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Collecting From a Business  

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This intermediate level seminar is designed for: Attorneys, Collections and Loan Officers, Credit Managers, Bankers, Controllers, Presidents/Vice Presidents, CPAs/Accountants, Paralegals


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Seminar Summary:

Our seasoned faculty will teach you how to navigate the commercial collection process, obtain a judgment and collect it. (see full course description)


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Training Course Syllabus:

Learn How to Collect From Businesses and Individuals Liable for Business Debt

According to the Federal Reserve, nonfinancial business debt outstanding is in the trillions - and many of those debts may go unpaid. Don't miss out on this debt! Our seasoned faculty will teach you how to navigate the commercial collection process, obtain a judgment and collect it. You will also find out what tools are at creditors' disposal in certain scenarios, such as when a business debtor files for bankruptcy. Get your clients paid - register today!

  • Get a practical overview of commercial collections and find out how to collect pre-suit.
  • Find out how and when creditors can pierce the LLC or corporate veil to reach personal assets.
  • Learn how to obtain a judgment against a business debtor from the court.
  • Use various resources to uncover nonexempt business and personal assets.
  • Discover how to prevent, identify and seek remedies for fraudulent conveyances.
  • Explore how to collect on the judgment using garnishments, receiverships, levies, liens and other tools.
  • Know the steps creditors need to take to protect their interests when a business files for bankruptcy.
  • Secure payment using personal guarantees, credit applications and other tools.

  1. Collection Process Overview and Pre-Suit Collection Steps
    9:00 - 9:30, Scott A. Lickstein
    1. Collecting Business Debt vs. Consumer Debt
    2. Commercial Collection Process Overview
    3. Pre-Lit Collection: What is vs. is Not Allowed
    4. Determining the Collectability of Business Debt
    5. Investigating a Debtor's Location and Business Assets
    6. Using Demand Letters; Negotiation Tips
    7. Payment Plans and Settlements
  2. Piercing the LLC or Corporate Veil
    9:30 - 10:20, John Caravella
    1. Veil Piercing/Alter Ego Doctrine Explained
    2. LLC and Corporate Structure; Operating Agreements and Bylaws
    3. Elements and Factors Courts Consider
    4. How to Pierce the Veil
    5. Top Business Mistakes That Lead to Piercing
  3. Filing Suit; Obtaining a Judgment Against Business Debtors
    10:35 - 11:25, Scott A. Lickstein
    1. How to Complete the Forms for Filing Suit
    2. The Power of the Account Stated Cause of Action
    3. Best Methods for Service
    4. Obtaining Default Judgment
    5. Business Debtor Defenses
    6. Moving for Summary Judgment
    7. Proving the Debt Claim is Valid
    8. Immediate Post-Judgment Steps and Procedures
  4. Collecting on Judgments Against Business Debtors
    11:25 - 12:15, Kimberly Steele
    1. Collecting From LLCs vs. Corps vs. Partnerships vs. Other Entities
    2. How to Proceed Against Various Asset Types
    3. Execution and Levying on Business Assets
    4. Attaching/Garnishing Business Assets
    5. Using Receiverships
    6. Liens and LLC Charging Orders
    7. Involuntary Bankruptcy
    8. Collecting on Out-of-State Judgments
  5. Business Bankruptcy: Creditor Rights and Procedures
    1:15 - 2:00, Camille W. Hill
    1. Signs That a Business is in Distress
    2. Impact of Bankruptcy on Collecting From a Business
    3. What to do if the Business Files a Bankruptcy Petition
    4. When the Business Files an Assignment for the Benefit of Creditors
    5. Filing a Request for Special Notice and a Proof of Claim
    6. Secured, Unsecured, Post-Petition and Priority Claims
  6. Locating Assets and Handling Fraudulent Transfers
    2:00 - 2:45, Mary Lannon Fangio
    1. Resources and Techniques for Locating Assets
    2. Judgment Debtor Exam/Post-Judgment Discovery
    3. Injunctive Relief/Remedies Against Threatened Transfer of Assets
    4. Spotting Fraudulent Transfers
    5. Remedies Available for Fraudulent Conveyances
    6. Collecting From Transferees and Successors
  7. Using Personal Guarantees and Other Tools to Secure Payment
    3:00 - 3:30, Kimberly Steele
    1. Getting Proper Information (w/Checklist)
    2. Avoiding Improper Execution and Lack of Authority
    3. Credit Policies and Credit Applications
    4. Using Personal Guarantee Agreements
    5. Key Contract Provisions
    6. Security Interests, Liens and How to Perfect a Claim
  8. Legal Ethics
    3:30 - 4:30, John Caravella
    1. Rules of Professional Conduct
    2. Conflicts of Interest
    3. Attorney Fees
    4. Social Media Ethical Issues
    5. Lawyer Liability in Collections

Seminar Summary:

Our seasoned faculty will teach you how to navigate the commercial collection process, obtain a judgment and collect it. (see full course description)

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