Maricopa Community Colleges  LAS261   20044-20076 
Official Course Description: MCCCD Approval: 11/25/03
LAS261 20044-20076 LEC 3 Credit(s) 3 Period(s)
Bankruptcy
Examination of bankruptcy laws and procedures and the role of paralegals in bankruptcy practice, including the commencement of a case, preparation of schedules, review of adversary matters and litigation, debtors' and creditors' rights and obligations.
Prerequisites: LAS109 and (BPC110 or permission of department chair or program director).
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MCCCD Official Course Competencies:
 
LAS261   20044-20076 Bankruptcy
1. Describe the history and structure of the Bankruptcy Code. (I)
2. Compare and contrast the chapters of the Bankruptcy Code under which bankruptcy can be filed. (II)
3. Explain the significance and assess the jurisdiction and venue of the Bankruptcy Court as applied to specific case scenarios. (III)
4. Analyze and explain the applicability of the Federal Bankruptcy Rules, including the Arizona Local Rules, as applied to specific case scenarios. (III)
5. Explain the purpose and operation of the United States Trustee System as it relates to Chapter 11 bankruptcy proceedings. (IV)
6. Summarize the considerations in representing a Chapter 7 or Chapter 13 trustee. (IV)
7. Explain the purpose and significance of the Creditors' Meeting. (V)
8. Prepare a written memorandum summarizing the facts and rules pertinent to representing a debtor or creditor in a selected bankruptcy case scenario. (I-V)
9. Describe the initial steps a paralegal should follow when working on a bankruptcy case. (I-VI)
10. Explain the steps in filing a bankruptcy case electronically using the Case Management/Electronic Case Filing System. (VI)
11. Prepare the forms commonly used in bankruptcy practice. (VII)
12. Describe the steps necessary to prepare an Adversary Proceeding in a bankruptcy case. (VIII)
13. As a member of a group, prepare and present an analysis of a selected ethical issue related to the role of paralegals in a bankruptcy practice. (I-VIII)
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MCCCD Official Course Outline:
 
LAS261   20044-20076 Bankruptcy
    I. History & Structure
        A. Origins of the Bankruptcy System
        B. Bankruptcy in the United States since the 19th century
        C. Structure of the current Bankruptcy Code
        D. Structure of the Bankruptcy Rules
      II. Bankruptcy Chapters
          A. Chapter 7 – Liquidation
          B. Chapter 9 – Municipalities
          C. Chapter 11 – Business Reorganization
          D. Chapter 12 -- Family Farmers
          E. Chapter 13 – Wage Earner Reorganization
        III. Bankruptcy Rules
            A. Jurisdiction and venue
            B. Filing of a bankruptcy case
            C. Voluntary vs. Involuntary Cases
            D. General court procedures
            E. Plans and disclosure statements
            F. Notification to creditors
            G. The Automatic Stay
            H. Determining Adequate Protection
            I. Discharge issues
            J. Exemptions
            K. The claims process
            L. Special Provisions under the Arizona Local Rules
          IV. Trustee System
              A. United States Trustee's Office – Chapter 11
              B. Local Bankruptcy Trustees – Chapters 7 and 13
              C. Creditor duties and responsibilities
              D. Debtor duties and responsibilities
            V. Creditors' Meeting
                A. Duties under 11 USC section 341
                B. Forms and pleadings in preparation for the Creditors' Meeting
                C. Disclosure responsibilities
                D. Non-disclosure penalties
                E. Penalties for failure to appear
              VI. Electronic Case Filing
                  A. Obtaining a PACER (Public Access to Court Electronic Records) account
                  B. Obtaining court sponsored training
                  C. Obtaining a login and password from the local bankruptcy court
                  D. Electronic Case Filing Orders
                  E. Verifying filing accuracy and obtaining confirmation of filing
                  F. Duty to report inaccurate or misdirected filings
                VII. Common Bankruptcy Forms
                    A. Petition
                    B. Statements and Schedules
                    C. Proof of claim
                    D. Creditor matrix
                    E. Reaffirmation agreements
                  VIII. Bankruptcy Litigation
                      A. Motion practice
                      B. Adversary Proceeding
                      C. Types of proceedings
                      D. Pleadings and procedures
                      E. Trial procedures
                      F. Appellate process
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