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Bankruptcy Lab


Students in this program first spend approximately six weeks studying the practical side of bankruptcy practice. This involves study of the structure, organization, and mission of the U.S. Bankruptcy Court, how to conduct initial conferences, how to prepare the Official Forms, and how exemptions fit into the bankruptcy picture. These weekly meetings are held in the main courtroom of the U. S. Bankruptcy Court in Moscow.

After obtaining a sufficient grounding in the basics of bankruptcy representation, the students obtain practical experience by spending at least a half-day meeting with bankruptcy clients in the supervising attorney’s office in Lewiston. Typically, this involves participation with the attorney in initial conferences and intakes of new cases. The students have the opportunity to participate in additional office practice if they wish. Depending on the needs of clients, students may also research legal issues in bankruptcy and prepare written pleadings in actual cases.

All students also conduct at least one Meeting of Creditors (11 USC 341(a)) in a Chapter 7 case. The Meeting of Creditors is a short conference in the courtroom involving the client and the trustee assigned to the case. Creditors may attend if they wish. The purpose of the meeting is to give the trustee (and any creditors appearing) an opportunity to ask questions concerning the schedules filed in the case.

Finally, toward the end of the term, students represent a client in a court proceeding. Typically, these proceedings include motions to avoid liens under 11 USC 522(f), objections to claims, replies to a trustee’s objection to a claim of exemption, or an objection to a creditor’s motion for stay relase under Section 362. This may be in live court (with the judge present) or in a video hookup. In a video session, the judge is in Boise and the debtor and his or her attorney is in Moscow. The trustee and any creditors involved may be in either place.

Ken  Anderson, Adjunct Faculty
 


 

 
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