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Fall 2021
6347 Secured Financing - MOLL- 27236

Professor(s): Douglas Moll (FACULTY)

Credits: 3

Course Areas: Business and Commercial Law 

Time: 1:00p-2:30p  MW  Location: 211  TUII

Course Outline: When a debtor runs into financial trouble, the likelihood of a particular creditor getting repaid in whole or in part will often depend on whether the creditor lent on a secured or unsecured basis. Compared to an unsecured creditor, a secured creditor possesses vastly superior legal rights in the collection and enforcement of debts. This course will address the "elevated" legal rights of the secured creditor by focusing upon Article 9 of the Uniform Commercial Code (the "UCC") -- the law of secured financing. We will discuss the rights and remedies of the secured creditor and the unsecured creditor under state law, and we will also address the effect of bankruptcy upon these rights and remedies (no prior knowledge of bankruptcy is required). The course is taught from a problem-solving approach; thus, the classes will focus upon discussing and analyzing real-world legal problems.

Course Syllabus: Syllabus revised 8/13/21

Course Notes:   Whether this course will be distance education, or will have a physical room assigned, and if so the extent to which the instructor might use the room during the semester, is not determined at the time when registration initially opens for this course.  You may see contrary indications in the UH systems where you actually register for the course.  In other words, this course might be distance education with no use of a physical classroom. It might be the “HyFlex” mode in which some Law Center courses used a physical room during 2020-21. As we get closer to the start of the term/semester for this course, this course note will be updated as decisions are determined. The instructors will be involved in those decisions, but decisions about modalities may not be invariant throughout the term/semester or between now and when the course starts.

Quota= 40

Prerequisites:  

First Day Assignments: SECURED FINANCING -- INITIAL ASSIGNMENT

For the first class: Lopucki and Warren xxxi - xxxvii; 3 - 21. Be sure to work the problems on pages 19 – 21. We will discuss them during the first two class sessions.

During the first class, I will need to call on students for assistance with the problems. Thus, I expect you to make a good-faith attempt to answer the problems before class such that you can contribute to a productive (and efficient) class discussion.

Note: For the following class, we will finish the problems in assignment 1 and move on to assignment 2. (You are responsible for reading all of assignment 2, but you only need to work problem 2.1.) We might start assignment 3, and you are only responsible for problems 3.1, 3.5, and 3.6 in that assignment

Final Exam Schedule: 12/10 1pm-4pm  240 TU2  215 TU2  

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: Important (MEE)

DistanceEd ABA 306:

Pass-Fail Student Election: Available

Course Materials (8/25/2021 8:14:56 AM)

Book(s) Required

Course Materials: (1) Lynn M. LoPucki, Elizabeth Warren, and Robert Lawless, Secured Transactions: A Systems Approach, Wolters Kluwer (9th ed. 2020), ISBN: 978-1543804508. (2) Elizabeth Warren, Bankruptcy and Article 9, Wolters Kluwer (latest edition), ISBN: 978-1543844511