Edward Janger

David M. Barse Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
(718) 780-7995 |  Email  | CV
Areas of Expertise
Bankruptcy Law
Business Law
Commercial Transactions
Education
B.A., Yale College
J.D., University of Chicago Law School

Bankruptcy and Commercial Law Advanced Topics Seminar

Prerequisite: Recommended but not required Debtor and Creditor Rights or Commercial Transactions: Secured Transactions

This course is designed to give students with an interest in bankruptcy or commercial law an opportunity to engage with the current academic and policy debates surrounding bankruptcy law, commercial law and consumer credit.

Representative topics include: the efficiency of secured credit and asset securitization, forum choice and forum shopping in international bankruptcy, the public choice of international and domestic commercial law harmonization efforts, consumer decisionmaking and consumer credit, the role of gatekeepers in credit markets.

Grading and Method of Evaluation

Letter grade with pass/fail option. Students will be expected to comment on scholarly presentations and to prepare their own independent research paper which may be used to satisfy the Upperclass Writing Requirement.

Business Reorganizations

Prerequisite: Debtors' and Creditors' Rights Recommended: Corporations prior to or concurrently

This course concentrates on Chapter 11 of the Bankruptcy Code, dealing with business reorganizations. The course follows a hypothetical Chapter 11 case from commencement to confirmation. The shifting and competing interests of parties to Chapter 11 cases are identified and explored. Students are taught both the techniques and strategies of Chapter 11 practice, as well as the history and philosophy of business rehabilitation.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Commercial Paper and Banking

This course consists principally of a study of Articles 3 and 4 of the Uniform Commercial Code. The concepts of negotiability; holders in due course and defenses; the liability and relationship of the parties to notes, checks and other drafts; and the deposit and collection of checks are studied.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Contracts

This course is concerned with the law governing private agreements. The course deals with how contracts are formed; which contracts are valid and enforceable; what constitutes breach of a contract; and what remedies are available when a contract has been breached. Issues relating to the interpretation of contract language, the role of contracts in a market economy, and the policing of unfair bargains are also explored.

Grading and Method of Evaluation

Letter grade only. Final exam.

Debtors' and Creditors' Rights

This course is an introduction to the law of bankruptcy. It explores the relief available to individual and business debtors in financial distress as well as the remedies available to creditors. The focus is on the federal Bankruptcy Code and state laws governing the enforcement of judgments. Among the topics that may be covered: who is eligible for bankruptcy relief; the nature and scope of the bankruptcy discharge; what property may be claimed as exempt; priorities among creditors; interplay of bankruptcy and non- bankruptcy laws; the role and powers of bankruptcy judges and bankruptcy trustees.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

International Bankruptcy

Pre-requisite: Debtor/Creditor Rights or permission of instructor

Bankruptcy and insolvency laws are essential components of a market economy. They enable entrepreneurs to take business risks, and provide a mechanism for treating creditors and other parties fairly in the event that a venture fails. As cross-border business activity has increased, so has the need to deal with cross-border business failures. This course surveys the issues that may arise when an enterprise that has operations, assets, employees, and creditors in more than one country becomes financially distressed. The course begins with an introduction to some basic international law concepts, including comity and choice of law, followed by an introduction to some fundamental principles of bankruptcy law and policy. The course will then turn to the issues that parties and courts have encountered in administering bankruptcies across national lines. Finally, the course will examine a number of ongoing international efforts to harmonize the laws that govern domestic and cross-border insolvency cases, including new Chapter 15 of the United States Bankruptcy Code, the EU Regulation on Insolvency Proceedings, and the UNCITRAL Legislative Guide on Insolvency.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam or take-home exam.

Sales and e-Commerce

This course begins with an in depth study of the sale of goods under Article 2 of the Uniform Commercial Code. Topics covered will include the statute of frauds; warranties of the seller; performance of the contract of sale; risk of loss; remedies of the buyer and seller. The course will then explore how modern technologies for contracting, payment and information gathering, have changed the sales landscape. Topics will include the role of assent in click-wrap and browse-wrap consumer contracts; the evolution of payment technology from checks to bitcoins, and privacy and data security in the era of big data.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final Exam.

Sales and Secured Transactions

This course consists principally of a study of Articles 2, 7 and 9 of the Uniform Commercial Code governing the sale of goods including statute of frauds; warranties of the seller; performance of the contract of sale; risk of loss; remedies of the buyer and seller; security interests in personal property; the creation, perfection and priority of such security interests and the enforcement thereof. Students may elect either this course or the more detailed separate courses in Commercial Transactions: Sales and/or Commercial Transactions: Secured Transactions.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Secured Transactions

This course examines the rules governing transactions in which personal property is used as collateral to secure an obligation. This body of law, which applies to transactions as commonplace as an automobile loan and as commercially sophisticated as the multimillion dollar securitization of receivables, addresses not only the rights of the debtor and creditor but also the rights of third parties that may have an interest in the collateral. The primary source of authority is Article 9 of the Uniform Commercial Code, but the United States Bankruptcy Code is also utilized when applicable. Students electing this course may not enroll in the combined course of Commercial Transactions: Sales and Secured Transactions.

Grading and Method of Evaluation

Letter grade only. Final exam.