Training Course
Syllabus:
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.
Seminar highlights:
- 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
Learning objectives:
- 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
A. Federal
B. State
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
C. Service
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.
Break
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
E. Receiverships
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
Should Know
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
4. Plans
5. Discharge
2:30 p.m. - 2:40 p.m.
Break
2:40 p.m. - 3:20 p.m.
VI. Avoiding Fraud – And Collecting When
You Don't
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
Matter
A. Fee Arrangements
B. Individual Qualities To Look For
C. Areas Of Knowledge
D. Communications And References
E. Support Staff
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