BANKRUPTCY & CREDITORS' RIGHTS (Fall 2009)
Seton Hall University School of Law
This course is designed to provide a comprehensive overview of the law of
bankruptcy. We start with a brief look at some key elements of state debtor-
creditor law and then move on to the Federal Bankruptcy Code, which dominates
this area of the law. The bankruptcy portion of the class will look at both
consumer and business bankruptcy.
The text for this course is Warren & Westbrook, The Law of Debtors and Creditors,
6th ed. You must also have a copy of the Bankruptcy Code and must bring it to
class every day.
Note that the Bankruptcy Code was substantially amended during 2005 and
several dollar figures in the Code were updated in 2007 -- old versions of the
Code will not work for this class.
If you find that you need more explanation of certain topics, I suggest the multi-
volume loose-leaf treatise Collier on Bankruptcy, which offers in-depth discussions
of bankruptcy law and is widely viewed by practitioners as the definitive word on
the Code. Collier’s is available on LEXIS, in the bankruptcy section. Brian Blum’s
Examples and Explanations book is also helpful, but make sure you get the 4th or
any latter edition, so that you have coverage of the 2005 amendments. Tabb’s
treatise on Bankruptcy (published by Foundation) has recently been updated and
it also provides a good overview of the course. This last book may be especially
good for those of you who struggle with the “problem based” structure of the
Also, do not underestimate the value of a good legal dictionary. You will run into
many new terms in this class, and you need to understand these terms to make
sense of the cases.
Structure of the Course
Problem Solving. The emphasis in the course will be on problem solving. We will
spend most of our class time discussing the problems in the casebook.
We typically will not do any sort of traditional presentation of the cases