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| From Event: Nuts and Bolts of Collection Law, held December 2010.
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Program Description
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Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don't rush in unprepared. Maximize your chances for recovery with these practical steps. Order today!
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Course Content
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- The Fair Debt Collection Practices Act (FDCPA) and State Collection Laws
- How to Find Debtors and Their Assets
- Obtaining a Judgment: A Procedural Guide
- Collecting a Judgment: A Procedural Guide
- Creditors' Rights When a Debtor Files Bankruptcy
- Ethical Issues in Collection
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Continuing Education Credits:
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Continuing Legal Education Credit Hrs State Credit Approval Expiration
* denotes specialty credits
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Agenda / Content Covered:
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- THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) AND STATE COLLECTION LAWS
9:00 - 10:00, Richard A. Slottee - Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Demand Letters: Pitfalls to Avoid
- Liability and Defenses
- State Collection Laws and Their Application/Preemption
- HOW TO FIND DEBTORS AND THEIR ASSETS
10:15 - 11:00, John R. Bachofner and Russell D. Garrett - Prejudgment Discovery Methods
- Personal vs. Business Assets
- Replevin/Self-Help Repossession Considerations
- OBTAINING A JUDGMENT: A PROCEDURAL GUIDE
11:00 - 12:00, John R. Bachofner and Russell D. Garrett - Filing the Lawsuit
- Service of Process
- Affirmative Defenses and Counterclaims
- Judgments (Default, Summary, etc.)
- COLLECTING A JUDGMENT: A PROCEDURAL GUIDE
1:00 - 2:15, John R. Bachofner and Russell D. Garrett - Post-Judgment Discovery
- Judgment Liens
- Wage and Bank Account Garnishment
- Attachments
- Writ of Execution/Seize and Sale by Sheriff
- Charging Orders
- Debtor Slow-Pay Motions
- Turnover/Receivership
- Exemptions by Debtors
- Dealing With Fraudulent Transfers
- CREDITORS' RIGHTS WHEN A DEBTOR FILES BANKRUPTCY
2:30 - 3:30, John R. Bachofner and Russell D. Garrett - 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
- ETHICAL ISSUES IN COLLECTION
3:30 - 4:30, John R. Bachofner and Russell D. Garrett - Communication With Clients and Other Parties
- Disclosure Issues
- Aggressive Collection Practices
- Unauthorized Practice of Law
- Reporting Professional Misconduct
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JOHN R. BACHOFNER is a shareholder in the Vancouver office of Bullivant Houser Bailey PC, with offices in Oregon, Washington, California and Nevada. He practices in the areas of Oregon and Washington business litigation, bankruptcy, creditors' rights and insurance coverage. Mr. Bachofner is an author and lecturer at seminars, insurance and bar-sponsored events on topics relating to his areas of practice. He is a member of the Oregon State Bar, the Washington State Bar Association and the Multnomah County and Clark County bar associations. Mr. Bachofner earned his B.A. degree from Pacific Lutheran University and his J.D. degree, cum laude, from the University of Puget Sound School of Law. RUSSELL D. GARRETT is a shareholder with Bullivant Houser Bailey PC's, Vancouver, Washington office. His practice focuses on creditors' rights, bankruptcy, commercial and bankruptcy litigation and real estate matters. Mr. Garrett is admitted to practice in Oregon, Washington, the Federal district bars in Oregon and Washington, the U.S. Court of Appeals for the Ninth Circuit Court and the Supreme Court of the United States. He represents creditors and bankruptcy trustees and also serves as a Chapter 7 panel trustee for the Western District of Washington. Mr. Garrett speaks and trains others on practice issues relating to creditors' rights, bankruptcy and insolvency matters in Oregon and Washington. He has written many articles relating to creditor issues. Mr. Garrett has served on the executive committees for both the Washington Bar Debtor-Creditor Section and The Oregon State Bar Debtor-Creditor Section, and serves as a delegate to the Oregon State Bar House of Delegates. He earned his B.S. degree from the University of Oregon and his J.D. degree from Willamette University College of Law, where he served as a member of the Law Review. RICHARD A. SLOTTEE is a professor and the director of the Lewis and Clark Legal Clinic of Northwestern School of Law in Portland, a teaching clinic for the law school, where students assist in the representation of low-income individuals in a variety of areas. Mr. Slottee teaches a consumer law class and is a frequent speaker on consumer law issues including the FDCPA. He earned both his B.S. and J.D. degrees from the University of Oregon.
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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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ACCREDITATION DETAILS:
Continuing Legal Education
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OR
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CLE:
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6.50
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Credit Approval Exp 12/14/2012
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NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 5.5 hours of general self-study continuing legal education credit and 1.0 hour of ethical considerations credit.
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WA
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CLE:
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6.00
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Credit Approval Exp 12/14/2012
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This program may qualify for up to 6.0 hours of Washington continuing legal education self-study credit, which includes 1.0 hour of ethics.
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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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