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Who should attend Collection Law In California: Including A Discussion Of The Dramatic Changes In Bankruptcy Law
This one-day seminar is designed for attorneys, credit and collections managers, controllers, accountants, presidents, vice presidents, bankers and loan officers.
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Collection Law In California: Including A Discussion Of The Dramatic Changes In Bankruptcy Law  

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This one-day seminar is designed for attorneys, credit and collections managers, controllers, accountants, presidents, vice presidents, bankers and loan officers.

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Seminar Summary:

This seminar will give an overview of the processes and practical problems which must be conquered to develop cost-effective debt collection strategies. (see full course description)

 
 

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Training Course Syllabus:


This seminar gives an overview of the processes and practical problems which must be conquered to develop cost-effective debt collection strategies. It is useful for professionals involved in debt collection.

Seminar highlights:

  • Learning how creditors can benefit from the dramatic changes in bankruptcy law
  • Learning bankruptcy collection strategies
  • Learning about the 'super lien' that most creditors do not know about
  • Learning ways to be awarded attorneys' fees when the contract does not have an attorney fees clause
  • Learning about inexpensive collection procedures and inexpensive skip tracing and asset-searching sources

Learning objectives:

  • The attendee will be able to review and discuss the recent changes in bankruptcy law.
  • The attendee will be able to review and discuss collection strategies inside and outside of bankruptcy.
  • The attendee will be able to describe how to develop comprehensive strategies for common collection problems.

8:30 a.m. - 10:00 a.m.

I. Bankruptcy – How To Collect In Bankruptcy

A. Sources Of Information In Bankruptcy Cases

B. The Cast Of Characters In The Bankruptcy System

C. Chapter 7

D. Chapter 13

E. Chapter 12

F. Chapter 11

1. Chapter 11 Plan For Reorganization

a. Types Of Plans

b. Plan Requirements

c. Confirmation

G. The Automatic Stay And Exceptions

H. Filing A Claim

I. Executory Contracts

J. Relief From Stay Motions And Issues

K. Liquidation Of Assets In Bankruptcy

L. Cash Collateral And Adequate Protection Issues

10:00 a.m. - 10:10 a.m.

Break

10:10 a.m. - 11:00 a.m.

I. Bankruptcy – How To Collect In Bankruptcy (Continued)

M. Cram-Down Of Secured Creditor

N. Other Secured Creditor Issues

O. Dismissal Or Conversion Of The Bankruptcy Case

P. Amendments To The Bankruptcy Code That Impact Business

Q. Unlisted Creditors

R. Preferences

1. Payments/Liens/Judgments

S. Fraudulent Conveyances

T. Involuntary Bankruptcy Petitions

U. Looking At The Law: Bankruptcy Courts Make Many Important Rulings On State Law

11:00 a.m. - 12:00 p.m.

II. Fair Debt Collection Practices Act – Keeping Out Of Harm's Way When Collecting Consumer Accounts Receivables

A. Federal Act

B. State Act

C. Overview Of Regulated Activities

D. Penalties For Violation

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:00 p.m.

III. The Lawsuit – Effective Uses Of The Courts

A. Choice Of Court

1. Pre- Or Post-Judgment Relief Considerations

2. Considerations For Choice Of State Court. Municipal Court: Small Claims, Civil Jurisdiction. Superior Court; Equitable Relief.

3. Federal Court – United States District Court; Jurisdiction, Venue Considerations

B. Time Frame Expectations – From Suit To Execution

C. Collection Of Fees And Expenses

D. Tools To Save On The Expense Of Litigation

1. Inexpensive Skip Tracing And Asset-Searching Sources

2. Inexpensive Collection Procedures

2:00 p.m. - 3:00 p.m.

IV. Pre-Judgment Remedies For Unsecured Creditors – Winning The Creditor's Race

A. Attachment

1. Introduction

2. Property That Can Be Attached

3. Procedure

B. Statutory Liens

1. Producers' Liens

2. Miscellaneous Liens

C. Consensual Liens

3:00 p.m. - 3:10 p.m.

Break

3:10 p.m. - 4:30 p.m.

V. Post-Judgment Remedies – Collect When Others Don't

A. Introduction

B. Execution/Wage Garnishment

C. Receiverships

D. Debtor Examinations And The 'Super Lien'

Seminar Summary:

This seminar will give an overview of the processes and practical problems which must be conquered to develop cost-effective debt collection strategies. (see full course description)

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