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Collection Law and Bankruptcy Law  

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This basic level program is designed for attorneys, paralegals and other professionals who would like a procedural walk-through of post-judgment collection strategies and consumer bankruptcy filings.

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Seminar Summary:

Whether you're looking to expand your practice or just understand the fundamentals, this course is a must-attend! (see full course description)

 

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Training Course Syllabus:


Build Your Skills in Both Collection Law and Bankruptcy Law in One Day!

Learn post-judgment collection strategies and bankruptcy filing procedures all at one seminar. You'll spend the morning focusing on the nuts and bolts of collecting a judgment. Then take a practical walk through the procedures and forms for filing Chapter 7 and 13 bankruptcy in the afternoon session. Whether you're looking to expand your practice or just understand the fundamentals, this course is a must-attend!

  • Confidently use garnishments, judgment liens and writs of execution to collect judgments.
  • Gain insider tips for locating debtors and the assets they are trying to hide.
  • Avoid FDCPA violations: recognize what collection activities are prohibited by the Fair Debt Collection Practices Act.
  • Understand how bankruptcy affects the collection process and how to protect the creditor's position by knowing the full extent of their rights.
  • Learn the procedural steps for filing Chapter 7 and 13, so you can begin confidently filing cases for debtors.
  • Discover how the intricacies and exclusions of the means test can sink your Chapter 7 case.
  • Structure a confirmable Chapter 13 plan with tried and true tips from experienced practitioners.
  • Avoid legal missteps by staying up to date on changing legislation and new case law.


COLLECTIONS

The Fair Debt Collection Practices Act (FDCPA)
9:00 - 10:15, Lester F. Smith

  • Scope of the FDCPA
  • Understanding the Actions Permitted or Restricted by the Act
  • The Fair Debt Letters to Use
  • Avoiding Counterclaims
  • Recent Cases Involving FDCPA Compliance

Locating Debtors and Their Assets
10:30 - 11:40, Stephen E. Gardner

  • Skip Tracing: Tools to Find Debtors Quickly and Legally
  • Asset Searches: Sources, Strategies and Limitations
  • Judgment Debtor's Exam: Procedures and Overcoming Obstacles

Collecting the Judgment
11:40 - 12:50, Stephen E. Gardner

  • Writs of Execution, Seize and Sale by Sheriff
  • Judgment Liens on Real Property and Personal Property
  • Garnishments
  • Exemptions by Debtor

BANKRUPTCY

Chapter 7 and 13 Procedures
1:50 - 3:05, Richard Montague

  • Representing the Debtor: The Initial Client Interview
  • Means Testing and Choosing the Right Chapter: 7, 13 or 11?
  • Preparing the Filing: Petition, Schedules and Statements
  • Formulating a Confirmable Chapter 13 Plan: Requirements and Calculations
  • Dismissal and Conversion Issues
  • Representing the Creditor: A Checklist
  • Filing the Proof of Claim
  • Adequate Protection and Relief From the Stay

Recent Developments Affecting Bankruptcy Law
3:20 - 4:30, Richard Montague

Seminar Summary:

Whether you're looking to expand your practice or just understand the fundamentals, this course is a must-attend! (see full course description)

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