CLASS SYLLABUS
DEBTOR CREDITOR LAW
PLG 420 BLACKBOARD
Three (3) Credits
Professor Daniel E. Shannon
Spring Semester 2008
Home Number : 727-4950
Office Number : 727-3551
Office Hours as Posted or by Appointment.
Class Meets: BLACKBOARD
This Class is a Legal Specialty Course for Paralegal Majors.
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As an expression of the teaching mission of Jesus Christ, the mission of the University of Great Falls is to provide students with the opportunity to obtain a liberal education for living and for making a living. The University of Great Falls was founded through the collaborative efforts of the Sisters of Providence, the Ursuline Sisters, the Catholic Bishop of Great Falls and the civic community all of whom recognized societal need for higher education. Its educational mission, sponsored by the Sisters of Providence, continues to be the shared endeavor of dedicated people. The University cooperates with both private and public institutions to attain goals consistent with its educational purpose and values. The University continually and responsibly evaluates its operation and programs. It develops professional and career programs and continuing education courses designed in view of society’s present and future needs as well as traditional academic degrees in appropriate fields.
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The University offers students a foundation for actively implementing Gospel values and the teaching of Jesus within the Catholic tradition; it serves students of all beliefs who wish to take advantage of its programs. The faculty and staff of the University join with students in a cooperative and enthusiastic search for truth, so that students may develop: Character have a positive impact on the world and to the communities in which they live and work, particularly by recognizing and accepting personal accountability to themselves, to society, and to God; Competence further their ability to live full and rewarding lives by becoming competent working members of society who know the basics of their professional field and have access to future learning; Commitment find meaning in life which enables them to participate effectively in society while transcending its limitations, by living according to their own moral and religious convictions, as well as by respecting the dignity and beliefs of other people. |
University of Great Falls graduates ENGAGE THE QUESTIONS
What does it mean to be human? The university encourages students to
- appreciate the inherent value and interrelatedness of all God's creation
- appreciate the inherent dignity of every person
- appreciate and value cultural differences and similarities
- appreciate that community is essential to being and becoming human
- appreciate the responsibility to maintain and strengthen society by helping others and advancing justice
- appreciate the value of aesthetic and creative expression.
What does it mean to participate in intellectual inquiry? The university encourages students to
- dedicate themselves to the pursuit of truth and knowledge
- cherish the cumulative wisdom of human inquiry, past and present as a means to enrich the future
- civilly question and challenge, and remain open to being questioned and challenged, in pursuit of the common good
- think critically and creatively, analyze situations and proposals accurately; identify issues, evaluate and appreciate alternative positions.
What does it mean to "make a living" and to live as a productive human being? The university encourages students to
- communicate clearly and effectively in multiple modes of discourse
- identify problems and articulate appropriate solutions
- accept the consequences of their decisions and actions
- dedicate themselves to their field of endeavor
- possess expertise in a specific area and appreciation of other areas
- value the importance of personal health.
What does it mean to participate in the spiritual and religious dimensions of life? The university encourages students to
- explore religious world views and value systems and their implications for living
- contemplate spirituality, the meaning of God, religion, and the gospel of Jesus Christ and their importance for living
- further God's work of reaching out to humanity
- make sound moral judgments
- appreciate the Christian and Catholic traditions.
SCHOOL OF HUMAN SERVICES GOALS
Ø To prepare students to qualitatively and quantitatively study human and social issues and institutions in order to allow them to make contributions the quality of they're own and others' lives.
Ø To assist students to think critically about and to react resiliently in influencing the problems of dignity and justice confronting them, others, and communities.
Ø To assist students to think ethically about issues, which affect individuals and communities, and to make reasoned moral choices about courses of action open in influencing these issues.
Ø To prepare students to understand themselves, their roles in the local and global communities, and their responsibility to be a catalyst for social change and stability.
ACADEMIC MISCONDUCT
Students are expected to exhibit high standards of academic conduct. All acts of dishonesty in academic work constitute academic misconduct. Such acts include:
Ø Cheating: Use or attempted use of unauthorized material or the work of another student in any academic assignment, paper, or examination.
Ø Plagiarism: Intentional representation of another’s work as one’s own. This includes the unauthorized and unacknowledged use of the phrases, sentences, paragraphs, ideas, illustrations, drawings, photographs, or computer programs of another.
The course instructor is the initial judge of whether a student is guilty of academic misconduct. Should a student disagree with an instructor’s judgment, the student may appeal the instructor’s decision by following the “Procedure for Student Appeal in Academic Matters” in the Student Handbook.
The minimum penalty for an act of academic misconduct shall be a grade of “F” (failure). Severe or repeated instances of academic misconduct will result in more severe sanctions up to and including expulsion.
Required Text: Creditors’ Rights and bankruptcy: Latest Addition
Steve H. Nickles and David Epstein
Black Letter Series: West Publishing
ISBN 0-314-48841-3
Related Sources: Findlaw.com; Montana
State Bar Web Site;
Montana Code Annotated.
Handouts, where Applicable.
DVD-CD of 13 taped Lectures
University Course Description: Examines basic concepts in the debtor creditor relationship including the rights and interests of both parties in a transaction. Principles of Bankruptcy Stressed.
Prerequisite: BUS 220 recommended.
Overview of the Course: The student is introduced to the following concepts:
PLG: 420 Debtor/Creditor Law
1. Common and Statutory Law Security Devices and Limitations
Discussion and review of the Following Concepts
a. Cognovit
b. Till Tap
c. Attorney Lien
d. Confession of Judgment
e. Agister Lien
f. Mechanics Lien
g. Due Process Concerns
h. Other Statutory and Common Law Possessory Liens
i. Fair Debt Collection Practices Act
j. Ethics
k. Fraudulent Conveyance: UFCA and UFTA
l. Equitable and Legal Remedies
m. Voluntary Liens
n. Involuntary Liens
o. General Liens
p. Specific Liens
q. Other Statutory and Common Law Non-Possessory Liens
r. Usury and Limitations posed
s. Statute of Frauds
t. Statute of Limitations on Collection
u. Basic Contract Principles
v. Secured versus unsecured transactions
w. Collateral
x. Real Property
y. Personal Property- Chattel/Intangible and Tangible
z. Promissory Note
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces each of the above basic concepts to the student and provides the student with an introduction to debtor versus creditor rights and discusses over-riding due process concerns and statutory limitations on collection. This summary provides as a general guide to the more detailed work and lectures which follow throughout the semester.
2. Introduction to the Uniform Commercial Code
a. Article 1
b. Article 9
c. Bulk Sales
d. Montana version of the UCC and Secured Transactions
e. Self help/Breach of Peace
f. Requirements for Security Agreement/Attachment
g. Financing Statement/Perfection
h. Where to Record/Secretary of State
i. Priority of liens
j. Titled Property
k. Fixture filings
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the pertinent sections of the Uniform Commercial Code to the Student. The focus is on Article One Terminology and the requirements for filing, attachment and perfection of liens. The concept of first in time liens as well as super priority liens is discussed in depth. The attachment and perfection of lien process is discussed in depth as well as place and location of filing liens for chattel, agricultural and fixture property.
3. Real Property Security Devices
a. Application and requirements for Deed of Trust
b. Application and requirements for Mortgage
c. Where to Record: Clerk and Recorder
d. Promissory Note
e. Rights of Redemption and Power of Sale
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the student to real property security devices and when and how each device applies. The pros and cons of each type of security device are discussed in depth.
4. Statutory Exemptions from Collection
a. Homsetead Filing
b. Personal Effects
c. Automobile
d. Household Furnishings
e. Claim of Exempt property
f. Other exemptions
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the student to pertinent sections of Montana Law and Federal Bankruptcy dealing with Exemptions and how such exemptions are claimed.
5. Secured and Unsecured Debts
a. Promissory Note/unsecured
b. Promissory Note/Secured -Collateral
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the student to the concept of secured and unsecured debts and the remedies each afford. How each item of personal or real property is secured is discussed as well as a discussion of the pros and cons of each method.
6. Collection Devices
a. Judgment Lien
b. IRS tax Lien
c. Garnishment
d. Foreclosure
e. Self Help
f. Article 9 Remedies
g. Writs of Execution
h. Attachment
i. Lis Pendens
j. Other Provisional Remedies
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the student to the various types of creditor collection devices available and then asks the student to apply what has been learned to a common fact scenario. The student is asked to identify which remedy is applicable to a common fact scenario and then provide the steps to be followed and the requirements of each collection devise.
7. Overview of Federal Bankruptcy Law:
a. Chapter 7: Consumer Liquidation
b. Chapter 12: Family Farmer
c Chapter 13: Consumer Reorganization
d. Chapter 11 :Business Reorganization
e. Ethics/State Exemptions
f. Overview of Trustee and Bankruptcy Court
In taped lecture format and in direct interaction with the student via internet and phone link connections, the Professor introduces the pertinent sections of the Federal Bankruptcy Code are discussed. A thorough review of the filing prerequisites for chapter 7, 13, 11 and 12 Bankruptcies are discussed in depth. A great deal of time is spent reviewing the applicable law for each type of Bankruptcy as well as the availability of forms on the internet. The concept of exemptions and cram down in Chapter 13, exemptions, dischargeable debts and non-dischargeable debts, as well as reaffirmation agreements and creditor matrixes are discussed in depth. The concept of bankruptcy is introduced and then applied to a fact scenario to complete and execute a consumer liquidation and reorganization.
8. Student Assignments: Each of the Nine (9) assignments except for the Bankruptcy Petition worth 3% each for a total of 27%of Total Grade. Bankruptcy Petition and Related forms are worth 23% of Total Grade. Assignments listed here are worth 50% of Total Grade. Student will draft each of the assignments below except those listed as Review Only.
a. Promissory Note
b. Security Agreement
c. Demand Letter/Compliance with Fair Debt Collection Practices Act
d. Financing Statement
e. Judgment Lien
f. Writ of Garnishment
g. Exemption filing
h. Review Only on Till tap
i. Mortgage
j. Deed of Trust
k. Chapter 7 Bankruptcy Forms
l. Review Only of Chapter 13 Bankruptcy Plan
m. Review Only of Petition to foreclose
This is a BLACKBOARD course which means that you work at your own pace. This freedom however requires you to stay on task and stay current. DO NOT FALL BEHIND. THERE are thirteen taped lectures on a SINGLE DVD-CD. YOU SHOULD BUY THESE LECTURES FROM THE UGF BOKSTORE. In taped lecture format and in direct interaction with the student via BLACKBOARD, the Professor describes each of the forms provided to the student to draft the above documents. After the thorough discussion of the forms, the student then drafts the assigned forms using a common fact scenario as a guide. The focus is on application of learning by applying the principles learned to produce work product based upon a mock fact scenario.
Written assignments graded on following scale: 10% for spelling; 10% for overall appearance and/or in proper pleading form; 40% for compliance with local law; 40% for content and illustrating that the student can mix the facts with the law to produce the intended result.
Class Evaluation and Grading:
Weekly Assignments 10% of grade
Attendance + Participation 05% of Grade
Written Assignments 50% of Grade
Mid-Term: 15% of Grade
Final Exam: 20% of Grade
Class Goals and Objectives: The Goal of the course is to help the student develop the necessary skills to review a legal issue, correctly ascertain the applicable and relevant facts, and apply the facts to the law to reach an intended result in each aspect of debtor-creditor law. On Exams, the Student will be asked to break down each issue into its component parts and then present the answer in a format that is readily understood by the reader. By the end of the semester, the student should have a basic knowledge of the necessary pleadings, forms, exemptions and state and federal law that guide collections, title nine and bankruptcy law.
Attendance and Participation:
Five (5%) of grade is based upon attending class and Posting on the Discussion Board.
LATE WORK WLLL ONLY BE ACCEPTED WITH THE PERMISSION OF PROFESSOR. ALL LATE WORK IS SUBJECT TO A ONE FULL POINT GRADE LOSS AT THE DISCRETION OF PREOFESSOR.
Assessment: This Class is being assessed to determine the effectiveness of teaching and to ensure that the proper skill levels are being maintained at the assigned times. The goal is to have each student review a legal problem and then find the law and then apply the law to reach a conclusion and then present the answer in the form easily understood by the reader. The student’s work will be assessed against a master memo drafted by a licensed attorney using the same fact scenario. The Student will then consult with instructor on areas of improvement if any.