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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

1. LOCATING ASSETS BEFORE AND AFTER THE JUDGMENT
   9:00 - 10:00, Phillip Kirk
   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, Phillip Kirk
   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, Phillip Kirk
   1. Conflicts of Interest
   2. Dealing With Unrepresented Persons
   3. The Extent of Lawyer Liability
4. HANDLING POST-JUDGMENT LEGAL CONCERNS
   1:15 - 2:15, Phillip Kirk
   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
   2:30 - 3:30, Phillip Kirk
   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, James D. Nave
   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

PHILLIP KIRK is a sole practitioner located in Nashville, Tennessee, where his practice involves primarily the filing of mechanics' and material men's liens, and related collection work on behalf of contractors and suppliers. He has been in practice for more than 25 years and advises numerous construction and trade organizations concerning methods and procedures for protecting their interests prior to, during and after payment disputes arise. Mr. Kirk earned his J.D. degree from the Nashville School of Law. He is a member of the Nashville Area Plumbing and Mechanical Association, the Plumbing, Heating, Cooling Contractors Association and the Greater Nashville Area Roofing Contractors Association.

JAMES D. NAVE is an attorney in Nashville, where his main area of practice is bankruptcy law. He is a frequent lecturer for various professional groups on creditors'/debtors' rights, collections issues and bankruptcy law. Mr. Nave is a board-certified consumer bankruptcy specialist, Tennessee Commission of Continuing Legal Education and Specialization, and American Board of Certification. He earned both his B.A., magna cum laude, and J.D. degrees from Washington and Lee University. Mr. Nave is a member of the Nashville, (member, Bankruptcy Law Section) Tennessee and Federal 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