287.01 Principles of Commercial and Bankruptcy Law

This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. It is intended to provide a solid conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

The course starts with a brief overview of the more innovative aspects of sales law, and then introduces such basic commercial law concepts as negotiable instruments, letters of credit, funds transfers, and documents of title. The course then focuses on secured transactions under Article 9 of the Uniform Commercial Code (UCC), including the concepts of security interests, collateral, perfection and priority, and foreclosure. That brings in the natural interplay with such fundamental debtor-creditor aspects of bankruptcy law as property of a bankrupt debtor’s estate, automatic stay of foreclosure and enforcement actions, use by a debtor of property subject to a security interest and adequate protection of the secured party’s interest, rejection and acceptance of executory contracts, bankruptcy trustee’s avoiding powers including preferences and fraudulent conveyances, post-petition effect of a security interest, set-offs, and subordination. The course also introduces basic corporate reorganization and international insolvency principles.

Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law. This course (Principles) is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

 

Fall 2021

Course Number Course Credits Evaluation Method Instructor Meeting Day/Times Room
287.01
Course Credits
Final Exam
Steven L. Schwarcz Tu/Th 4:00 PM-5:50 PM 3041
Sakai site: https://sakai.duke.edu/portal/site/LAW.287.01.F21
Email list: LAW.287.01.F21@sakai.duke.edu
Course
Degree Requirements
Course Requirements - JD
Course Requirements - JD-LLM-LE
Course Requirements - Public Interest
Course Areas of Practice