Practical Bankruptcy Law
45 hours
Description
The Practical Bankruptcy Law course is designed to prepare paralegals for
specialized positions with law firms dealing in bankruptcy cases. This course
provides the building blocks of bankruptcy law by explaining bankruptcy cases
from the perspective of the debtor, the trustee, and the creditor and discusses
the special rules and procedures that must be followed in each type of case.
This course also explains how cases are commenced, converted, dismissed, and
closed. The text that accompanies this course covers all the basic, underlying
concepts of bankruptcy law and the procedural rules governing bankruptcy cases.
Each topic discussed within the text is developed for effective use by a
beginning paralegal, yet the discussions are of sufficient sophistication to
keep the attention of an experienced paralegal. The world of bankruptcy law
offers a variety of opportunities to paralegals trained in this field.
Tuition includes textbook, Protrain’s exclusive Study Guide and access to the
Online Student Center. 12 month access.
Outline
Objective
a.
To provide a history and overview of bankruptcy
b.
To discuss the Bankruptcy Code and the Bankruptcy Rules
c.
To explain the role of the paralegal in a bankruptcy practice
d.
To establish the building blocks of bankruptcy law
e.
To identify different sources of law, explain how to perform legal
research, and give the basics of legal writing
f.
To discuss bankruptcy litigation and appeals, from establishing
jurisdiction and venue to appealing a case
g.
To discuss how to prepare for and begin a bankruptcy case
h.
To explain how a Chapter 7 bankruptcy case works from the debtor’s
perspective
i.
To describe a Chapter 7 bankruptcy case from a trustee’s perspective
j.
To distinguish between Chapter 12 and Chapter 13 bankruptcy cases and
explain how these cases work for family farmers and individual reorganizations
k.
To discuss Chapter 11 bankruptcy cases and explain how complex
reorganizations work
l.
To describe a bankruptcy case from the perspective of secured creditors,
unsecured creditors, and lessors
m. To
explain how taxes are determined, prioritized, and paid in bankruptcy cases
n.
To discuss the systems used to file bankruptcy cases and obtain
bankruptcy court documents electronically, and describe the future role of
paralegals
Lesson 1: Bankruptcy Law 1
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 1
Provides an overview of
bankruptcy; introduces and defines many terms associated with bankruptcy law;
explains the history of bankruptcy and discusses recent amendments and reforms.
B.
Chapter 2
Summarizes the Bankruptcy
Code; discusses the different chapters of bankruptcy; lists the rules governing
bankruptcy practice and describes the bankruptcy procedures; identifies and
describes bankruptcy crimes.
C.
Chapter 3
Discusses the paralegal’s
role in a bankruptcy practice; distinguishes between the different parties
represented by law firms in bankruptcy cases; explains the role of an
independent paralegal.
Examination
Lesson 2: Bankruptcy Law 2
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 4
Provides the building
blocks of bankruptcy law; explains automatic stays, executory contracts, and
unexpired leases; describes the processes of assumption and rejection; discusses
how the Uniform Commercial Code and other laws are related to bankruptcy law;
explains the different types of real estate ownership and financing.
B.
Chapter 5
Explains how to perform
legal research in a bankruptcy case; identifies different sources of law;
provides the basics of legal writing; discusses some of the new computer-aided
legal research tools.
Examination
Lesson 3: Bankruptcy Law 3
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 6
Describes bankruptcy
litigation and appeals; explains jurisdiction, venue, and removal in bankruptcy
cases; explains the different types of proceedings; discusses appeals in
bankruptcy cases; states the importance of local court rules.
B.
Chapter 7
Discusses how to begin a
bankruptcy case; explains how to decide if a case should be filed; describes how
to prepare a case; explains the commencement of a bankruptcy case; provides
sample forms that are filed in bankruptcy cases and explains how they should be
filed.
Examination
Lesson 4: Bankruptcy Law 4
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 8
Describes a Chapter 7
bankruptcy case from the debtor’s perspective; defines discharge and explains
the procedure for obtaining a discharge; discusses reaffirmations, exemptions,
and redemptions; describes the process for converting or dismissing a case.
B.
Chapter 9
Describes a Chapter 7
bankruptcy case from the trustee’s perspective; explains the process of
collecting the estate; describes how an estate is liquidated; explains the
employment and compensation of professionals in a bankruptcy case; discusses how
to distribute the estate; provides a description of the procedures for closing a
case.
Examination
Lesson 5: Bankruptcy Law 5
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 10
Discusses Chapter 12 and
Chapter 13 bankruptcy cases which involve family farmers and individual
reorganizations; explains the process of converting, dismissing, and closing
these types of cases.
B.
Chapter 11
Describes Chapter 11
bankruptcy cases that involve complex reorganizations; explains the management
of a Chapter 11 debtor; discusses how to administer a Chapter 11 case; explains
financing operations, cash collateral, and the use, sale, and lease of property;
discusses the importance of confirming a plan to reorganize; identifies the
special rules for Chapter 11 bankruptcy cases; describes the processes for
converting, dismissing, and closing Chapter 11 cases.
Examination
Lesson 6: Bankruptcy Law 6
Textbook: Practical Bankruptcy Law for
Paralegals, third edition, by Pamela K. Webster, Richard E. Boyer, and David
Lauren, West Legal Studies (Delmar, Thomson Learning), 2004, ISBN: 0-7668-2856-5
A.
Chapter 12
Discusses bankruptcy cases
from the perspective of both secured and unsecured creditors; explains the
procedures for filing an involuntary petition; discusses the appropriate way to
file a proof of claim form; explains a lessor’s right of reclamation; describes
how to obtain relief from the automatic stay.
B.
Chapter 13
Discusses taxes in
bankruptcy and explains how taxes are determined; identifies the priority of
taxes; identifies and describes taxes that are nondischargeable; explains the
payment of taxes in different types of bankruptcy cases.
C.
Chapter 14
Discusses electronic
filing in bankruptcy cases; explains how to use the CM/ECF filing system and the
PACER system for retrieving court documents; provides a list of software and
hardware needed to utilize these systems; identifies some of the security and
privacy issues related to electronic filing; discusses the future role of the
bankruptcy paralegal.
Examination
Computer Requirements
Students will need to have access to an IBM compatible PC with the following
minimum requirements to complete BCI's Allied Health programs:
• Pentium 100 or higher processor
• Microsoft Windows® 98, Windows® 98 Second Edition, Windows®
Millennium Edition, Windows® NT 4 with Service Pack 6 or later or
Windows® 2000 Professional or later operating system
• 24MB RAM (Windows® 98/Windows® 98 Second Edition);
• 32MB RAM (Windows®/Me/Windows® NT 4.0);
• 64MB RAM (Windows® 2000 Professional)
• Plus an additional 8MB for each application running simultaneously
• 100MB available hard disk space minimum
• 2x CD-ROM drive or higher
• 16-Bit Sound card or higher
• Standard USB port
• Speakers connected to your sound card
• Microsoft® mouse or other compatible pointing device
• Printer
• Audio Cassette Player (Allied Health Courses)
Protrain Online Student Center Technology Requirements
In addition to the above requirements, we recommend the following computer
equipment for use with our Online Student Center:
• Pentium-II Class or higher processor
• 56.6 Kbps Modem or faster
• 64 MB RAM or greater
• 50-100 MB free hard disk space
• Microsoft Internet Explorer 5.0+, Netscape Navigator 6.0+ or equivalent, or
America Online 7.0+
• An active account with an Internet Service Provider (ISP)
Course Materials
Textbook:
Practical
Bankruptcy Law for Paralegals, 3rd Edition, 2004, by Pamela K.
Webster, Richard E. Boyer and David Lauren. Paperback edition.
We offer free registration in our
Delivering courses electronically allows you maximum flexibility when accessing
and completing your career program. You can choose to read lessons on-screen,
download the study guide for later use, or print out your own hard copy
immediately. In the
Our study guides are set up in an easy-to-use PDF format, which allow
graphically sophisticated screen displays to be viewed in large format. In
addition, you have resources such as online testing with instantaneous results;
access to student records, payment history and grade history; chat and
discussion boards; online student support; and web resources.