Bankruptcy, Foreclosure and Collection
About This Class
This course is an introduction to consumer bankruptcy, Vermont foreclosure practice and collection. The students learn the basic differences between the chapters of the bankruptcy code, and the impact a bankruptcy may have on the circumstances facing prospective clients. The students also gain some insight as to how a bankruptcy filing or foreclosure might impact other matters such as domestic relations, estates, collections and other civil litigation. Students in this course will interview a mock bankruptcy client to obtain sufficient information to prepare bankruptcy schedules, learn about the role of the bankruptcy trustee, to assess which chapter best suits the individual client, and to discern whether any litigation may arise within the bankruptcy case. Students will also learn the basics of foreclosure and collection practices and the defenses and options that may be available for clients who are debtors. Finally, the students are asked to prepare and argue cross motions for summary judgment on a distinct bankruptcy-related legal issue.
Method of Evaluation is accomplished through written assignments, oral presentations, the final paper and student participation during class discussions and simulations. This course does not meet AWR and will not require a final examination.