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Summer IV 2022
6347 Secured Financing - DOLE- 12950

Professor(s): Richard Dole (FACULTY)

Credits: 3

Course Areas: Business and Commercial Law 

Time: 6:00p-8:45p  MTW  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

Course Notes: (Synchronous Online)  The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. Contrary to the UH information, some student materials may not be available online, such as an assigned casebook. A physical classroom may be assigned for this course to give students a location in the Law Center to join the virtual class sessions. If the course has a final examination, the final and any other assessment for the course, such as a mid term exam, will be conducted without the need to physically come to the Law Center, such as, for example, via the EBB portal as a take home exam or under remote proctoring.

Prerequisites:  

First Day Assignments: Materials for the first class session: Prior to the first class session, students should obtain a copy of and read as assigned: (1) the Syllabus; (2) the Supplemental Problems Index; (3) the Handout for the CB Introduction; (4) the Handout for Problem Set #1; and (5) the Handout for Problem Set #2.

Assignment for the first class session: Discussion of (1) the Class Syllabus, (2) The Supplemental Problems Index, (3) the Handout for the CB Introduction on CB xxxi – xxxvii; (4) the Handout for Problem Set One, which deals with the material on CB pp.3-19; and (5) the Handout for Problem Set Two, which deals with the material on CB pp.22-37.
6.

Assignment for the second class session: (1) any concluding discussion of the Handout for Problem Set Two; and (2) discussion of the Handout for Problem Set Three, which deals with material on CB pp. 40-54 to the extent that time permits.

Final Exam Schedule: 08/10 6-9pm  144 BLB    

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: Important (MEE)

DistanceEd ABA: Yes

Pass-Fail Student Election: Available

Course Materials (3/8/2022 3:07:36 PM)

Book(s) Required

Course Materials: (1) L. LoPucki, E. Warren & R. Lawless, Secured Transactions: A Systems Approach (9th ed. Wolters Kluwer 2020) ISBN 9781543804508 (2) Chomsky, Kunz, Schiltz, and Tabb's Selected Commercial Statutes, 2021 Edition ISBN: 9781647088712

Plus additional materials supplied by instructor.