Bankruptcy Law Pathway

Bankruptcy Law helps people, who cannot afford to pay their creditors, to liquidate their assets to pay their debts or to create a repayment plan. Bankruptcy laws also protect businesses and facilitate orderly distribution to creditors. Most cases are filed under Chapter 7, Chapter 11, and Chapter 12 of the Bankruptcy Code. Bankruptcy proceedings are filed in federal courts.

There are a number of courses devoted to subjects within the area of Bankruptcy Law as well courses to help you prepare to take the bar examination. Students who want to pursue legal practice in Bankruptcy Law should consider the courses below. Other courses, besides those listed, are offered under the FIU College of Law curriculum.

Please view the Schedule of Classes to determine which courses will be offered during the current school year.

Foundation Courses related to this pathway include: Civil Procedure, Contracts, Constitutional Law and Property.

There are a number of courses devoted to subjects within the area of Alternative Dispute Resolution as well courses to help you prepare to take the bar examination. Students who want to pursue legal practice in ADR should consider the courses below. Other courses, besides those listed, are offered under the FIU College of Law curriculum.

Please view the Schedule of Classes to determine which courses will be offered during the current school year.

Foundation Courses related to this pathway include: Contracts.

Core Courses

Bankruptcy Law
LAW 6052 Bankruptcy (2-3). This course covers such diverse matters as the various forms of relief available to different kinds of debtors, including liquidation, reorganization of a business, and adjustment of an individual’s debts; financing a Chapter 11 debtor in possession; the automatic stay and the rights of secured and unsecured creditors; the trustee’s avoiding powers, exemptions, discharge of debts and the treatment of executory contracts. The basic concepts underlying the 1978 Bankruptcy Code such as discharge, reorganization and equitable distribution are also investigated.

Secured Transactions
LAW 6051 Secured Transactions (2-3). This course covers the creation, perfection, and enforcement of security interests in personal property under Article 9 of the Uniform Commercial Code, including priorities among conflicting interests in the same property and choice of law problems. Some discussion of bankruptcy law as it affects the interests of secured creditors may also be included.
Advanced Electives

Law of Corporate Finance
LAW 7064 Law of Corporate Finance (2-3). An advanced corporations course on legal and economic issues involved in corporate financing decisions, covering a broad range of issues including basic accounting, valuation of corporate entities and their securities, corporate capital structures including the relationship of corporate debt to equity and the impact of leverage, dividend and investment policy, and new financial instruments such as derivatives and structured finance.

Payment Systems
LAW 6556 Payment Systems (2-3). This course will survey the uses of different payment mechanisms (negotiable and nonnegotiable instruments, credit cards and electronic funds transfer and wire transfer systems) in both credit and cash transactions. The course will consider allocation of risks for fraud, countermands, defenses on the underlying contract, mistake, timeliness and unauthorized payments. In each case the allocation of risks in connection with different payment mechanisms will be considered, along with whether these allocations should be the same or different for each mechanism. The course will focus on Articles 3 and 4 of the Uniform Commercial Code and, as time permits, consider letters of credit under U.C.C. Article 5 and the International Chamber of Commerce Uniform Customs and Practice. Special emphasis will be given to techniques of statutory analysis, commercial counseling and a rethinking of present rules, especially in the light of the revision of Articles 3 and 4. The impact of federal legislation on the state payments law (U.C.C. Articles 3, 4, and 4A) may also be treated.

Remedies
LAW 6320 Remedies (3). The course focuses upon the nature and scope of relief that a court may grant a party who has established a substantive right. Topics include judicial remedies such as damages in tort and contract cases, restitution, punitive remedies, declaratory relief and coercive remedies in equity.
Other Electives

Corporate and Partnership Tax
LAW 6610 Corporate and Partnership Tax (2-3). The course examines the income tax treatment of corporations and their shareholders and of partnerships and their partners arising from various transactions including incorporations, distributions, redemptions, liquidations, and non-taxable acquisitive reorganizations. Prerequisite: Federal Income Tax.”]Corporate and Partnership Tax

Federal Income Tax
LAW 6600 Federal Income Tax (3). This course offers an introduction to the fundamental principles of federal income taxation, particularly as applied to individuals, including the concepts of gross income, identification of the proper taxpayer, deductions, income tax accounting, capital gains and losses, deferred payment sales and non-recognition transactions. Consideration will be given to issues of tax policy and tax planning techniques.

Insurance Law
LAW 6080 Insurance Law (2-3). The course deals with: the making, administration and interpretation of insurance contracts; governmental (including judicial) regulation of insurance; common insurance contract provisions; subrogation; excess liability of insurers; and property, life and liability insurance policies and problems.
Experiential Learning
Faculty

Scott F. Norberg, Professor of Law
305.348.1118