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.
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
- Exemptions by Debtor
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