Spring 2024
Professor(s):
Douglas Moll (FACULTY)
Credits: 3
Course Areas: Business and Commercial Law
Time: 10:30a-12:00p TTH Location: 220
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
Course Notes: (Face-to-Face) The UH registration system instruction mode for this course is listed in parenthesis. 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.
Quota= 40
Prerequisites:
First Day Assignments: 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: 5/2/2024 9-12 220 213
This course will have:
Exam:
Paper:
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type: No
Bar Course: Important (MEE)
DistanceEd ABA: No
Pass-Fail Student Election: Available
Course Materials
Book(s) Required
Course Materials: The following materials are required for this class: (1) Lynn M. LoPucki, Elizabeth Warren, and Robert Lawless, Secured Transactions: A Systems Approach, Wolters Kluwer (9th ed. 2020). (2) Elizabeth Warren, Bankruptcy and Article 9, Wolters Kluwer (2021 or latest edition)
The following materials are required for this class:
(1) Lynn M. LoPucki, Elizabeth Warren, and Robert Lawless, Secured Transactions: A Systems Approach, Wolters Kluwer (9th ed. 2020).
(2) Elizabeth Warren, Bankruptcy and Article 9, Wolters Kluwer (2021 or latest edition)
