GANNON UNIVERSITY LEGAL STUDIES PROGRAM SYLLABUS
Course Title: Basic Bankruptcy Law
Course Number: LEGL 335
Term: Spring 2005
Days and Hours: Wednesday Evenings from 6:00 p.m. to 8:50 p.m.
Classroom: PAC 3201
Instructor: Attorney Mark G. Claypool
Students may contact me outside of class at:
    Office:c459-2800 (location: 120 West Tenth Street, Erie, PA 16501)
    E-mail:
mclaypool@kmgslaw.com

 

Course Description: This course of study is designed to provide a basic understanding of substantive and procedural areas of bankruptcy law. It will include an introduction of the law of bankruptcy in both the consumer and business areas and provide practical instruction as to application of bankruptcy law in every day practice. Local custom as practiced in the United States Bankruptcy Court for the Western District of Pennsylvania (Erie Division) will be highlighted with the intent of providing the student an opportunity to become comfortable and familiar with the actual practice of bankruptcy law.


Outcome: The student will have an understanding of substantive bankruptcy law and how it relates to everyday practice. Students will be able to prepare (and understand) a basic consumer bankruptcy petition as well as various pleadings filed in the United States Bankruptcy Court for the Western District of Pennsylvania (Erie Division). More so than other disciplines in the law, the bankruptcy system is predicated on the good faith disclosure of information and debtor compliance with bankruptcy rules and statutes. Therefore, ethical considerations run throughout the practitioner's daily practice. As such, throughout the semester this course will also highlight the lawyer/paralegal ethical requirements in the application of substantive and procedural bankruptcy law.


Textbook: Basic Bankruptcy Law for Paralegals, David 1.Buchbinder (5thEd., 2004)


Assignments/Procedures: The readings listed for each class should be read prior to that class. Discussion questions, key terms, and chapter checklists follow the summary at the end of each chapter and will be the focus of each class during the lecture of that chapter. You should draft answers to these questions so that you can actively participate in class. Periodically your answers will be collected for progress review and returned to you during the following class.

 

Class Attendance: You are expected to attend all classes. University policy stipulates: "Attendance at all classes and laboratory sessions is expected of all students and all courses are conducted with this understanding. A student's grades are based upon the general quality of work performed in each course and by such factors as prompt completion of all assignments, papers, and readings, by presence for all examinations, and by participation in class discussion. The faculty has no obligation to provide special consideration of any kind to students who are absent from classes or examinations unless in the judgment of the faculty members the reason for the absence warrants such consideration. Assignments and examinations missed are graded as failures. Class attendance can be mandated by a faculty member and can affect the grade given provided that students are notified through the course syllabus at the beginning of the semester. Students are advised that class attendance or nonattendance can have a substantial influence on the quality of performance and completion of assignments, in class participation, in laboratory work, in preparation for and success in examinations, and in any other factors that may be used as criteria in determining the grades that will be received. Freshmen who are absent from a particular course in excess of twice the number of credit hours assigned to that  course may be dismissed from the course upon recommendation by the faculty member to the Dean of Student's Division. Missing an 80-minute period is considered as one and one-half absences."


Evaluation Procedures: Students will listen to lectures, ask questions, satisfactorily complete assignments and generally interact with the instructor and fellow students. Students must read each chapter that pertains to each specific lecture prior to the class. (Read Syllabus)


Bankruptcy Petition:      20% of grade
Midterm Examination:   30% of grade
Final Examination:         50% of grade
                                    100%

                                    90-100 pts. = A
                                    85-90 pts. = B+
                                    80-84 pts. = B
                                    75-79 pts. = C+
                                    70-74 pts. = C
                                    60-69 pts. = D
                                    59 and below = F


Academic Integrity: The University's policy on Academic Integrity as explained in the Student Handbook and University Catalog will be upheld in this course. I will not tolerate cheating on exams or any form of plagiarism. Any student violating this policy will not be permitted to finish the course, and will be asked to consider leaving the program.