Even though they have tried multiple collection efforts, your clients still haven't been paid a debt they're owed. That's when they turn to you for help. However, debt collection today is nothing like it was in the past, and smart professionals know they tread a fine line. How can you get the money owed, while staying in compliance with the Fair Debt Collection Practices Act? We know – and can show you how. Order today!

1. Pre-Suit Collection Strategies
2. The Fair Debt Collection Practices Act
3. Filing the Lawsuit - Developing Definitive Strategies
4. Collecting the Judgment
5. The Court and the Process - What a Creditor Should Expect
6. The Chapters and How They Work - What Effect do They Have on The Creditor
7. Benefits and Burdens of Bankruptcy That Can be Exploited by the Creditors
8. Attack of the Creditors
9. Avoiding Ethical Tangles in Collections

Continuing Education Credits:   

* denotes specialty credits

1. PRE-SUIT COLLECTION STRATEGIES
   9:00 - 9:45, Randall L. Trautwein
1. How to Decide Whether to Pursue Collection
2. Preventative Collection - Collecting Without Filing a Lawsuit
3. Designing a Collections System
4. How to Discover Assets - Finding Property From Which to Collect
5. Q&A
2. THE FAIR DEBT COLLECTION PRACTICES ACT
   9:45 - 10:15, Randall L. Trautwein
1. Statutory Background and Preemption
2. Scope of the FDCPA
3. Understanding the Actions Permitted or Restricted by the Act
4. Liability and Defenses
5. Q&A
3. FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
   10:30 - 11:15, Randall L. Trautwein
1. Knowing the Debtor
2. How to Effectively Get the Debtor's Attention
3. Avoiding Counterclaims
4. Obtaining Judgment
5. Q&A
4. COLLECTING THE JUDGMENT
   11:15 - 12:00, Randall L. Trautwein
1. Use of Judgment Liens on Real Property
2. Use of Judgment Liens on Personal Property
3. Self-Help Repossession
4. Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
5. Wage Garnishment
6. Attachments
7. Exemptions by Debtor
8. Fraudulent Conveyances
9. Q&A
5. THE COURT AND THE PROCESS - WHAT A CREDITOR SHOULD EXPECT
   1:00 - 1:30, Charles I. Jones Jr. and Mitchell L. Klein
1. The Bankruptcy Court
2. Anatomy of a Bankruptcy Case I. Petition to MOC
3. Anatomy of a Bankruptcy Case II. MOC to Closure
4. Who are all These People: The Players in Bankruptcy Court
5. The Chapters of the Code. 1, 3, 5, 7, 11, 12 and 13
6. Automatic Stay
7. Relief From the Stay-Counter Attack
8. Litigation Practice and Motion Practice in Bankruptcy
6. THE CHAPTERS AND HOW THEY WORK - WHAT EFFECT DO THEY HAVE ON THE CREDITOR
   1:30 - 2:15, Charles I. Jones Jr. and Mitchell L. Klein
   1. Chapter 7
   2. The Means Test Chart
   3. Chapter 13
   4. Chapter 13 Plan and Confirmation
   5. Chapter 11
   6. Dismissal or Conversion
7. BENEFITS AND BURDENS OF BANKRUPTCY THAT CAN BE EXPLOITED BY CREDITORS
   2:30 - 3:00, Charles I. Jones Jr. and Mitchell L. Klein
   1. Exemptions and Objections Thereto
   2. West Virginia Exemptions
   3. Duties of the Debtor
   4. Duties of the Debtors'Counsel - Substantial Risk to Counsel
   5. Bankruptcy Crimes - Risk to Counsel
   6. Effect of the Discharge
8. ATTACK OF THE CREDITORS
   3:00 - 3:30, Charles I. Jones Jr. and Mitchell L. Klein
   1. Motion to Dismiss
   2. Motion to Dismiss Chapter 7
   3. Challenging Dischargeability of a Claim
   4. What is Dischargeable of a Claim
   5. What is Dischargeable in Chapter 7
   6. What is Dischargeable in Chapter 13
   7. What is Dischargeable in Chapter 11
   8. Challenging the Entire Discharge
   9. Protecting the Creditor, Preferences, Fraudulent Conveyances, and Post-Petition Transfers Claims
   10. Preserving the Claim
9. AVOIDING ETHICAL TANGLES IN COLLECTIONS
   3:30 - 4:30, Charles I. Jones Jr. and Mitchell L. Klein
1. Eliminating Ethical Problems From Your Practice
2. Zealous Representation or Vexatious Practices
3. Lawyer Liability
4. Attorneys' Fees
5. Q&A

CHARLES I. JONES JR. is a partner in the Charleston office of Campbell Woods, PLLC, where he practices in the areas of bankruptcy/creditors' rights and commercial law. After several years of experience as counsel to the state tax commissioner, he served as U.S. bankruptcy clerk for the Southern District of West Virginia. Mr. Jones is a member of the Bankruptcy committees of The West Virginia State Bar, and Kentucky and American bar associations. He earned his B.S. degree from North Carolina State University, his M.S. degree from the University of Virginia and his J.D. degree from West Virginia University.

MITCHELL L. KLEIN is a principal in Klein & Hall Attorneys L.C. He practices in the areas of residential real estate and consumer bankruptcy. Mr. Klein served as a Chapter 7 Panel Trustee for both the Northern and Southern District Bankruptcy Courts. He is a frequent lecturer for attorneys and realtors, and has spoken for the Graduate Realtor Institute, sponsored by the West Virginia University. Mr. Klein earned his B.A. degree from Rutgers University and his J.D. degree from the Northern University School of Law. He is currently working on his master's degree in history at Marshall University. Mr. Klein also is an adjunct professor at Marshall University, where he teaches for the history department.

RANDALL L. TRAUTWEIN is a partner with the Huntington law firm of Lamp, O'Dell, Bartram, Levy, Trautwein, & Perry P.L.L.C., where he practices in the areas of civil litigation, banking and commercial law, and bankruptcy law. He earned his A.B. degree, summa cum laude, from Marshall University and his J.D. degree from Duke University. Mr. Trautwein is a past president of the Greater Huntington Estate Planning Council, and is a member of the Cabell County and The West Virginia bar associations, the Defense Trial Counsel of West Virginia, Defense Research Institute, American Bar Association, and Greater Huntington Estate Planning Council.

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