The overall goal of this course is to provide students with direct, hands-on experience with the lawyering process in the context of issues and disputes that commonly arise during a typical contested bankruptcy case. Students will be assigned to teams representing either creditors or debtors/trustees and the teams will prosecute or defend various contested matters and adversary proceedings. Assignments may include: the debtor's schedules and the claims process, objecting to confirmation, seeking relief from the automatic stay, assumption or rejection of executory contracts and leases, nondischargeability claims and defenses, and avoidance claims and defenses. Assignments will require each team to discuss and research applicable legal principles, develop relevant facts, draft appropriate pleadings or discovery documents, and argue motions. Through these assignments, the course will address the procedural issues unique to federal bankruptcy proceedings and their interplay with rules of civil procedure and evidence, as well as local bankruptcy rules. Students will be required to follow and report on developments of a major pending bankruptcy case, and will be required to attend at least one session of bankruptcy court in Tuscaloosa.
