Law 248 - Business Bankruptcy
M.I.M.(C.E.M.S.), HEC-Paris, 2000
Ph.D., Vienna University of Economics and Business Administration, 2003
J.D., University of Vienna, 2006
This course is an introduction to federal bankruptcy law with an emphasis on the restructuring of businesses. The class will provide a solid foundation in bankruptcy law both for those who are considering specializing in the area and for those who are primarily interested in other aspects of business law. Thus, the course will explore the significant impact bankruptcy law has on other fields -- e.g., financing, mergers and acquisitions, environmental law, intellectual property, litigation -- and will equip students primarily interested in these other fields to understand the intersection between them and bankruptcy law. The class will cover the policies behind the Bankruptcy Code and such concepts as the automatic stay, the definition of the bankruptcy estate, the ability to avoid preferences and fraudulent transfers, sales of businesses through a bankruptcy proceeding, and issues affecting the ability to confirm a plan of reorganization. In addition, the course will address how bankruptcy affects the rights of secured creditors, licensing of intellectual property, the resolution of mass torts, the enforceability and practical utility of provisions commonly found in financing agreements and contracts, and efforts to contract around the Bankruptcy Code via securitizations and similar structures. The course will touch only briefly on issues unique to consumer bankruptcies.