Learn from the extensive experience of both panelists in areas of collections and bankruptcy including:
- The basis of a sound strategy in a collection or bankruptcy matter
- Cost benefit analysis of collection litigation, and methods of cost control
- Resources that assist in evaluating collection strategy
- Negotiation strategy in litigation and workouts
Attendees will also review ways to confront and deal with various procedural hurdles in collections and bankruptcies.
- The proper court in which court to bring a matter
- Strategies to minimize time between initiating suit and judgment
- Documentation steps that can expedite later litigation
- Strategies in enforcement of judgments
- Collections from third parties
- The attendee will be able to discuss obtaining judgment.
- The attendee will be able to identify collecting the judgment.
- The attendee will be able to review bankruptcy.
8:30 a.m. - 9:00 a.m.
I. Fair Debt Collection Practice
C. Dealing With Consumers
9:00 a.m. - 10:00 a.m.
II. Obtaining The Judgment
A. Initiating Suit
1. Determining The Amount Of The Claim
2. Choosing The Court
a. State Common Pleas Or District Justice
b. Federal Special Requirements And Advantages
B. Venue Where To Sue
1. The Methods Of Service
a. Legal Effect And Methods
b. Practical Considerations
D. Defenses Handling Disputes And Counterclaims
E. Pleadings And Motions
F. Judgment Following Suit
G. Confession Of Judgment
1. Constitutional Considerations
H. Appeals Bonds
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 11:10 a.m.
III. Collecting The Judgment
A. Locating Assets Through Formal And Informal Means
1. Informal Methods Of Collecting Information
2. Formal Post Judgment Discovery
B. Property Execution Real Property/Personal Property
C. Garnishment Execution
D. Installment Payments
F. Fraudulent Conveyances
G. Shell Or Dissolved Corporations/Shareholder Liability
H. Special Rules For Collecting From Contractors
I. Competing Lien Creditors
11:10 a.m. - 11:30 a.m.
IV. Out Of State Debtors
A. Jurisdiction To Sue In Pennsylvania Debtor Contacts
B. Using Contracts To Avoid Suits In Other States
C. Enforcing Pennsylvania Judgments Out Of State
D. When To Sue Out Of State
11:30 a.m. - 2:30 p.m.
[Lunch (On Your Own) 12:00 p.m. - 1:00 p.m.)]
V. Bankruptcy What Every Collector
A. Understanding Chapters 7,11 And 13
B. When Your Customer Files For Bankruptcy Steps To Protect Your Interest
C. Preferences And Pitfalls With 'Insiders'
D. Guaranties Protect Your Rights To Collect
1. Co-Debtors In Chapter 13
2. Injunctive Actions In Chapter 11
E. Basic Bankruptcy Proceedings/Documentation
1. First Meeting Of Creditors
2. Proof Of Claim Timing
3. Motion To Lift The Stay Adversary Complaints
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:20 p.m.
VI. Avoiding Fraud And Collecting When
A. Warning Signals In Transactions
B. Documentation Execution Requirements
C. Internal Operational Procedures
D. Sources To Consult Before And After
E. Pursuing To The Full Extent Of The Law And Associated Problems
3:20 p.m. - 4:00 p.m.
VII. Recent Changes To Bankruptcy Code
A. Changes To Personal Bankruptcy Law
B. Other Changes Affecting Creditors
4:00 p.m. - 4:30 p.m.
VIII. Engaging Counsel For A Collection
A. Fee Arrangements
B. Individual Qualities To Look For
C. Areas Of Knowledge
D. Communications And References
E. Support Staff