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1. Locating Assets Before and After the Judgment
2. Ensuring Compliance With the Fair Debt Collection Practices Act
3. Averting Potential Ethical Problems in Collections
4. Handling Post-Judgment Legal Concerns
5. Collecting the Judgment – Methods That Work
6. Essential Bankruptcy Issues Impacting Collection Law

Continuing Education Credits:   

* denotes specialty credits

1. LOCATING ASSETS BEFORE AND AFTER THE JUDGMENT
   9:00 - 10:00, Michael J. Moore
   1. Informal Discovery
   2. Identifying Specific Records and Sources of Information
      1. Motor Vehicle Records
      2. Financial Institution Records
      3. Real Estate Records
      4. UCC Records
      5. Credit Bureau Reports
      6. Newspapers
   3. Utilizing Valuable Internet Resources
   4. Using Investigators
   5. Identifying Fraudulent Conveyances of Assets
   6. When to Involve the Court
   7. Using Motions to Complete the Debtor's Compliance With Post-Judgment Discovery Requests
2. ENSURING COMPLIANCE WITH THE FAIR DEBT COLLECTION PRACTICES ACT
   10:15 - 11:15, Martin S. Smith
   1. Background of FDCPA
   2. Who is Subject to the Act
   3. Avoiding Counterclaims
   4. The Fair Debt Letters to Use
   5. Jurisdictional Issues When Suing the Debtor
   6. Strategies to Stay Away From
   7. Recent Cases Involving FDCPA Compliance
3. AVERTING POTENTIAL ETHICAL PROBLEMS IN COLLECTIONS
   11:15 - 12:15, Martin S. Smith
   1. Conflicts of Interest
   2. Dealing With Unrepresented Persons
   3. The Extent of Lawyer Liability
   4. Ethics of using Technology in Collections
4. HANDLING POST-JUDGMENT LEGAL CONCERNS
   1:15 - 2:00, Michael J. Moore
   1. Notice of Entry of Judgment
   2. Stay of Enforcement
   3. Amending a Judgment
   4. Securing the Judgment
   5. Effects on an Appeal
   6. Sample Forms and Documents
5. COLLECTING THE JUDGMENT – METHODS THAT WORK
   2:15 - 3:15, Michael J. Moore
   1. Wage and Bank Garnishments
   2. Property Execution
   3. Installment and Lump Sum Payments
   4. Foreclosures
   5. Dealing With Exemption Claims by the Debtor
   6. Turnover or Assignment Orders
   7. Reaching Reasonable Settlements
   8. Disclosure Hearings
6. ESSENTIAL BANKRUPTCY ISSUES IMPACTING COLLECTION LAW
   3:15 - 4:30, Martin S. Smith
   1. Impact of the 2005 Bankruptcy Reform Legislation
   2. Creditor's Options Under Chapters 7, 11 and 13
   3. Filing of Claims
   4. Seeking Relief From Stay
   5. Avoidance Actions
   6. Mortgages and Liens on Real Property
   7. Sample Documents

MICHAEL J. MOORE is in-house counsel with the Collection Bureau Services Inc. in Missoula. Prior to joining the firm, he handled the Bureau's account in private law practice. He is certified by the Associated Credit Bureaus, Inc., in the areas of the Fair Debt Collection Practices Act and Fair Credit Reporting Act. Mr. Moore earned his B.S. and J.D. degrees from the University of Montana. He has previously lectured on collections topics for various professional and trade groups. He is a member of the State Bar of Montana, the Western Montana Bar Association and the American Collectors Association (member's, Attorney Program). He is the past president of the Montana Collectors Association.

MARTIN S. SMITH is an attorney with the law firm of Felt, Martin, Frazier & Weldon, P.C. Mr. Smith earned his M.B.A. degree, with an emphasis in corporate finance, from the David Eccles School of Business at the University of Utah and his J.D. degree from the S.J. Quinney College of Law at the University of Utah. He worked for Crowley Fleck (then Crowley Haughey Hanson Toole & Dietrich) for one year before joining his current law firm. Mr. Smith advises and represents creditors in bankruptcy and collection matters. In addition, he advises new businesses, banks, and other entities in all manner of corporate and commercial transactions.

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