Bankruptcy Class Website

Prof. Scott B. Ehrlich
Spring 2015



Welcome to the Bankruptcy Class Website

This web site provides updated information about the course and upcoming assignments. It also contains links to many of the handouts and materials used in the course, as well as links to helpful bankruptcy-related sites on the web.  All materials on this web site for use only by students enrolled in Bankruptcy at California Western School of Law.  Students in the class may copy these materials to their own computers.  However, these materials may not be transferred to others or posted on publicly accessible web sites. SOME DOCUMENTS ARE PASSWORD PROTECTED.  You will receive the password by email.


Assignments

Assignments for the entire course are contained in the first few pages of the Photocopied Assignments & Readings, or on line via this link: Assignments for the Semester. You may also check on the specific assignments already covered in class via this link: Past Assignments.  Make sure you always visit this part of the website a day or two before class to check for changes.

A Note For Students Who Have Not Taken Secured Transactions:

The course in Secured Transactions is recommended but not required.  If you have not taken Secured Transactions, I will provide you with helpful background readings and tell you when and what to read.  Usually about 40-60% of the students in Bankruptcy have not taken Secured Transactions.

 

ATTENDANCE AT THE FIRST CLASS SESSION IS REQUIRED

(unless permission is granted by Prof. Ehrlich)

 

MATERIALS FOR THE BANKRUPTCY COURSE

 

1.    Ehrlich, Photocopied Assignments & Readings (2014 edition)

2.    Ehrlich, Photocopied Official Bankruptcy Forms (2014 edition)

3.    Ehrlich, Materials For Students Who Have Not Taken Secured Transactions (available below)

 

1.            Tuesday, January 6:

a.    Introduction: Read pages 1-41 of the Readings.  Don’t skip the Blackstone excerpts.  If you don’t have time to get to the Bookmart, you can access pages 1-41 here.

b.    Be prepared to identify two fundamental reasons for having bankruptcy laws.

c.    Read an update on the impact of the Bankruptcy Amendments & Consumer Protection Act of 2005: Update

d.    Students who have not taken Secured Transactions should read the material referred to on the first page of the photocopied Secured Transaction materials: Materials For Students Who Have Not Taken Secured Transactions

e.    Take a look at the lists of corporate bankruptcies in the following links.  Do any of the companies seem familiar?

                                  i.    Billion Dollar or Greater Bankruptcies Since 1980.

                                 ii.    One-Half Billion Dollar or Greater Bankruptcies Since 1980.

2.            Thursday, January 8:

a.    State Law Remedies: Read the materials listed in Part II (A)(1) of the Assignments and review the Judicial Council forms referred to in part II(A)(2). The forms are also available online: Writ of Execution, Notice of Levy, Memorandum of Garnishee, Exemptions From The Enforcement Of Judgments, Claim of Exemption

                                  i.    Fill-in parts 1-19 of the Writ of Execution, and parts 1-3 of the Notice of Levy.  Click here for more information.

b.    Take a look at the California Judicial Council “Abstract of Judgment” form.  What is the purpose of the form?

c.    The Role of Security Interests: Students who have not yet completed Secured Transactions (or students who want to refresh their recollection) should read the first part of the Materials For Students Who Have Not Taken Secured Transactions.

3.            Tuesday, January 13:

a.    Collection of Judgments Under State Law:

                                  i.    Review the Judicial Council forms referred to in part II(A)(2). The forms are also available online: Writ of Execution, Notice of Levy, Memorandum of Garnishee, Exemptions From The Enforcement Of Judgments, Claim of Exemption

                                 ii.    There is a written assignment required for class.  Click here for more information.

b.    Redemption: Read Part II(B) of the Assignments.

c.    Pre-Judgment Remedies: Part II(C)(1) and (2).

d.    Group Remedies Under State Law: Part III(A)(1) and (2).

4.            Thursday, January 15:

a.    Filing Voluntary Petitions: Initiating Voluntary Bankruptcy Cases:

                                  i.    Part IV(A)(1)(a).

                                 ii.    Part IV(A)(1)(b)(1)-(7)

b.    Consumer Debtor Requirements:

                                  i.    Part IV(A)(1)(c)(1)-(3)

                                 ii.    Carefully review Official Form 22A (in your Supplement). An on-line copy of the latest Form 22A & Committee Notes are at these links: Form 22A (2010)  | Committee Note (22A-C)

                               iii.    Look at the U.S. Trustee Means Testing Page

1.    Respond to the following Means Testing Hypotheticals: PDF Format, MsWord Format

5.            Tuesday, January 20:

a.    Consumer Debtor Requirements:

                                  i.    Review §707(b)(2)

                                 ii.    Review the cases of In re: Patricia Ann Garcia and In re Ransom.  The court misinterprets §707(b)(2).  Can you see why?

                                iii.    Carefully review Official Form 22A (in your Supplement). An on-line copy of the latest Form 22A & Committee Notes are at these links: Form 22A (2010)  | Committee Note (22A-C)

                               iv.    Look at the U.S. Trustee Means Testing Page

                                v.    Respond to the following Means Testing Hypotheticals: PDF Format, MsWord Format


The Bankruptcy Code, Rules & Forms

 

The Bankruptcy Code, Rules & Forms:

1.    Full-Text Version (Edited by Prof. Ehrlich. Signed voucher from purchased materials required for personal electronic copy)

2.    The U.S. Bankruptcy Code at Cornell University: Bankruptcy Code

3.    FRBP on-line

 

Official Bankruptcy Forms:

1.    U.S. Government Links to Official Forms

 

Local Rules:

1.    Local Rules of the Southern District of California Bankruptcy Court

2.    Standing Administration Guidelines for Chapter 7

3.    Local Order 180-A regarding “Rights and Responsibilities of Chapter 7 Debtors and Their Attorney” 


Links

1.    Ehrlich, Materials for Students Who Have Not Taken Secured Transactions

2.    The Cornell University Bankruptcy Website (contains excellent resources and links)

3.    The Cornell University UCC Article 9 Website.

4.    The Administrative Office of the U.S. Courts maintains a site with information and official forms.

5.    The U.S. Trustee Program (contains helpful information)

6.    U.S. Trustee Means Testing Page

7.    U.S. Bankruptcy Court for the Southern District of California maintains an excellent web site with information and forms.

8.    California Judicial Council Forms

9.    The State of California Codes  


Questions & Answers

 

This section will contain questions posed by students during the course of the semester - - and answers posted by Prof. Ehrlich. To post a message, click here: sbe@cwsl.edu. Your name will not be posted here, just the question & answer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Prof. Ehrlich

 

E-mail: sbe@cwsl.edu
Tel: 619-525-1416
Office: Room 313, Administration Building (225 Cedar St.)

Office Hours

Tuesday

1:30-3:15

Wednesday

1:30-3:15

Thursday

1:30-3:15

Other Times:

I’m often available, please knock.