Comparative Insolvency and Bankruptcy Law Course Barry University, School of Law St. Thomas School of Law Professor Coco Summer 2014 Credits: 3

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1 Professor Contact Information Office Location: Phone Number: Comparative Insolvency and Bankruptcy Law Course Barry University, School of Law St. Thomas School of Law Professor Coco Summer 2014 Credits: 3 lcoco@mail.barry.edu, cocobarry@gmail.com Office Hours My office hours are open. If you need to meet with me and my office hours are not convenient for you, you can make an appointment to meet with me at a time outside of office hours. Class Meeting Times and Classroom Location Days: Times: Classroom: Course Objectives The objectives of this course are to (1) familiarize the student global and local debt structures-- World Bank and the International Monetary Fund ( IMF ); (2) connect the United Nations Model Law on Cross Border Insolvency and Chapter 15 of the U.S. Bankruptcy Code (3) analyze the European Unions Insolvency Structures (4) understand basic principles of insolvency and bankruptcy law in United States, Spain and South Africa with an emphasis on the U.S. Bankruptcy Code; and (5) analyze U.S. Bankruptcy court opinions and statutes. The course emphasizes the practical application of the U.S. Bankruptcy Code. Course Grade The course grade is based on (1) weekly class exercises using the U.S. Bankruptcy Code and (2) a final paper 15 pages in length discussing and analyzing issues of debt, insolvency and bankruptcy in the United States, Europe or globally. Part of the paper grade will involve a class presentation on the paper topic lasting 10 minutes.

2 Course Readings The daily reading assignments will be given in advance of each class for the following class. Please read before class. As a side note, it is likely that the class reading shall proceed as the text is proceeding, so reading ahead is always encouraged. Required Texts: Charles Tabb & Ralph Brubaker. Bankruptcy Law: Principles, Policy and Practice Bankruptcy Code Lexis Nexis Pamphlet Edition Recommended Reading provided online. 1. David Graeber, Debt: The First 5,000 Years (select pages). 2. Coco, Linda Stigma, Prestige and the Cultural context of Debt: A Critical Analysis of the Bankruptcy Judge s Non-Article III Status. 16 Mich. J. Race & L In re Hudson, District of Maryland, U.S. Bankruptcy Court (Judge Derby) 4. United Nations Model Law on Cross Boarder Insolvency with Guide to Enactment and Interpretation. 5. European Union Regulation on Insolvency Proceedings. 6. Introduction to Recognition Under Chapter M. Roestoff & H. Coetzee. Consumer Debt Relief in South Africa; Lessons from America and England; and Suggestions for the Way Forward CM Van Heerden & A Boraine. The money or the box: Perspective on reckless credit in terms of the National Credit Act 34 of Almoguera, Jesus and Juana Pulgar. Insolvency Reform in Spain. Readings by Class Number TOPIC TEXT(S) CODE SECTION(S) 1. Introduction to concepts of bankruptcy and insolvency; global debt structures historically and currently. Graeber text reading World Bank and IMF 2. History of Financial Failure Tabb text: Introduction, 1-11

3 globally; Nature and Purpose of U.S Bankruptcy Law History and the U.S. Bankruptcy Legal Field. 3. Introduction to U.S. Bankruptcy Law and Structure; 4. Introduction to Chapter 15 As a response to the United Nations Model Law 5. Chapter 15 Recognition and Relief Coco: University of Michigan 16 Mich. J. Race & L. 181 (entire). Tabb: 39-57, Tabb: 114, 118, Code Sections: Case Code Sections: Core Concepts: Property of the Estate Part 1 Tabb: , , Code Sections 541 (a)(1), (6), (7). Section 541(b); Property of the Estate Part 2 8. Automatic Stay Part 1 Tabb: , , Tabb: 122, , Code Sections 541 (a)(1), (6), (7). Section 541(b); Code Sections 362 (a), (b), (c); 1519, Automatic Stay Part 2 Tabb: 122, , Code Sections 362 (a), (b), (c); 1519, Creditor Claims in Bankruptcy Unsecured Claims Part 1 Tabb: Code 101(5) 11.. Creditor Claims in Bankruptcy Unsecured Claims Part 2 Tabb: , , Code 501, 502(a), (c), (b)(9),(j), 1111(a);

4 12. U.S. Bankruptcy Law: Filing the petition; commencing a voluntary case and Eligibility in Chapter 7, 11, 12, 13 & 15 Tabb: 114, 118, , , , In re Hudson (Bankruptcy Court opinion on eligibility requirements) 109(a)-(e); 101 (41), (9), (18)- (19), U.S. Bankruptcy Law: Filing the petition; commencing a voluntary case and Eligibility in Chapter 7, 11, 12,13 & 15. Tabb: 114, 118, , , (a)-(e); 101 (41), (9), (18)- (19), Chapters 7, 11, 12 & 13 discussion, differences, and conversion between. Introduction to Key Concepts: Property of the Estate, Automatic Stay, Means Test Tabb: , , , 727, 1112, 1129, 1208, 1306, 1307, Means Test: The Bankruptcy Abuse Prevention and Consumer Protection Act of Means Test: The Bankruptcy Abuse Prevention and Consumer Protection Act of Calculating Expenses 17. Presumption of Abuse, Calculating Abuse US Bk Courts Website Print BK Forms: B22A, B22C 18. Comparing U.S. Bankruptcy Code; EU Insolvency, Spain. Review prior reading 19. Student presentations

5 20. Student presentations