Advanced Bankruptcy

B631 is taught by J. Carr, B. Lorch

This course will be taught by Judge Basil H. Lorch III, JD 1974, the Chief Judge of the US Bankruptcy Court for the Southern District of Indiana and by James M. Carr, JD 1975, Chair of the Commercial, Financial & Bankruptcy Services Group of Baker & Daniels, LLP in Indianapolis. The course will cover the full range of issues related to the bankruptcy reorganization of business entities under Chapter 11 of the US Bankruptcy Code. Topics addressed will include an introductory overview and history of reorganization law in America (including the various uses of Chapter 11 to implement a variety of business strategies and a description of the key players in a Chapter 11 case); business operations in Chapter 11; the Chapter 11 "toolbox" (including rejection and assumption of leases and executory contracts; allowance, disallowance, estimation, and subordination of creditor claims; the reduction of secured obligations to the value of collateral; borrowing by the debtor ("DIP financing"); preference and fraudulent transfer avoidance actions; and sale of assets free and clear of liens); process and procedure regarding dispute resolution (motion practice, contested matters and adversary proceedings); special rules regarding small business debtors, individuals, single asset debtors and other special cases; the core importance of, and various concepts involved in, the valuation of assets and enterprises; the process of creating and proposing a plan of reorganization; standards for confirmation of Chapter 11 plans; and the alternatives for restructuring outside of Chapter 11. In addition to a conventional casebook, the course will explore several actual bankruptcy reorganization cases in which the instructors have presided or participated. Students will be required to complete a number of drafting exercises including a pleading and a Chapter 11 plan of reorganization. Evaluation will be based on the exercises and a written examination. There are no prerequisites for this course. However, prior completion of the basic bankruptcy course is recommended and Secured Transactions is required.