This course questions whether the current bankruptcy system adequately deals with the societal concerns implicated when people and businesses find themselves unable to pay their bills during periods of relative economic stability. In considering these causes, we will explore whether as a matter of policy the bankruptcy system should be used to cure other societal ills (lack of medical coverage, failure to enforce child support obligations, inadequacy in public school education, "runaway" jury verdicts in massive tort cases, etc.). In addition to asking why people and businesses find themselves unable to pay their bills, we also will consider whether lawyers and creditors unjustly enrich themselves at the expense of people who are facing financial ruin.
We will study the bankruptcy fraud criminal statute and applicable rules of professional conduct and will consider whether these laws should be used with greater frequency to curb debtor, creditor, and attorney abuse of the bankruptcy system. Because we primarily will examine the systemic causes for financial distress, prior knowledge of bankruptcy laws is not required.
Optionally satisfies the writing requirement. |
