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 – order today!

MORNING SESSION – COLLECTING FROM AN LLC OR CORPORATION

1. Protective Nature of LLC Structure and Commonly Protected Assets
2. Enhancing Collectability Against Business Entities
3. Litigation Strategies – Piercing the LLC/Corporate Veil

AFTERNOON SESSION– COLLECTING FROM INDIVIDUALS

4. Collecting Judgments Against Individual Debtors
5. The Fair Debt Collection Practices Act
6. Ethics
7. The Impact of Bankruptcy on Collections

COLLECTING FROM AN LLC OR CORPORATION

1. Protective Nature of LLC Structure and Commonly Protected Assets
   9:00 - 9:15, Jonathan Raulston
2. Enhancing Collectability Against Business Entities
   9:15 - 10:00, Jonathan Raulston
   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
   10:15 - 11:30, Jonathan Raulston
   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

COLLECTING FROM INDIVIDUALS

4. Collecting Judgments Against Individual Debtors
   11:30 - 12:30, Brent Yarborough
1. Use of Judgment Liens
2. Writs of Execution, Seize and Sale by Sheriff
3. Wage Garnishment
4. Attachments
5. Exemptions by Debtor
5. The Fair Debt Collection Practices Act
   1:30 - 2:30, Brent Yarborough
1. Statutory Background and Preemption
2. Scope of the FDCPA
3. Understanding Actions Permitted or Restricted by the Act
4. Liability and Defenses
6. Ethics
   2:45 - 3:45, W. McCollum Halcomb
1. Eliminating Ethical Problems From Your Practice
2. Zealous Representation or Vexatious Practice
3. Lawyer Liability
4. Attorneys' Fees
7. The Impact of Bankruptcy on Collections
   3:45 - 4:30, W. McCollum Halcomb

W. McCOLLUM HALCOMB is a shareholder with the Birmingham law firm of Halcomb & Wertheim, P.C., where his practice focuses on the representation of creditors in bankruptcy and collections. Mr. Halcomb has been practicing law for 26 years and is certified in creditors' rights law by the Commercial Law League of America. He is a frequent lecturer on bankruptcy, collection law and creditors' rights for National Business Institute, the Alabama State Bar and other groups. Mr. Halcomb is past chair of the Birmingham Bar Association's Bankruptcy and Commercial Law Section and a former vice president of the National Association of Retail Collection Attorneys. He is also a member of the American Bankruptcy Institute, the Commercial Law League of America, the Alabama State Bar and the American Bar Association. Mr. Halcomb earned his B.S. degree from Samford University and his J.D. degree from Cumberland School of Law of Samford University.

JONATHAN RAULSTON practices with the law firm of Engel, Hairston & Johanson, P.C., in Birmingham, Alabama. Mr. Raulston's practice is concentrated in the areas of creditors' rights, bankruptcy, foreclosure, collections and commercial litigation. He received both a B.S. degree in commerce and business administration and a J.D. degree from the University of Alabama. Mr. Raulston is a member of the Alabama State Bar, Birmingham Bar Association, American Bar Association and the Commercial Law League of America.

BRENT YARBOROUGH is an attorney with the Birmingham law firm of Zarzaur & Schwartz, P.C., where he practices in the areas of creditors' rights and collections. Mr. Yarborough earned his B.A. degree, cum laude, at Birmingham-Southern College and his J.D. degree at Cornell University. He is a member of the Alabama State Bar, The Mississippi Bar and the Birmingham Bar Association. Mr. Yarborough serves on the Board of Directors of the National Association of Retail Collection Attorneys (NARCA).

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com