10110122Bankruptcy Law
Course Information
Description
Students explore pre- and post-judgment collection rights, creditor protections, state and federal consumer protection laws, and federal bankruptcy laws.
Total Credits
3
Prior Learning Assessment
- Experiential-Portfolio
Course Competencies
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Examine state law collection actionsAssessment StrategiesDiscussions, Projects, Tests, Quizzes, ExaminationsCriteriaIdentify the elements and requirements to complete an Attachment, Replevin, Execution, and GarnishmentLocate appropriate state collection legal formsComplete necessary forms for state collectionsIdentify state exemptionsDescribe bankruptcy alternatives including Chapter 128 receivershipExplain the process for perfecting a creditor’s lien through the filing of a financing statementComplete a financing statement without assistanceConsider the impact of debt collection practices on underrepresented groups as a system that potentially produces inequalities based on race
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Analyze common documents and service requirements in bankruptcyAssessment StrategiesDiscussions, ProjectsCriteriaIdentify various motions used in bankruptcyIdentify the notice requirements for motions used in bankruptcyIdentify the service of process requirements for motions and notices used in bankruptcy
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Examine electronic filing requirements in federal courtsAssessment StrategiesDiscussions, ProjectsCriteriaObtain a P.A.C.E.R. username and passwordExplain how to obtain pleadings and court documents in various courtsObtain select court documents from federal courtsDescribe the systems used to file bankruptcy cases
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Investigate Consumer Competencies and ProtectionsAssessment StrategiesDiscussions, Projects, Tests, Quizzes, ExaminationsCriteriaExplore the Fair Deb Collection ActExplore the Wisconsin Consumer Protection and Antitrust ActExplain the purpose and protections of the Consumer Financial Protection BureauProvide examples of violations of consumer protection lawsResearch a consumer credit competencyPresent findings on a consumer competencyIdentify biases that may create inequalities in the ability to access consumer credit based on race, gender, and ethnicityExplore racial disparities in consumer bankruptcy practices
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Differentiate among the various bankruptcy proceedings and practicesAssessment StrategiesDiscussions, Projects, Tests, Quizzes, ExaminationsCriteriaDemonstrate the ability to use bankruptcy terminologyDescribe the structure and operation of the bankruptcy court systemDescribe key sections of the Bankruptcy CodeDetermine who can be a debtor in bankruptcyIdentify federal exemptionsDescribe penalties for persons who negligently or fraudulently prepare bankruptcy petitionsDetermine what constitutes a bankruptcy estateDetermine what is not in a bankruptcy estate pursuant to Section 522 of the Bankruptcy Code or the Wisconsin exemption statutesExplain the role of the debtor, creditor, attorney, paralegal, and chapter trustee in bankruptcy proceedingsExplain the general effects of a bankruptcy dischargeExplore the protections to debtors by the Automatic Stay and Section 362 of the Bankrupt CodeCreate a bankruptcy client interview sheetInterview a mock bankruptcy client
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Examine adversary proceedings and bankruptcy appealsAssessment StrategiesDiscussions, Projects, Tests, Quizzes, ExaminationsCriteriaExplain the nature of an Adversary ProceedingDescribe the documents filed in an Adversary ProceedingExplain the general process and time to appeal a Bankruptcy Court's final order
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Explain the nature and consequences of bankruptcy chapters 7, 11, 12, and 13Assessment StrategiesDiscussions, Projects, Tests, Quizzes, ExaminationsCriteriaEvaluate a debtor’s eligibility to file under a particular bankruptcy chapterExplain the timeline of events in a no asset Chapter 7, a Chapter 13, and a Chapter 11 BankruptcyDescribe the additional events involved in an asset Chapter 7Evaluate a fact scenario for application of the Bankruptcy CodeLocate appropriate forms on the InternetPrepare an accurate Chapter 7 Petition and associated schedulesDetermine what debts are dischargeable under Sections 523 and 727 in a Chapter 7 dischargeDetermine the order of priority for secured, unsecured priority, and general unsecured creditorsEvaluate a Proof of Claim form
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Research international bankruptcy rulesAssessment StrategiesProject, Oral PresentationCriteriaProvide a history and overview of bankruptcyRecognize inequities in bankruptcy laws and systems based on race, gender, and cultureResearch international bankruptcy lawsCompare the United States Bankruptcy Code to international bankruptcy lawsDraft a document with research findingsUse correct grammar, punctuation, and spellingUse proper citation to research sourcesPresent findings orally to the class