Collection Law From Start to Finish - South Carolina Guide

Agenda / Content Covered

1. PRE-SUIT COLLECTION STRATEGIES
   9:00 — 10:00, Shawn Farris
   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
   10:15 — 11:15, Harriet Wallace
   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
   11:15 — 12:15, Shawn Farris
   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
   1:15 — 2:15, Patricia Lee
   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 IMPACT OF BANKRUPTCY ON COLLECTIONS
   2:15 — 3:15, Eddye Lane
   1. Steps to Take When a Debtor Files Bankruptcy
   2. Chapter 7 - Liquidation, Automatic Stay, Dischargeability
   3. Chapter 13 - Reorganization, Automatic Stay, Dischargeability
   4. Means Testing and "Abusive Filing"
   5. Exemption Planning
   6. 707(a) and 707(b) Dismissal
   7. Q&A
6. AVOIDING ETHICAL TANGLES IN COLLECTIONS
   3:30 — 4:30, Patricia Lee
   1. Eliminating Ethical Problems From Your Practice
   2. Zealous Representation or Vexatious Practices
   3. Lawyer Liability
   4. Attorneys' Fees
   5. Q&A

SHAWN T. FARRIS is a partner of the law firm Farris & Utley, PC. His areas of practice include civil litigation, real property, foreclosures, business entity law, collection, and international transactions. Mr. Farris is admitted to practice in Utah, federal court, and the 10th Circuit Court of Appeals. He represents a variety of corporate and individual clientele, including clients in Denmark, Japan, Mexico, United Kingdom, China, and Germany. Mr. Farris is a legal education instructor for the Utah Administrative Office of the Courts for the training courses attended by the state justice court judges, a lecturer for National Business Institute, and has also been a guest lecturer at foreign law schools; Nanjing School of Law in China and in the Republic of Moldova at Universitatea de Stat din Moldova, and Universitatea de Stat Alecu Russo din Bălţi where he lectured on American law to law students and the law faculty. His undergraduate university studies commenced in Denmark, and were completed at Brigham Young University with a bachelor's degree in international marketing with emphasis in the Danish and Spanish languages. His J.D. degree was awarded from the J. Reuben Clark Law School.

EDDYE L. LANE grew up in Canton, Mississippi, and attended neighboring Jackson State University, where she received her undergraduate degree in business management. She received her J.D. degree from the Howard University School of Law in Washington, D.C. Ms. Lane is admitted to practice in South Carolina, Pennsylvania, District of South Carolina, Fourth Circuit Court of Appeals, and the United States Supreme Court. Her early years of practice started with work as an intern, and later as an attorney at South Carolina Legal Services (SCLS), formerly known as Palmetto Legal Services. Ms. Lane continues to maintain a relationship with the agency through their Private Attorney Involvement (PAI) which provides free legal services to its qualified clients.

PATRICIA LEE is a partner in the law firm Hutchison & Steffen PLLC, practicing primarily in business and commercial litigation, including, but not limited to, partnership/shareholder disputes, contract enforcement/defense, non-competition agreements, and commercial lease review and litigation, family law, trademark registration and litigation, collections, mechanic’s liens/foreclosures, and medical claims billing. She is the current president of the Las Vegas Chapter of the National Bar Association Foundation and was appointed by Governor Gibbons to serve as chair of the Nevada Crime Commission. Ms. Lee is currently on the Board of Directors for the Legal Aid Center of Southern Nevada and she was named Legal Aid's Pro Bono Attorney of the Year. She became the first Nevada attorney to receive the American Bar Association’s national Pro Bono Publico Award for her demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. She earned two B.A. degrees from the University of Southern California and her J.D. degree from George Washington University Law School.

HARRIET P. WALLACE is a partner in the law firm of Fox Rothschild LLP, where she represents lenders and creditors in a range of litigation, workouts and transactions. Her practice includes a background in commercial transactions, for which she has handled negotiations, loan documentation, loan modifications, forbearance agreements, and settlement documents. In the area of creditor's rights litigation, Ms. Wallace has assisted clients with bankruptcies and adversary proceedings. She has also represented creditors in all areas of special asset litigation, including lien property disputes, mortgage foreclosures and UCCs. As a licensed title agent, Ms. Wallace has handled a number of SBA loan closings and frequently guides clients through complex title issues. She is admitted to practice in South Carolina and before the U.S. District Court, District of South Carolina. She earned her B.S and B.A. degrees from the College of Charleston and her J.D. degree from the University of South Carolina. Ms. Wallace is a member of the South Carolina Bar, Greenville County Bar Association, Independent Bankers Association of South Carolina, and is the current president of the South Carolina Bankruptcy Law Association.