6347 Secured Financing - MOLL- 20142
Douglas Moll (FACULTY)
Course Areas: Business and Commercial Law
Time: 2:30p-4:00p TTH Location:
Course Outline: When a debtor runs into financial trouble, the likelihood of a particular creditor getting repaid in whole or in part will often depend on whether the creditor lent on a secured or unsecured basis. Compared to an unsecured creditor, a secured creditor possesses vastly superior legal rights in the collection and enforcement of debts. This course will address the "elevated" legal rights of the secured creditor by focusing upon Article 9 of the Uniform Commercial Code (the "UCC") -- the law of secured financing. We will discuss the rights and remedies of the secured creditor and the unsecured creditor under state law, and we will also address the effect of bankruptcy upon these rights and remedies (no prior knowledge of bankruptcy is required). The course is taught from a problem-solving approach; thus, the classes will focus upon discussing and analyzing real-world legal problems.
Course Syllabus: Syllabus revised 8/19/20
Course Notes: DistanceEd The instructor for this course has expressed a preference to operate the course as distance education. This means no physical classroom is assigned for this course. This also most likely means synchronous internet videoconferencing class sessions during the day(s) and time(s) when the course is scheduled to meet. However, other, more flexible modalities are possible, such as not using some of the scheduled class sessions to meet but instead supplementing with asynchronous distance education techniques. More details should be made available from the instructor via their syllabus or via other means as the start of the semester nears.
First Day Assignments: SECURED FINANCING -- INITIAL ASSIGNMENT
Class syllabus: Will be emailed out on the first day of class.
For the first class: Lopucki and Warren xxxi - xxxvii; 3 - 21. Be sure to work the problems on pages 19 – 21 (you may skip problem 1.6). We will discuss them during the first two class sessions.
During the first class, I will need to call on students for assistance with the problems. Thus, I expect you to make a good-faith attempt to answer the problems before class such that you can contribute to a productive (and efficient) class discussion.
Note: For the following class, we will finish the problems in assignment 1 and move on to assignment 2. (You are responsible for reading all of assignment 2, but you only need to work problem 2.1.) We might start assignment 3, and you are only responsible for problems 3.1, 3.5, and 3.6 in that assignment.
Final Exam Schedule: 12/08 2 - 5pm
This course will have:
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type: No
Bar Course: Important (MEE)
DistanceEd ABA 306:
Pass-Fail Student Election: Available
Course Materials (8/2/2020 11:14:22 PM)
The following materials are required for this class:
(1) Lynn M. LoPucki, Elizabeth Warren, and Robert Lawless, Secured Transactions: A Systems Approach, Wolters Kluwer (8th ed. 2016), ISBN: 9781454857938. [DO NOT PURCHASE THE NEW 9TH EDITION OF THIS BOOK.]
(2) Elizabeth Warren, Bankruptcy and Article 9, Wolters Kluwer (2019 or latest edition), ISBN: 9781543820485.