An examination of relief available for individuals and businesses under the Bankruptcy Reform and Consumer Protection Act of 2005 (BAPCPA) is the basis of this course. The rights and duties of debtors and creditors are presented. Special emphasis is placed on the responsibilities of the paralegal in interviewing the client and preparing documents to be filed.
Note: Textbook, Bankruptcy Fundamentals by Kathleen Fisher, available at the KSU Center bookstore.
- Identify key differences between secured and unsecured debts, both under state debtor-creditor law and federal bankruptcy law.
- Analyze Georgia statutory liens in favor of merchants.
- Prepare or review UCC financing statements and Georgia wage garnishment affidavit, summons and answer.
- Differentiate between dischargeable and non-dischargeable debts in Chapter 7 and 13 bankruptcies.
- Compute exempt property for consumer debtors (individual and married couples) in Chapter 7 bankruptcies.
- Determine whether a secured debt must or should be reaffirmed or redeemed in order for the debtor to retain the collateral.
- Identify the types of liens a consumer debtor may avoid in bankruptcy.
- Describe what type of debts or assets are listed on each schedule in a bankruptcy-filing packet.