LEGA 2130 - Proceedings Under the Federal Bankruptcy Code & Debt Collection

Credit Hours: 2.00

Objectives:

1. Define collection law and bankruptcy law.
2. Differentiate between a collection matter and a bankruptcy matter.
3. Identify a client’s situation involving a bankruptcy matter or a collection matter.
4. Identify the office systems in a collection case.
5. Identify the bankruptcy court.
6. Explain duties and powers of the bankruptcy court.

Outcome 2: Upon successful completion of this course, students will be able to analyze different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.

Objectives:

1. Identify different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.
2. Define different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.
3. Differentiate among different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.
4. Analyze different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.
5. Explain different ways that debtors may file for bankruptcy under the Federal Bankruptcy Code.

Outcome 3: Upon successful completion of this course, students will be able to prepare bankruptcy forms for a liquidation case or a Chapter 13 Plan under the Federal Bankruptcy Code.

Objectives:

1. Gather information needed to formulate appropriate forms or documents concerning a client’s bankruptcy situation.
2. Locate appropriate bankruptcy documents or forms for a client’s liquidation matter or a Chapter 13 Plan.
3. Identify appropriate bankruptcy documents or forms for a client’s liquidation matter or a Chapter 13 Plan.
4. Distinguish between the various bankruptcy documents or forms for a client’s liquidation matter or a Chapter 13 Plan.
5. Analyze appropriate bankruptcy documents or forms for a client’s liquidation matter or a Chapter 13 Plan.
6. Use appropriate bankruptcy documents or forms for a client’s liquidation matter or a Chapter 13 Plan.
7. Assist attorneys in preparing debtors for bankruptcy court.
8. Communicate with a Trustee involving a debtor client’s situation.

Outcome 4: Upon successful completion of this course, students will be able to prepare court forms for a debtor client’s collection case in a state arena.

Objectives:

1. Gather information needed to formulate appropriate forms or documents concerning a client’s collection situation.
2. Locate appropriate documents or forms for a client’s collection matter.
3. Identify appropriate documents or forms for a client’s collection matter.
4. Distinguish among various documents or forms for a client’s collection matter.
5. Analyze appropriate documents or forms for a client’s collection matter.
6. Use appropriate documents or forms for a client’s collection matter.
7. Assist attorneys in preparing debtors for a collection case.

• Communication: The graduate can communicate effectively for the intended purpose and audience.
• Critical Thinking: The graduate can make informed decisions after analyzing information or evidence related to the issue.
• Global Literacy: The graduate can analyze human behavior or experiences through cultural, social, political, or economic perspectives.
• Information Literacy: The graduate can responsibly use information gathered from a variety of formats in order to complete a task.
• Quantitative Reasoning: The graduate can apply quantitative methods or evidence to solve problems or make judgments.
• Scientific Literacy: The graduate can produce or interpret scientific information presented in a variety of formats.

1. Overview of Bankruptcy process
2. Common questions for Debtor’s Counsel from clients
3. Preparation of a Chapter 7 bankruptcy case and commence preparing schedules
4. Filing the case, Debtor’s obligations in filing the case, Meeting of creditor’s and examination, Debtor’s rights, Amendments, Reaffirmation Redemption, Surrender of collateral
5. Discharge of debt’s, continue preparing schedules and application of information to schedules
6. Chapter 13 bankruptcy
7. Overview of debt collection process and the anatomy of a lawsuit in the Michigan Courts
8. Debt Collection Process
   1. Fair Debt Collection Practice Act (Federal)
   2. Collection Practices Act (State)
   3. Collection Letters
   4. Role of the Paralegal
   5. Initiation of office procedures
   6. Commencement of Litigation - Michigan court rules, summons, complaint, affidavit of account default and consent judgments, answers and offer of judgment
   7. Discover, interrogatories, depositions, requests for admissions subpoenas and other discovery measures
   8. Trial Burden of proof, exhibits and witnesses
9. Post Judgment Remedies
   1. Garnishments
   2. Executions
   3. Discovery subpoenas
   4. Creditors exams
   5. Obtaining appropriate financial information
   6. Orders to show cause and bench warrants