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| From Event: Advanced Collection Strategies, held November 2011.
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Program Description
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A favorable verdict against a debtor was awarded, but what legal options are available to collect debts post-judgment? Learn advanced techniques for handling the daunting task of execution on judgment! Experienced practitioners will give you the secrets to getting what's owed while complying with strict debtor protection laws. In addition, you'll gain key strategies for defending against collection harassment claims and bankruptcy issues should they arise. Build the right tools to achieve favorable results in debt collection. Order today!
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Course Content
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- Case Law Update
- Post-Judgment Collection: Getting Consumer Debtors to Pay
- Differences Between Commercial and Consumer Collections
- Defending Against the Debt Collection Harassment Claim
- Bankruptcy During Collections
- Ethical Considerations During the Collection Process
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 TX - Credit Approval Expiration 10/31/2012 Legal Specialization - Legal Specialization: 6.00 TX - Credit Approval Expiration 11/03/2012 National Association of Legal Assistants, Inc. - NALA: 6.00 National - Credit Approval Expiration 11/03/2013 National Federation of Paralegal Associations, Inc. - NFPA: 6.00 National - Credit Approval Expiration 10/25/2012 TBLS Paralegal Certification - TBLS Paralegal Certification: 6.00 TX - Credit Approval Expiration 11/03/2013
* denotes specialty credits
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Agenda / Content Covered:
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CASE LAW UPDATE 9:00 - 9:30, Cliff A. Wade POST-JUDGMENT COLLECTION: GETTING CONSUMER DEBTORS TO PAY 9:30 - 10:45, James F. Boyle - Steps to Execute on Judgment
- Secrets to Asset Discovery
- Different Debtor Types and Techniques for Working With Them
- Advanced Asset-Specific Collection Techniques for Consumer Debt
(Includes: Freezing Bank Accounts, Wage Garnishment, Judgment Liens, Writs of Execution, etc.) - Required Forms and Other Documentation
DIFFERENCES BETWEEN COMMERCIAL AND CONSUMER COLLECTIONS 11:00 - 11:30, Cliff A. Wade DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM 11:30 - 12:00 and 1:00 - 1:45, David L. Campbell - Jurisdiction Guidelines and Issues
- Litigation Costs vs. Possible Damages
- Rule 11 Sanctions and Other Effective Defenses and Counterclaims
- Sample Pretrial Orders and Motions
- Key Strategies During Discovery
- Avoiding Incrimination Through Collector Documents and Messages
- Settlement Strategies and Techniques
- Re-Opening Default Judgment
- Powerful Trial Techniques: Convincing the Jury That the Debtor is Not the Victim, Debunking Survey and Expert Evidence, Minimizing Damage Awards and Other Essential Strategies
BANKRUPTCY DURING COLLECTIONS 1:45 - 2:30 and 2:45 - 3:30, Mark A. Castillo - Introduction to Bankruptcy
- Steps to be Taken in the Event of Bankruptcy
- How to Deal With the Automatic Stay
- Protecting Your Claim in Bankruptcy
- Dealing With Avoidance Actions
- Discharge and Dischargeability of Debts
ETHICAL CONSIDERATIONS DURING THE COLLECTION PROCESS 3:30 - 4:30, Mark A. Castillo - Collection Letters
- Misrepresentation
- Intermingling Activities of Collection Agency and Attorney
- Harassment
- Attorneys' Fees
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JAMES F. BOYLE is a partner in the law firm of Hagle & Boyle, P.C., in Grand Prairie, Texas. Mr. Boyle practices in the areas of banks and banking, collections and commercial law. He has been practicing law for close to 25 years. Mr. Boyle earned his B.A. degree from the University of Texas and J.D. degree from Southern Methodist University. DAVID L. CAMPBELL is a partner in the Dallas law firm of McElree & Smith, P.C., where he practices in the areas of bankruptcy, commercial bankruptcy, real estate finance, real estate, creditors' rights and foreclosures. Mr. Campbell has lectured to various professional groups and he has written numerous articles and publications on topics related to areas of his practice. He earned his B.S.Ed. degree from Abilene Christian University, his M.Ed. degree from Texas A & M University-Commerce and his J.D. degree from Texas Tech University, where he was Order of the Coif. Mr. Campbell is a member of the American Bar Association, the State Bar of Texas and the Dallas Bankruptcy Bar Association. MARK A. CASTILLO is an attorney with Curtis | Castillo PC. He has developed a diverse practice with significant experience in all areas of bankruptcy law and litigation. Through representation of numerous Chapter 11 debtors, secured and unsecured creditors, official committees, and Chapter 7 and Chapter 11 trustees, Mr. Castillo has developed a broad knowledge of the law and the bankruptcy code, including pre-bankruptcy planning and prepackaged acquisitions; pre-negotiated reorganizations; bankruptcy liquidation and non-bankruptcy dissolution; assumption, assignment, and rejection of leases and contracts; utility and reclamation issues; claims objections; avoidance and recovery actions; disclosure-statement and plan drafting and negotiation; and various confirmation and post-confirmation issues. He has tried suits involving millions of dollars in bankruptcy-related claims, including turnover, conversion, and contract claims, and has litigated or settled millions more in preference and fraudulent-transfer claims for both plaintiffs and defendants. Mr. Castillo earned his B.A. degree, summa cum laude, from the University of Texas at Dallas and his J.D. degree from the University of Chicago Law School. CLIFF A. WADE is an attorney with SettlePou, where his main areas of practice are business litigation, loan workouts and restructuring, bankruptcy, lender liability, SBA and USDA loans, asset recovery, and financial institution litigation. He is a member of the firm's creditor's rights and commercial litigation practices. Mr. Wade is a member of the Dallas Bar Association (Bankruptcy and Commercial Law Section) and Dallas Association of Young Lawyers. He is admitted to practice before the U.S. Court of Appeals 5th Circuit, Northern, Eastern, Southern, and Western districts of Texas. Mr. Wade earned his B.B.A. degree, cum laude, from Texas Christian University and his J.D. degree, cum laude, from Southern Methodist University School of Law.
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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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TX
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CLE:
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6.00
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Credit Approval Exp 10/31/2012
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This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit.
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Legal Specialization
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TX
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LS:
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6.00
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Credit Approval Exp 11/03/2012
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This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants.
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National Association of Legal Assistants, Inc.
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N
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LA:
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6.00
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Credit Approval Exp 11/03/2013
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This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.
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National Federation of Paralegal Associations, Inc.
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N
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PAR:
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6.00
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Credit Approval Exp 10/25/2012
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This seminar has been approved by The National Federation of Paralegal Associations, Inc. (NFPA) for 6.0 hours of Continuing Legal Education self-study credit, including 1.0 hour of ethics.
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TBLS Paralegal Certification
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TX
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TXPAR:
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6.00
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Credit Approval Exp 11/03/2013
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This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for paralegals and legal assistants. Certification areas: Civil Trial Law
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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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