Fall 2023
Professor(s):
Jeffrey Anapolsky (ADJUNCT)
Kyung Lee (ADJUNCT)
Credits: 3
Course Areas: Business and Commercial Law
Time: 9:00a-10:30a MW Location: 311
Course Outline: In bankruptcy, the answers are never obvious. Your client’s future will hinge upon whether you can solve seemingly impossible financial and legal issues. In this class, you will learn how to negotiate and litigate using the leverage created by the Bankruptcy Code. You will understand the roles, rights, and responsibilities of debtors, secured creditors, unsecured creditors, advisors, trustees, committees and bankruptcy courts. You will appreciate the differences among Ch. 11 business reorganizations, Ch. 13 consumer rehabilitations, and Ch. 7 liquidations. Guest lecturers from Houston’s bankruptcy community will balance legal theory with practical examples.
Course Syllabus: Syllabus
Course Notes: (Face-to-Face) The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. For this instruction mode, instructors and students are expected to normally be physically present in the classroom. If the course has a final examination, it will be in a classroom requiring your physical presence. Other assessment, such as a mid-term exam, may also be in a classroom. Whether this instructor will offer “remote presence” (starting a zoom meeting from the podium computer to enable student remote access on an occasional basis) for part or all of the semester is not known, but students should not rely on an expectation that remote presence will be available.
Prerequisites:
First Day Assignments:
Final Exam Schedule: 12/11/20239am-12pm 210
This course will have:
Exam:
Paper:
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type: No
Bar Course: No
DistanceEd ABA: No
Pass-Fail Student Election: Unavailable (Instructor Preference)
Course Materials
Book(s) Required
III. MATERIALS
Each week, please check online for additional articles and handouts throughout the semester.
Required:
1. Warren/Westbrook/Porter/Pottow, The Law of Debtors and Creditors (Wolters Kluwer, 8th Edition 2020)
2. U.S. Bankruptcy Code: https://www.law.cornell.edu/uscode/text/11
3. Federal Rules of Bankruptcy Procedure: https://www.law.cornell.edu/rules/frbp
Recommended:
4. Nesvold, Anapolsky, Lajoux, The Art of Distressed M&A: Buying, Selling and Financing Troubled and
Insolvent Companies (McGraw-Hill, 2011).
