No one will deny it: collections is a tough business. As a professional in the field, you require effective, practical measures to accomplish your objectives with maximum effect and minimum stress.
Our faculty will provide you with an overview of current collection law procedures and litigation strategies, and they will explore special issues commonly encountered in debt collections in Illinois, including collection planning when setting up a business and implementing a successful in-house collection system.
The program will focus on considerations before filing a law suit and also on the growing impact of bankruptcy on the collection process. The seminar also will provide participants with knowledge about how in-house collection efforts can mesh effectively with litigation strategy to produce maximum results.
We have selected the faculty based upon their demonstrated success handling the legal and procedural issues surrounding this topic.
- Creditor remedies under amended Bankruptcy Code
- Getting your money
- Fair Debt Collection Practices Act
- The attendee will be able to discuss proofs of claim.
- The attendee will be able to identify skiptracing tools and techniques.
- The attendee will be able to review basic requirements of the FDCPA.
8:30 a.m. - 10:15 a.m.
I. Fair Debt Collection Practices Act
A. Overview Of FDCPA Who Is Covered?
B. Basic Requirements Of The FDCPA
C. Application Of The FDCPA To Commercial Debt
D. FDCPA Lawsuits And Damages
E. Methods Of Minimizing Exposure And Liability
F. Recent Developments, Including The 'FACT' Act
10:15 a.m. - 10:25 a.m.
10:25 a.m. - 12:00 p.m.
II. Getting Your Money
A. Skiptracing Tools And Techniques
B. Docketing Federal Judgments In State Court
C. Domesticating Foreign Judgments
D. Citations To Discover Assets
E. Garnishments Bank Accounts And Wages
F. Personal Property Seizure
G. Judgment Liens On Real Estate
H. Debtor's Exemption From Collection
I. Recovering Property Repossession/Replevin
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 4:30 p.m. (Break 2:45 p.m. - 2:55 p.m.)
III. Creditor Remedies Under The Amended Bankruptcy Code
A. Proofs Of Claim
1. The Benefits Of Allowance
B. Motions For Relief From Automatic Stay
1. The Scope Of The Automatic Stay
2. Obtaining Relief
C. Force Compliance With The Law
1. Techniques For Enforcing A Debtor To Comply With Obligations Under The Code
D. Objections To Exemptions
1. Implications Of Exemptions
2. Timetable For Objecting
3. Procedure For Objecting
E. Complaints Objecting To Discharge/Dischargeability
1. Scope Of Relief
2. Benefit To A Creditor
3. Procedure For Prosecuting A Complaint
4. Litigating A Complaint
F. Motions To Dismiss Or Convert
1. Techniques For Challenging A Debtor's Rights To A Chapter 7 Discharge
2. Putting The 'Means Test' To The Test
G. Motions For The Appointment Of Trustee Or An Examiner
1. Benefit Of Obtaining The Appointment Of A Trustee Or Examiner
2. Grounds For The Appointment Of A Trustee Or Examiner
3. Procedure For Seeking The Appointment Of A Trustee Or Examiner
4. Litigating The Appointment
H. Proposing A Competing Chapter 11 Plan
1. A Creditor's Right To Challenge The Debtor's Plan
2. A Creditor's Right To Propose A Creditor's Plan
I. Preferences, Fraudulent Transfers And Setoffs
1. Defending Against A Payment Being A Preference
2. Defending A Preference Complaint
J. Involuntary Bankruptcy
1. Efficacy Of Obtaining An Order For Involuntary Relief
2. How To Prosecute A Petition For Involuntary Relief