Lectures on chapter 11 issues and procedures will set the stage for what is going to happen in the class. Practicing attorneys or other professionals will be invited when the issues involve direct participation with a client and decisions that must be made from the business or legal side of the case. Lectures will cover the theoretical underpinnings to the Bankruptcy Code and Rules, as applicable, and illustrate the points with appropriate case law. Discussion will cover the nature of chapter 11 reorganization, kinds of relief available in business cases, need for cash, why certain motions are needed early in the case whereas others wait, how the business issues interplay with the bankruptcy case, pre and post filing issues, solicitation of creditors committee, plan negotiation process and more.
Students will be required to read and analyze the relevant statutory text and rules and relevant cases. They will be assigned certain drafting work and/or papers to write regarding the issues involved. "Papers" may take the form of legal briefs. Each student will be required to argue on behalf of a "client" an assigned topic. To simulate the practice of law, students will file all assignments on the Bankruptcy Court's test data base for electronic filing.