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256.6F sec. 1 - Bankruptcy Law (Spring 2014)
Instructor: Ben Logan (view instructor's profile)
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Meeting Time: M 10:00-12:40
Meeting Location: 115
Course Start: January 06, 2014
Course Control Number (Non-1Ls): 49769
This course is an introduction to federal bankruptcy law with an emphasis on issues affecting the bankruptcy of business organizations. The class will cover the policies behind the Bankruptcy Code and such concepts as the automatic stay, the definition of the bankruptcy estate, the ability to avoid preferences and fraudulent transfers, sales of businesses through a bankruptcy proceeding, and issues affecting the ability to confirm a plan of reorganization. In addition, the course will address bankruptcy concepts that greatly affect other areas of law, including the rights of secured creditors, licensing of intellectual property, means of resolving mass torts, the enforceability and practical utility of provisions commonly found in financing agreements and contracts, and efforts to contract around the Bankruptcy Code via securitizations and similar structures. Particular attention will be given to recent chapter 11 cases and appellate decisions of note. Although the emphasis will be on bankruptcies involving businesses, the course will touch on the issues unique to consumer bankruptcies. There are no prerequisites for this class.
Mr. Logan is a partner in the Los Angeles office of O'Melveny & Myers LLP, where he has practiced since graduating from Stanford Law School (sorry) in 1976. For approximately the last 30 years, his practice has involved the restructuring of distressed companies, both via chapter 11 and out of court, representing the full range of participants in such matters. The chapter 11 cases in which he has been involved include AMF Bowling, Philadelphia Newspapers, LandSource, New Century Financial Corp., Solutia, Tower Records, Wherehouse Records, Sun Healthcare and Texaco. Over his career, he has received numerous recognitions including being selected as a Fellow in the American College of Bankruptcy and currently serving as the Vice President of the Financial Lawyers Conference. He also dabbles in close-up magic and promises to spice up the class with a few demonstrations of prestidigitation.
There are no prerequisites. However, the course assumes a basic familiarity with core concepts of US law typically covered in a 1L curriculum. Bankruptcy law is closely related to, and greatly affects, many other areas of business law and business litigation. Familiarity with concepts that affect business law generally (e.g., contracts, secured transactions, financing, mergers & acquisitions, IP licensing) would be helpful, although the relevant concepts will be covered in the class for those who are unitiated.
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Required Books are in blue
Warren, et al.
Edition: 9th, 2012
Publisher: Foundation Press
Copyright Date: To Be Determined
Price Source: user provided