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Who should attend Issues In Commercial Collections: Including Recent Changes To The Bankruptcy Code
This one-day seminar is designed for collections and credit managers, attorneys, controllers, vice presidents, CFOs, accountants and loan officers.
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Issues In Commercial Collections: Including Recent Changes To The Bankruptcy Code  

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

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Seminar Summary:

This seminar will cover such topics as strategies to minimize time between initiating suit and judgment, documentation steps that can expedite later litigation, collections from third parties, and more. (see full course description)

 
 

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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

Seminar Summary:

This seminar will cover such topics as strategies to minimize time between initiating suit and judgment, documentation steps that can expedite later litigation, collections from third parties, and more. (see full course description)

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