Law 794: Bankruptcy Procedure
This course is devoted to study of the unique procedural issues surrounding federal bankruptcy proceedings and their interplay with the law of civil procedure, federal jurisdiction, federal courts, and complex litigation. Topics covered include the history and structure of the federal bankruptcy court system, including the allocation of judicial power between state courts, specialized federal bankruptcy courts, and federal courts of general jurisdiction; the jurisdictional reach (both subject matter and personal jurisdiction) of federal bankruptcy proceedings and the venue and transfer of those proceedings; conduct of litigation in the bankruptcy courts, including the nature of adversary proceedings and contested matters; the injunctive and contempt powers of bankruptcy courts; procedural due process; state sovereign immunity; jury trials; appeals; alternative dispute resolution; multinational insolvency proceedings; and the use of complex procedural devices, such as class actions, in conjunction with bankruptcy proceedings; and bankruptcy proceedings as a mass litigation management tool. Classes will consist of lecture and discussion.
Sequence and Prerequisites: Previous completion of or concurrent enrollment in the introductory Bankruptcy course is the only pre/co-requisite.
Evaluation: Grading will be based on a combination of attendance, classroom participation and a comprehensive final examination.