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General Information

Course ID (CB01A and CB01B)
PARAD093.
Course Title (CB02)
Bankruptcy Law
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
The course focuses on the substantive law of bankruptcy; the legal rights of debtors and creditors, procedural rules and forms for bankruptcy; and practical applications.
Faculty Requirements
Discipline 1
[Law]
FSA
[FHDA FSA - LAW]
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board that the program have a course in a field of law important to individuals and businesses alike. This course belongs on the degree programs in Paralegal Studies. This course was developed to train students in an area of law that has become more important due to an economic downturn and it is an area of law where paralegals are especially used for document preparation.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

PARA D094. or ADMJ D009. or PARA D009. or POLI D009. (either course may be taken concurrently) or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Viewing, analysis, critique of assigned videos

Written reports and essays

Homework and extended projects

Collaborative learning and small group exercises

Collaborative projects

Discussion and problem-solving performed in class and/or through online course delivery

Guest speakers

Homework and extended projects

Quiz and examination review performed in class and/or through online course delivery

Assignments

  1. Oral
    1. Group discussion of course content
    2. Individual and/or group presentations of course material
    3. Role playing activities including client interview
  2. Written
    1. Draft bankruptcy petition and other bankruptcy documents
    2. Objective and essay examinations
    3. Analyze selected bankruptcy statutes and cases
    4. Analyze hypothetical factual situations
  3. Reading assigned from text and other references.

Methods of Evaluation

  1. Oral and written assignments that demonstrate student understanding of the law and procedure utilized to process a bankruptcy
  2. Written quizzes and final examinations testing knowledge of statues and bankruptcy documents
  3. Participation in class discussions and role playing where students will demonstrate an ability to interview clients and prepare appropriate bankruptcy documents.
  4. Individual and/or small group presentation demonstrating understanding of bankruptcy procedure

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Buchbinder, David; Cooper, RobertBasic Bankruptcy Law for ParalegalsAspen Publishing6th abridged ed., 20239781543858457
Buchbinder, D.L., Cooper, R.J.Basic Bankruptcy Law for ParalegalsAspen Publishing12th ed., 20239781543858433; 9781543858440

Examples of Supporting Texts and References

None.

Learning Outcomes and Objectives

Course Objectives

  • Examine and compare the various types of bankruptcy actions
  • Analyze the property rights and liabilities of debtors filing bankruptcy petitions
  • Analyze the rights of creditors
  • Examine the procedural rules affecting ordinary bankruptcy
  • Draft and analyze debtor and creditor bankruptcy forms for ordinary bankruptcy
  • Explain procedural rules and analyze documents affecting Chapter 11 reorganization
  • Explain procedural rules and analyze documents affecting Chapter 13 adjustment of debts
  • Assess the role of the paralegal as influenced by gender, cultural and age factors; and practical applications

CSLOs

  • Compare and contrast the various types of Bankruptcy actions.

  • Demonstrate an understanding of the property rights and liabilities of both debtors and creditors in a bankruptcy proceeding.

  • Analyze the current role of the paralegal in the bankruptcy process.

Outline

  1. Examine and compare the various types of bankruptcy actions
    1. Sources of bankruptcy law
    2. Purpose of bankruptcy laws
    3. Liquidation vs. reorganization
    4. The MEANS Test
    5. Ordinary Bankruptcy - Chapter 7 Bankruptcy
    6. Adjustment of debts - Chapter 13 Bankruptcy
    7. Reorganization - Chapter 11 Bankruptcy
  2. Analyze the property rights and liabilities of debtors filing bankruptcy petitions
    1. Dischargeable debts
    2. Non-dischargeable debts
    3. Federally exempt property
    4. State exempt property
  3. Analyze the rights of creditors
    1. Secured vs. unsecured creditors
    2. Creditors having priority
    3. Challenging dischargeability of a debt
    4. Claims by creditors
    5. Creditors Committee
  4. Examine the procedural rules affecting ordinary bankruptcy
    1. Role of the bankruptcy courts and judges
    2. Filing of petitions, statements and schedules
    3. Involuntary petitions
    4. Requirements for notice to creditors
    5. Automatic stay
    6. Meeting of creditors
    7. Filing of creditor's claims
    8. Contesting dischargeability of a debt
    9. Orders for relief
    10. Avoidance actions
    11. Discharge
    12. Application of the MEANS Test
  5. Draft and analyze debtor and creditor bankruptcy forms for ordinary bankruptcy
    1. Petitions, statements and schedules
    2. Notice to creditors
    3. Creditor's claims
    4. Complaint to determine dischargeability of debt
    5. Miscellaneous orders
  6. Explain procedural rules and analyze documents affecting Chapter 11 reorganization
    1. Preparation of petitions, statements and schedules
    2. Filing of petitions, statements and schedules
    3. First-day issues and motions
    4. Preparation of reorganization plan
    5. Approval of reorganization plan
    6. Confirmation
    7. Post-Confirmation proceedings
    8. Role of the US Trustee
  7. Explain procedural rules and analyze documents affecting Chapter 13 adjustment of debts
    1. Preparation of petitions, statements and schedules
    2. Filing of petitions, statements and schedules
    3. Preparation of debt readjustment plan
    4. Confirmation and discharge
    5. Role of the Chapter 13 Trustee
  8. Assess the role of the paralegal as influenced by gender, cultural and age factors; and practical applications
    1. Interviewing clients
    2. Evaluating credibility and completeness of financial information
    3. Interfacing with court personnel
    4. Special ethical concerns: honesty and unauthorized practice of law
    5. Paralegals as "bankruptcy assistants"
    6. Understanding PACER & E-Filing
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