Collecting From Trusts and Business Entities Seminar
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Who should attend Collecting From Trusts and Business Entities
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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training seminar Collecting From Trusts and Business Entities
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
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
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.
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.
Personal Guarantees
Finance Statements
Security Interests, Liens and UCC Article
Security Interests and Liens on Assets
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.
Major Factors to Consider
Formation and Governance Formalities
Individual Control
Personal Use
Typical Statutory and Precedent Factors
Discovering the Entity and Ownership Structure of the Business
Public Records
Ownership of Membership or Stock Information
Financial Information
Online Presence
Licensing and Industry Regulation
Assets Locating
Corporate Standing at the Time the Debt was Incurred
Fraudulent Transfers
Preferential Transfers
Charging Orders – Getting and Defending Against Them
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.
Workout Plans
The Stipulation of Settlement, Consent Agreements, Confessions of Judgment
Post Judgment Discovery and Execution
AFTERNOON SESSION – COLLECTING FROM A TRUST
Trust Structure and Common Protections 1:00 - 1:45, Written by Michael A. Cisneros. Presented by Michael A. Cisneros and Thomas E. McCurnin.
Common Types of Trusts to Protect Assets
Domestic vs. Offshore Differences
Most Powerful Provisions
Structural Variations Depending on the Nature of Assets Protected and Main Goal
Laws and Regulations Governing Trustees
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.
Proving the Grantor/Beneficiary Retained Control of Trust Assets
Demonstrating Lack of Formal Documentation in Creating the Trust
Close Relationship Between Appointed Trustee and Settlor
Absentee/Negligent/Overly Permissive Trustee
Others
Collection Tactics and Procedure 2:45 - 3:45, Written by Michael A. Cisneros. Presented by Michael A. Cisneros and Thomas E. McCurnin.
Obtaining Disclosure
Jurisdiction Considerations
Fraudulent Transfer Remedies
Action Against Trustees, Aiders and Abettors
Special Considerations in Collecting From a Bankrupt Business
Settlement Considerations and Judgment Collection 3:45 - 4:30, Written by Thomas E. McCurnin. Presented by Michael A. Cisneros and Thomas E. McCurnin.
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