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Collecting From Trusts and Business Entities  

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This intermediate level seminar explores the legal strategies of debt collection from trusts and LLCs, and will benefit: Attorneys, Corporate Counsel, Paralegals, Financial Planners, Accountants, Credit and Collection Managers, Accounts Receivable Managers, Controllers

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Seminar Summary:

Open new sources of recovery for your collections efforts. (see full course description)

 

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Training Course Syllabus:


Take Collection Efforts Beyond the Individual Debtor's Accounts

LLCs and trusts have been historically touted by asset protection specialists as impregnable vaults against creditors, but are they as secure as they claim? Find out how improper formation and/or careless execution and abuse can render these wealth preservation tools vulnerable to creditors, and get practical strategies for “piercing the veil.” Open new sources of recovery for your collections efforts – register today!

  • Learn the structure, protections and weaknesses of LLCs, corporations and trusts, so you can successfully pursue them as part of the debtors' assets.
  • Recognize when a trust is being used by the debtor as the personal piggy bank and what evidence demonstrates it most effectively.
  • Review proper incorporation and governance procedure and documentation to recognize what's missing in the business you're targeting.
  • Track fraudulent and preferential transfers to prove failure to maintain an arm's length financial relationship.
  • Find out what action you can take against the absentee trustees and other negligent parties.
  • Explore time-tested and creative settlement tactics shared by experienced attorney faculty.


MORNING SESSION – COLLECTING FROM AN LLC OR CORPORATION

  1. Protective Nature of LLC Structure and Commonly Protected Assets
    9:00 - 9:30, Written by Matthew C. Mickelson. Presented by Matthew C. Mickelson and Leo G. O'Biecunas Jr.
  2. Enhancing Collectability Against Business Entities
    9:30 - 10:15, Written by Leo G. O'Biecunas Jr. Presented by Matthew C. Mickelson and Leo G. O'Biecunas Jr.
    1. Personal Guarantees
    2. Finance Statements
    3. Security Interests, Liens and UCC Article
    4. Security Interests and Liens on Assets
  3. Litigation Strategies – Piercing the LLC/Corporate Veil
    10:30 - 11:15, Written by Matthew C. Mickelson. Presented by Matthew C. Mickelson and Leo G. O'Biecunas Jr.
    1. Major Factors to Consider
      1. Formation and Governance Formalities
      2. Individual Control
      3. Personal Use
      4. Typical Statutory and Precedent Factors
    2. Discovering the Entity and Ownership Structure of the Business
      1. Public Records
      2. Ownership of Membership or Stock Information
      3. Financial Information
      4. Online Presence
      5. Licensing and Industry Regulation
      6. Assets Locating
      7. Corporate Standing at the Time the Debt was Incurred
    3. Fraudulent Transfers
    4. Preferential Transfers
    5. Charging Orders – Getting and Defending Against Them
  4. Settlement Considerations and Judgment Collection
    11:15 - 12:00, Written by Leo G. O'Biecunas Jr. Presented by Matthew C. Mickelson and Leo G. O'Biecunas Jr.
    1. Workout Plans
    2. The Stipulation of Settlement, Consent Agreements, Confessions of Judgment
    3. Post Judgment Discovery and Execution

AFTERNOON SESSION – COLLECTING FROM A TRUST

  1. Trust Structure and Common Protections
    1:00 - 1:45, Written by Michael A. Cisneros. Presented by Michael A. Cisneros and Thomas E. McCurnin.
    1. Common Types of Trusts to Protect Assets
    2. Domestic vs. Offshore Differences
    3. Most Powerful Provisions
    4. Structural Variations Depending on the Nature of Assets Protected and Main Goal
    5. Laws and Regulations Governing Trustees
  2. Loopholes and Errors That Make Collection Possible – Piercing the Trust Veil
    1:45 - 2:30, Written by Thomas E. McCurnin. Presented by Michael A. Cisneros and Thomas E. McCurnin.
    1. Proving the Grantor/Beneficiary Retained Control of Trust Assets
    2. Demonstrating Lack of Formal Documentation in Creating the Trust
    3. Close Relationship Between Appointed Trustee and Settlor
    4. Absentee/Negligent/Overly Permissive Trustee
    5. Others
  3. Collection Tactics and Procedure
    2:45 - 3:45, Written by Michael A. Cisneros. Presented by Michael A. Cisneros and Thomas E. McCurnin.
    1. Obtaining Disclosure
    2. Jurisdiction Considerations
    3. Fraudulent Transfer Remedies
    4. Action Against Trustees, Aiders and Abettors
    5. Special Considerations in Collecting From a Bankrupt Business
  4. Settlement Considerations and Judgment Collection
    3:45 - 4:30, Written by Thomas E. McCurnin. Presented by Michael A. Cisneros and Thomas E. McCurnin.
    1. Workout Plans
    2. The Stipulation of Settlement and Consent Order
    3. Post Judgment Discovery and Execution

Seminar Summary:

Open new sources of recovery for your collections efforts. (see full course description)

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