllabus in TWEN and you will know of additional reading. The one in there now is the same as this one, but I will add to it on Saturday.

In addition to the reading assignment for the first class, there is a questionnaire you must complete and return. You will find the questionnaire form in a TWEN folder labeled AQuestionnaire.@ You may submit a hard copy answer to me or may send it by email to the email addresses I will give you in class. Never send email to me through the TWEN address - I don’t know how to retrieve it and will never see it!

2. Wednesday, January 14: Property of the Estate

Textbook: 55-67; Problems 3.1 and 3.3. Supplemental Course Materials: in Property of Estate folder, review Form of Bankruptcy Schedules, and using Schedule B, be prepared to answer Problem 3.1. Code Sections: ' § 541(a)(1) - (7), (c), (d), 542(a).