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