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| From Event: Collection Law From Start to Finish, held August 2011.
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Program Description
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Even though they have tried multiple collection efforts, your clients still haven't been paid a debt they're owed. That's when they turn to you for help. However, debt collection today is nothing like it was in the past, and smart professionals know they tread a fine line. How can you get the money owed, while staying in compliance with the Fair Debt Collection Practices Act? We know – and can show you how. Order today!
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Course Content
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- Pre-Suit Collection Strategies
- The Fair Debt Collection Practices Act
- Filing the Lawsuit - Developing Definitive Strategies
- Collecting the Judgment
- The Impact of Bankruptcy on Collections
- Avoiding Ethical Tangles in Collections
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- PRE-SUIT COLLECTION STRATEGIES
9:00 - 10:00, David C. Farmer - How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
- THE FAIR DEBT COLLECTION PRACTICES ACT
10:15 - 11:15, David C. Farmer - Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
11:15 - 12:15, David C. Farmer - Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- COLLECTING THE JUDGMENT
1:15 - 2:15, David C. Farmer - Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
- Wage Garnishment
- Attachments
- Exemptions by Debtor
- Fraudulent Conveyances
- THE IMPACT OF BANKRUPTCY ON COLLECTIONS
2:15 - 3:15, Elizabeth A. Kane - Steps to Take When a Debtor Files Bankruptcy
- Chapter 7 – Liquidation, Automatic Stay, Dischargeability
- Chapter 13 – Reorganization, Automatic Stay, Dischargeability
- Means Testing and "Abusive Filing"
- Exemption Planning
- 707(a) and 707(b) Dismissal
- AVOIDING ETHICAL TANGLES IN COLLECTIONS
3:30 – 4:30, Elizabeth A. Kane - Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
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DAVID C. FARMER earned his bachelor's and master's degrees from the University of Hawaii at Manoa in 1970 and 1973 and law degree from the William S. Richardson School of Law in 1985. He practices primarily in the areas of commercial litigation and bankruptcy. He has been the sole member of David C. Farmer, Attorney at Law, LLLC since 2002 and was previously an associate and partner with Case & Lynch, a partner with Lynch & Farmer, counsel with Ashford & Wriston, and an associate with Wagner Watson & DiBianco. Mr. Farmer has been a member of the American Bar Association (litigation and business sections) since 1982, and the Hawaii State Bar Association since 1983. He serves on the Board of Bar Examiners and the HSBA Publications Committee and has been an editor and contributing author to the Hawaii Bar Journal since 1991. Mr. Farmer has served as the president and a director of the Bankruptcy Law Section, treasurer and director of the Collection Law Section, and a member of the CLE Committee. He is also a member of the American Bankruptcy Institute. Mr. Farmer has taught secured transactions, debtor-creditor rights, and business reorganization in bankruptcy from 1998 through 2005 at the William S. Richardson School of Law as a visiting assistant professor and adjunct professor. Mr. Farmer currently serves as a Chapter 7 panel trustee for the Hawaii Bankruptcy Court. Selected seminars and manuals include contributions to Hawaii Collections Law Seminar and Hawaii Collections Manual (editor-in-chief and author; HICLE, 1997; HSBA, 2002, 2006); Bankruptcy Exemption Manual (West's Bankruptcy Series, 2005 - 2010 eds.); Revised UCC Article 9 Secured Transactions: What Hawaii Practitioners Need to Know (NBI, July 2005); How to Successfully Collect on Judgments in Hawaii (NBI, May 2005, 2006); Hawaii Foreclosure and Related Bankruptcy and Title Issues (NBI, 2001 and 2002); Advanced Consumer Bankruptcy Issues in Hawaii (NBI, 1998, 2000, 2003); The Impact of Bankruptcy on Dissolution of Marriage (NBI, 1996, 1998); Fundamentals of Bankruptcy Law and Procedure in Hawaii (NBI, 1996, 1997, 1999, 2001); (NBI 1995); and Advanced Collections and the Bankruptcy Process in Hawaii (NBI, 1994). ELIZABETH A. KANE is a sole practitioner in Honolulu, where her practice is concentrated in the areas of bankruptcy law, creditors' rights and commercial litigation. She earned her B.A. degree from James Madison University and her J.D. degree from Boalt Hall School of Law, University of California at Berkeley. Ms. Kane has previously lectured on her areas of practice. She is a member of the Hawaii State (member, Bankruptcy Section) and American bar associations and the State Bar of Arizona.
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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
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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