U.S. Bankruptcy History Seminar

3 units

Drop deadline: 5:00 p.m. the day after the first class meeting. At its core, bankruptcy law addresses four fundamental issues that arise when debtors cannot fully repay their creditors: determining eligibility for relief, defining the scope of relief, identifying the property debtors must surrender, and deciding how to distribute that property to satisfy creditors’ claims. This seminar examines continuity and change in federal bankruptcy law’s treatment of these issues from 1789 to 1978, with a focus on its transformative role in restructuring debtor-creditor relations through the alteration of nonbankruptcy-law entitlements. The class will meet on a weekly basis during the first ten weeks of the semester to discuss primary and secondary sources on the Constitution’s Bankruptcy Clause; the Bankruptcy Acts of 1800, 1841, 1867, and 1898; and the Bankruptcy Reform Act of 1978. For the remainder of the semester, students will meet individually with the professor to discuss written feedback on their research paper drafts. Paper topics will be informed by the assigned readings, class discussions, and consultation with the professor. To satisfy the seminar’s pedagogical objectives, the paper must comprehensively research the topic and provide an original and thorough analysis of the researched materials that logically develops the paper’s thesis. The paper must be a minimum of 30 pages, exclusive of footnotes and bibliography, and students must submit both a draft and final version. The seminar grade will be based on the final version, subject to adjustments for inadequate class participation. Prerequisite: Bankruptcy or Reorganization Seminar. Enrollment limit: 16. Drop deadline: 5:00 p.m. the day after the first class meeting.