THE UNIVERSITY OF TOLEDO COLLEGE OF HEALTH SOCIAL JUSTICE & HUMAN SERVICE PARALEGAL STUDIES PROGRAM

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1 THE UNIVERSITY OF TOLEDO COLLEGE OF HEALTH SOCIAL JUSTICE & HUMAN SERVICE PARALEGAL STUDIES PROGRAM LGL:3050:001- BANKRUPTCY PRACTICES & CONSUMER APPLICATIONS SYLLABUS (FALL 2015) Course Information Instructor: Mollie Hojnicki Phone: or Office Hours: By appointment Course Overview (QM 1.2) This course provides students an opportunity to review, analysize and apply consumer applications and bankruptcy statues. Students will become familiar and form a basic knowledge of stuatory forms and procedures governing financial hardships. Students will also become familiar with the ethical issues that are frequent when dealing with individuals with financial hardship. Teaching Methods and Strategies (QM 1.2) This face to face course is designed to stimulate student learning through a variety of on-site instructor approaches, including, lectures, class participation, and class projects. Class Section (QM 1.5) The class times are Mondays and Wednesdays from 12:30 p.m. to 1:45 p.m. in room HH Prerequisites (QM 1.5) None Technical Skills (QM 1.6) To suceeding this course, it will be important for students to possess the following technical skills: 1. Create, edit and format word processing documents; 2. Copy, paste and use a URL or web address; 3. Send and receive with attachments; 4. Locate and access information using a web search engine; 5. Locate and access cases and statutes through a legal search provider. Required Text and Materials (QM 4.3 and 4.6) Basic Bankruptcy Law for Paralegals By: Buchbinder, Aspen Publishing COURSE POLICIES/EXPECTATIONS OF CLASSROOM BEHAVIORS 1. Class Communications: (QM 1.3, 5.3, 5.4). All communication to me should be sent Page 1 of 8

2 to the address 2. Class Attendance and Missed Classes: Class attendance is required. I will take attendance at the beginning of each class. If you arrive late, it is your responsibility to make sure I mark you present for that class. The student must be on time for clase and remain until it s completion. The student s attendance and participation will affect his or her grade for the course. The University of Toledo missed classed police is as follows: This policy provides for basic protections and reasonable accommodations for students who miss class with excused absences. Students are expected to attend every class meeting fo courses in which they are registered. Only in specific, unavoidable situations does the University excuse absences from class: 1) personal emergencies, including, but not limited to, illness of student or of a dependent of the student [as defined by the Board of Trustees Policy on Family and Medical Leave], or death in the family; 2) religious observances that prevent the student from attending class; 3) participation in University-sponsored activities, approved by the appropriate University authority, such as intercollegiate athletic competitions, activities approved by academic units, including artistic performances, competitions, activities approved by academic units, including artistic performances, ROTC functions, academic field trips, and special events connected with course work; 4) government-required activities, such as military assignments, jury duty, or court appearances; and 5) any other absence that the professor approves. Students are responsible for complying with the missed class policies of their instructors. Sutdents bear the responsibility of notifying the instructor of a planned absence by one or more of the methods provided by the instructor. In the event or an emergency or an unavoidable short notice of absence, the student must present the instructor with an approved written excuse upon the student s return to class. Approved written excuses will be at the instructor s discretion, including, but not limited to, doctor s notice, funeral programs, etc. It is strongly recommended that the student use two of the three aforementioned methods to insure that the isntructor is properly notified for the planned absence. In the event that the instructor should not receive the student s notification, the student should be prepared to present an alteranntive excuse. It will be at the instructor s discretion to approve or disapprove of the aleternative excuse. Students are responsible for all material covered in classes they misse, even when their absenses are excused as defined above. Students must make arrangements with instructors to complete missed assignments, labs, examinations or other course requirements. In turn, instructors are not to penalize students with excused absences. 3. Class Preparation and Participation: Sthe student s preparfation for each class is critically important to his or her learning experience in this course. The student s preparation for class is also critically important to his or her training for a career where adequate and timely preparation will be expected by courts and employers. Furthermore, the student s adequate preparation for class will enable him or her to make valuable contributions to class discussions and define questions that are raised by the course materials that can then be addressed in class. Therefore, the student s consistent and adequate preparation for class will be considered in the determination of his or her course grade. One semester credit hour will be awarded for a minimum of 750 minutes of formalized instruction that typically requires students to work out of class assignments an average of twice the amount of time as the amount of formalized instruction (1,500 minutes). It is acknoweldged that formalized instruction may take place in a variety of modes. Students will be Page 2 of 8

3 expected to work at out of class assignments on a regular basis which, over the length of the course, would normally average two hours of out of class study for each hour of formal class activity. This out of class studey shall not be counted as part of the classroom hour for credit. 4. Work Product: Each student is responsbile for completing the work assigned. Plagiarism and cheating will be addressed in accordance with the applicable polity of the University of Toledo. Academic Dishonety will not be tolerated. Please read the University s Policy Statement on Academic Dishonesty available at 5. Assignemnts: Completion of all assignements is a course requirement. Unless otherwise instructed, all assignments must be typed a must follow the proper format as acnnounced in class for the particular assignment. As in the practice of law, the student must retain his or her own copy in case something should happen to the original. Students are expected to complete and submit all assignments at the beginning of class on the date assigned as the deadline. Late assisgnments will not be permitted unless arrangeements are discussed and approved well before the required due date. Only a severe emergency constitutes a valid excuse for submitting a late assignment. Problems with downed computers or similar issues are not valid excuses for missing deadlines in the practice of law and they will not be accepted as valid excuses for the submission of late assignments in this course. If a severe emergency that would prevent the timely submission of an assignment should arise, the student must contact the Instructor immediately in order to make alternative arrangements. The Instructor may ask for verification/documentation of the emergency. If the Instructor determines that a valid excuse did exist, the Instructor will set a new deadline for the student and there will be no penalty inf the assignment is submitted before the new deadline. Ask questions as soon as possible by or by phoen if you do not understand an assignment. 6. Cell Phones: Cell phones must be off and out of site during class. Anyone caught using their phone without instructor permission will be asked to leave the class. Inform your instructor in advance if you are a primary caregiver of have a family emergency and need to have your cell phone on during class. 7. Accessibility and Special Needs: Students who qualify for services apporved by the Office of Accessibility are to provide documentation to the Instructor the first week of classes. Students who have accessibiltiy needs should feel free to discuss those needs with the Office of Accessibility and the Instructor in private. A student s accessibility needs will be accomodated in accordance with University policy. Any student requiring accommodation for pruposes of class or assignements must contact the Office of Accessilibity and notify the Instructor by the second class of the semester. Any student wishing to discuss such issues with the Instructor should do so privately before or after class. The UT Learning Enhancement Center provides students with academic assistance and support. The website is located at A full range of additional student services is provided through the Office of Student Services. 8. Statement of Diversity and Inclusion: In concert with the Universtiy of Toledo s values and expectations, the faculty within th ecollege of Social Justice and Human Services upholds the tenets plegedge by the University to respect and value personal uniqueness and differences. Specifically, we will actively participate in the initiatives of the Univeristy to attract and retain diverse facult, staff and students; to challenge stereotypes; and to promote sensitivity toward diversity and foster an enveironment of inclusion in all curricular and extra-curricular activities. All students enrolled in this course will be expected to: Page 3 of 8

4 1. Be considerate of the thoughts and ideas of others; 2. Demonstrate accountability, integtiry and honor in all course-related activities; 3. Promote a collaborative and supportive educational environment; 4. Treat every individual with kidness, dignity, and respect regardless of: - Gender - Race/ethnicity - Religion - Sexual orientation - Impariements/Disabilities - Political views - Other elements of uniqueness Course Objectives (QM 2.1, 2.3, 2.5) Upon Completion of this course, the student will be able to: 1. Demonstrate an understanding of consumer applications, including landlord/tenant law. Consumer Sales Practices Act, Secured Transactions, Lemon Law, Pre and Post Judgment Collection, and how they relate to bankruptcy. 2. Demonstrate an understanding of the different chapters of bankruptcy, how to file each, the requirements to file bankruptcy, and the effect of a bankruptcy filing on consumer applications. 3. Prepare a Chapter 7 Bankruptcy Petition and Schedules, and UCC-1 Financing Statements. 4. How to search for UCC-1 filings on the state database. Tentative Class Schedule/Activities/List of Topics Covered Date Topic Text August 24 th Introduction August 26 st Landlord Tenant Relations R.C August 31 th Consumer Sales Practices Act Research Memo R.C September 2 nd September 7 th Home Solicitations Act Last Day to Drop Class Labor Day - No Class R.C Page 4 of 8

5 September 9 th Secured Transactions R.C ,.102,.108,.109,.201,.203,.301., 307,.308,.309., 501,.503,.504,.506,.509, 510, 513, 515,.516,.519,.520,.521,.526 September 14 th September 16 th September 21 st Secured Transactions Continued Secured Transactions Continued Retail Installment Sales Act R.C September 23 th Fair Debt Collection Practices Continued 15 U.S.C September 28 th Lemon Law R.C September 30 th October 5 th October 7 th October 12 th October 14 th October 19 th October 21 st October 26 th October 28 th Small Loan & Credit Card Law Fall Break - No Classes Pre-Judgment Garnishment and Attachment Post-Judgment Garnishment and Attachment Midterm Exam Bankruptcy - introduction, chapters, definitions Venue, jurisdiction, eligibility, automatic stay Handout Bankruptcy Project Filing a Petition, Ethical Considerations, Clien Confidences/Privileges Research Memo Due No Class R.C Lecture - no assigned reading Pgs. 7-28; Pgs November 2 nd Schedules A, B, C, Estate property and exemptions Page 5 of 8

6 Pgs ; ; ; November 4 th Creditors - Schedules D, E, F - Reaffirmation, Redemption, Surrender (Statement of Intention) Pgs November 9 th Schedules G, H, I, J, Statement of Financial Affairs, Attorney Compensation November 11 th November 17 th Veteran s Day - No Class Means Test Pgs November 16 th Trustee obligations and powers, Creditor s Meetings, Ethical Considerations, Conflict of Interest Pgs November 18 th Adversary proceedings Pgs November 23 rd Work on Bankruptcy Projects in class November 25 th November 30 th December 2 nd Thanksgiving Break - No Class Work on Bankruptcy Projects in class Claims, objection to discharge, discheargeability, distribution December 7 th Chapters 11, 12 and 13 Pgs ; Skim December 9 th December 14 th Final Review Bankruptcy Project Due Final Exam, 12:30 to 2:30 p.m. 9. Assignments: Completion of all assignments is a course requirement. All assignments must be turned in before the student can pass this course. One of the goals of the legal studies program is to prepare students for the realitites of the legal profession. One of these realities is the deadline. In order to accustom the student to meeting deadlines, a penalty may be imposed for late assignments as outlined below. All Assignments, exainations, and in-class work must be completed and submittted as scheduled. Late assignments will be accepted at my sole discretion and only in extraordinary circumstances. 10. Grading Policies (QM 1.4, 3.2, 5.3) Page 6 of 8

7 Grades will be issued on the basis of exam scores and assignments as well as posibile points for class participation and extra credit. Student work will be assessed as follows: specific guidelines, grading criteria, and a timeframe for grandes and feedback will be provided as each assignments is announted. Grades will be determined by the following weighing methods: Item Total Points What you need to do My Grade Legal Research Memorandum 50 points A perfect score is 50. See Grading Rubric. If you dodnot turn in by the date, you earn zero points. Midterm 100 points Exams are closed book and closed notes. You are allowed one 81/2 by 11 sheet of paper with notes, only. Bankruptcy Project 50 points A perfect score is 50. See Grading Rubric. If you do not turn in by the date, you earn zero points. Final Exam 100 points Exams are closed book and closed notes. You are allowed one 81/2 by 11 sheet of paper with notes, only. Students are expected to complete and submit all assignments by the due date listed in the course schedule. Late assignments will not be permitted unless arrangements are discussed and approved well before the required due date or extraordinary circumstances have been approved by the Instructor. Grading Scale A (93%) A- (90%) B+ (87%) B (84%) B- (81%) C+ (78%) C (75%) C- (72%) D+ (69%) D (66%) D- (63%) F 11. Americans with Disabilities Act (QM 7.2, 8.1): The Americans with Disabilities Act (ADA) requires that reasonable accomodations be provided for students with physicial, sensory, cognitive, Page 7 of 8

8 systemic, learning and psychiatric disabilities. In accordance with the ADA and University policy, if you have a documents disability and require accommodations to obtain equal access in this court, please contact the Instructor at the beginning of the semester to discuss any necessary accommodations. Please contact the Office of Accessiblity for verification of eligibility at (voice) or (TDD). If you have a disability or acquire one, you may be entitlted to receive invidivdualized services and/or accommodation intented to assure you an equal opportunity to particiapte in and benefit from the program. To received more information, see me. 12. Learner Support (QM 7.4, 7.4): The University of Toledo ffers a wide range of academic and support services that cane help you succeed: Office of Accessibility: The Office of Accessiblity provides accommodations and support services to students with disabilities. Learn more at: Counseling Center: The Counseling Center is the University s primary facility for personal counseling, psychotherapy and psychological outreach and consultation services. The Counseling Center staff provide counseling (individual and group), mental health and wellness programming, and crisis intervention services to help students cope with the demands of college and to facilitate the develpment of life adjustment strategies. Learn more at : Dropping the Course: If you want to drope the court, you must officially drop the course through the Records Office to receive a WD (withdrawal). Otherwise, you may receive a gratde of F. Remember, just because you have stopped comming to class does not mean that you have officially dropped the course. THIS SYLLABUS IS SUBJECT TO CHANGE Page 8 of 8