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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:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. LOCATING ASSETS BEFORE AND AFTER THE JUDGMENT
   9:00 - 10:00, Robert D. Hooks
   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
   10:00 - 10:45, Robert B. Gitlin
   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
   11:00 - 12:00, Robert B. Gitlin
   1. Conflicts of Interest
   2. Dealing with Unrepresented Persons
   3. The Extent of Lawyer Liability
4. HANDLING POST-JUDGMENT LEGAL CONCERNS
   1:00 - 2:00, Steven B. Levitsky
   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
   2:00 - 3:15, Robert D. Hooks
   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
   3:30 - 4:30, Steven B. Levitsky
   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

ROBERT B. GITLIN practices in the areas of consumer and commercial collections, foreclosure and real estate in Rochester, New York. He is a past lecturer for the New York State Bar Association on foreclosures practice. Mr. Gitlin is a current member of the New York State Bar Association on foreclosures practice. He is a current member of the New York State Bar Association (Real Property Section), the Monroe County Bar Association (Real Property Section), past chairman of the Monroe County Professional Performance Committee and a past member of the Fourth Department Grievance Committee. Mr. Gitlin earned his B.A. degree from Case Western University and his J.D. Degree from St. Louis University Law School.

ROBERT D. HOOKS is a partner in the commercial law department of the Rochester law firm of Woods Oviatt Gilman LLP. His areas of practice include commercial collections, consumer collections, construction law, contract litigation, real estate litigation and appellate practice. Mr. Hooks has previously spoken for National Business Institute on evictions, landlord/tenant law, commercial collections, and on the FDCPA, and to various business and professional groups on topics relating to his areas of practice. He is a member of the Monroe County and the New York State bar associations. Mr. Hooks earned his B.A. degree from Harpur College and his J.D. degree from Albany Law School of Union University.

STEVEN B. LEVITSKY is a partner in the Rochester law firm of Handelman, Witkowicz & Levitsky, where he practices in the areas of civil litigation, collections, family law and bankruptcy. He has spoken numerous times in the area of bankruptcy and family law for the Monroe County Bar Association and National Business Institute. Mr. Levitsky earned his B.A. degree, magna cum laude, from the State University of New York College at Geneseo and his J.D. degree from the State University of New York at Buffalo. He is a member of the Monroe County (past president, current executive council member; Family Law Section; member, Professional Performance Committee and Bankruptcy Section) and New York State bar associations.

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