Law 740 - Bankruptcy Transactional Course: Negotiating and Confirming Chapter 11 Plans
Kenneth N. Klee
J.D. Harvard, 1974
Students will be divided into groups and assigned one of four roles -- debtor's counsel, secured bank's counsel, unsecured creditors' committee 's counsel, and Noteholders counsel. You will be assigned a complex corporate reorganization problem and will be expected to negotiate and/or litigate a plan of reorganization with the other members of your group. Each student will be expected to prepare approximately forty pages of legal documents, likely more if you are unable to negotiate a consensual resolution. Required written work will include an initial strategy memorandum, a plan of reorganization and confirmation briefs either in support of or in opposition to your group's plan, and a brief post-mortem memorandum reflecting on the plan process within your group. Oral argument in front of a judge at a mock confirmation hearing is also required. Classroom sessions will focus on negotiation theory and practice as well as advanced topics in bankruptcy laws that relate to the reorganization problem and strategic considerations in the plan process.
Method of evaluation: There will be no final examination. I will grade the written work for its technical merit. Final grades will be based primarily on this non-anonymous assessment of the written work and argument and secondarily on my subjective assessment of how well each student has advanced his or her client's interest in the plan process – (i.e. results obtained).
Prerequisite: Law 248 - Bankruptcy or Law 940 - Chapter 11 Overview for Law 740.