University of New Hampshire

School of Law

Consumer Law & Bankruptcy

The first half of the course will introduce students to major consumer protection doctrines, such as Unfair Trade Practice Acts, Federal Truth in Lending, Fair Debt Collection Practices Acts, Fair Credit Reporting, as well as important procedural devices for enforcing these protections, such as federal and bankruptcy court actions, class actions, arbitration, private rights of action, private attorney general actions, as well as Chapters 7 & 13 of the federal Bankruptcy Code. With the emphasis on federal and state statutes, principles of statutory construction will be covered in some depth. We will also focus on theory building, case analysis and preparation and writing of effective court pleadings.

The second half of the course is devoted to the study of consumer bankruptcy, specifically chapters 7 and 13 of the Bankruptcy Code. We will cover all major aspects of the bankruptcy law. Students will learn how to complete the bankruptcy petition, using a commercial bankruptcy preparation software. They will also learn how to draft a Chapter 13 plan using the forms required in the New Hampshire Bankruptcy Court.

Most class exercises will be based upon real cases which have been handled by the Consumer and Commercial Law Clinic, suitably redacted to preserve client confidentiality.

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