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
  1. Examine state law collection actions
    Assessment Strategies
    Discussions, Projects, Tests, Quizzes, Examinations
    Criteria
    Identify the elements and requirements to complete an Attachment, Replevin, Execution, and Garnishment
    Locate appropriate state collection legal forms
    Complete necessary forms for state collections
    Identify state exemptions
    Describe bankruptcy alternatives including Chapter 128 receivership
    Explain the process for perfecting a creditor’s lien through the filing of a financing statement
    Complete a financing statement without assistance
    Consider the impact of debt collection practices on underrepresented groups as a system that potentially produces inequalities based on race

  2. Analyze common documents and service requirements in bankruptcy
    Assessment Strategies
    Discussions, Projects
    Criteria
    Identify various motions used in bankruptcy
    Identify the notice requirements for motions used in bankruptcy
    Identify the service of process requirements for motions and notices used in bankruptcy

  3. Examine electronic filing requirements in federal courts
    Assessment Strategies
    Discussions, Projects
    Criteria
    Obtain a P.A.C.E.R. username and password
    Explain how to obtain pleadings and court documents in various courts
    Obtain select court documents from federal courts
    Describe the systems used to file bankruptcy cases

  4. Investigate Consumer Competencies and Protections
    Assessment Strategies
    Discussions, Projects, Tests, Quizzes, Examinations
    Criteria
    Explore the Fair Deb Collection Act
    Explore the Wisconsin Consumer Protection and Antitrust Act
    Explain the purpose and protections of the Consumer Financial Protection Bureau
    Provide examples of violations of consumer protection laws
    Research a consumer credit competency
    Present findings on a consumer competency
    Identify biases that may create inequalities in the ability to access consumer credit based on race, gender, and ethnicity
    Explore racial disparities in consumer bankruptcy practices

  5. Differentiate among the various bankruptcy proceedings and practices
    Assessment Strategies
    Discussions, Projects, Tests, Quizzes, Examinations
    Criteria
    Demonstrate the ability to use bankruptcy terminology
    Describe the structure and operation of the bankruptcy court system
    Describe key sections of the Bankruptcy Code
    Determine who can be a debtor in bankruptcy
    Identify federal exemptions
    Describe penalties for persons who negligently or fraudulently prepare bankruptcy petitions
    Determine what constitutes a bankruptcy estate
    Determine what is not in a bankruptcy estate pursuant to Section 522 of the Bankruptcy Code or the Wisconsin exemption statutes
    Explain the role of the debtor, creditor, attorney, paralegal, and chapter trustee in bankruptcy proceedings
    Explain the general effects of a bankruptcy discharge
    Explore the protections to debtors by the Automatic Stay and Section 362 of the Bankrupt Code
    Create a bankruptcy client interview sheet
    Interview a mock bankruptcy client

  6. Examine adversary proceedings and bankruptcy appeals
    Assessment Strategies
    Discussions, Projects, Tests, Quizzes, Examinations
    Criteria
    Explain the nature of an Adversary Proceeding
    Describe the documents filed in an Adversary Proceeding
    Explain the general process and time to appeal a Bankruptcy Court's final order

  7. Explain the nature and consequences of bankruptcy chapters 7, 11, 12, and 13
    Assessment Strategies
    Discussions, Projects, Tests, Quizzes, Examinations
    Criteria
    Evaluate a debtor’s eligibility to file under a particular bankruptcy chapter
    Explain the timeline of events in a no asset Chapter 7, a Chapter 13, and a Chapter 11 Bankruptcy
    Describe the additional events involved in an asset Chapter 7
    Evaluate a fact scenario for application of the Bankruptcy Code
    Locate appropriate forms on the Internet
    Prepare an accurate Chapter 7 Petition and associated schedules
    Determine what debts are dischargeable under Sections 523 and 727 in a Chapter 7 discharge
    Determine the order of priority for secured, unsecured priority, and general unsecured creditors
    Evaluate a Proof of Claim form

  8. Research international bankruptcy rules
    Assessment Strategies
    Project, Oral Presentation
    Criteria
    Provide a history and overview of bankruptcy
    Recognize inequities in bankruptcy laws and systems based on race, gender, and culture
    Research international bankruptcy laws
    Compare the United States Bankruptcy Code to international bankruptcy laws
    Draft a document with research findings
    Use correct grammar, punctuation, and spelling
    Use proper citation to research sources
    Present findings orally to the class