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Official Course
Description: MCCCD Approval:
5-22-2007 |
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LAS261
2008 Spring – 2011 Spring |
LEC
3.0 Credit(s) 3.0 Period(s) 3.0 Load Occ |
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Bankruptcy
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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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Go to Competencies Go to Outline
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MCCCD
Official Course Competencies: |
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LAS261 2008
Spring – 2011 Spring |
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.
Apply the
proper method for filing a bankruptcy case electronically. (VI)
11.
Prepare the
forms commonly used in bankruptcy practice using the electronic versions of the
forms in order to file a case electronically. (VII)
12.
Describe
the steps necessary to prepare an Adversary Proceeding in a bankruptcy case
using electronic courtroom technologies. (VIII)
13.
Prepare and
present an analysis of a selected ethical issue related to the role of
paralegals in a bankruptcy practice as a member of a group. (I-VIII)
Go to Description Go to top of
Competencies
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MCCCD
Official Course Outline: |
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LAS261 2008
Spring – 2011 Spring |
Bankruptcy |
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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 |