Secured Credit is a key class for many types of students. It's essential for student heading into transactional careers or those in litigation in commercial law. It is also crucial for litigators, including public-interest attorneys, who win cases and want their clients to actually collect the money they've won. It is important for other students as well because credit is one of the major systems underlying the U.S. and global economies. Top legal professionals - as Texas Law graduates will be - must have a familiarity with it. This course covers a breadth of credit systems: consumer, business, secured, and unsecured – with a significant emphasis on commercial secured lending. This course also covers a fundamental question not addressed elsewhere in law school curriculum: once you win that big court case, how do you collect money from the other side? (Or, once you lose that big court case, how do you avoid paying?) Students will engage with real-world-based problems, financial current events, and practical strategies for addressing financial problems in consumer, small business and corporate contexts. The course's primary body of law is Article 9 of the Uniform Commercial Code, but it also touches on bankruptcy topics and real estate law.
A secured loan is one in which the debtor and lender agree that if the debtor does not pay, the lender can take specific items of property from the debtor. This property is called collateral, and the lender is said to have a security interest in the collateral. The collateral may be tangible property such as inventory, equipment, and consumer goods, or intangible property such as stocks and bonds or the debtor's right to collect from people who owe money to her. This Secured Credit course examines how secured transactions are structured and why they are structured that way. It covers the mechanics of making secured loans, the rules that govern repossessing the collateral if the debtor doesn't pay, and what can happen to security interests if the debtor goes bankrupt. It also examines the priority rules that rank competing claims to the same collateral. Through the problem method, students will learn skills that can be applied to a variety of statutes in law school and many types of legal careers.
Textbooks ( * denotes required )
Secured Transactions: A Systems Approach
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Lynn M. Lopucki, Elizabeth Warren, Robert M. Lawless, Pamela Foohey
Littwin, Angela K. 