Audio CD + Course Book

Collecting From a Business

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77814CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Collecting From a Business, held December 2017.

Program Description

According to the Federal Reserve, nonfinancial business debt outstanding is in the trillions - and many of those debts may go unpaid. Don't miss out on this debt! This guide will teach you how to navigate the commercial collection process, obtain a judgment and collect it. You will also find out what tools are at creditors' disposal in certain scenarios, such as when a business debtor files for bankruptcy. Get your clients paid - order today!

Course Content

  1. Collection Process Overview and Pre-Suit Collection Steps
  2. When You Should Move for the Appointment of a Receiver
  3. Piercing the LLC or Corporate Veil
  4. Filing Suit; Obtaining a Judgment Against Business Debtors
  5. Locating Assets and Handling Fraudulent Transfers
  6. Collecting on Judgments Against Business Debtors
  7. Business Bankruptcy: Creditor Rights and Procedures
  8. Legal Ethics

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Collection Process Overview and Pre-Suit Collection Steps
    9:00 - 9:30, Fred Pfenninger
    1. Collecting Business Debt vs. Consumer Debt
    2. Commercial Collection Process Overview
    3. Pre-Lit Collection: What is vs. is Not Allowed
    4. Determining the Collectability of Business Debt
    5. Investigating a Debtor's Location and Business Assets
    6. Using Demand Letters; Negotiation Tips
    7. Payment Plans and Settlements
  2. When You Should Move for the Appointment of a Receiver
    9:30 - 10:15, Fred Pfenninger
  3. Piercing the LLC or Corporate Veil
    10:15 - 11:00, Paul D. Ludwig
    1. Veil Piercing/Alter Ego Doctrine Explained
    2. LLC and Corporate Structure; Operating Agreements and Bylaws
    3. Elements and Factors Courts Consider
    4. How to Pierce the Veil
    5. Top Business Mistakes That Lead to Piercing
  4. Filing Suit; Obtaining a Judgment Against Business Debtors
    11:15 - 12:00, Ben T. Caughey
    1. How to Complete the Forms for Filing Suit
    2. The Power of the Account Stated Cause of Action
    3. Best Methods for Service
    4. Obtaining Default Judgment
    5. Business Debtor Defenses
    6. Moving for Summary Judgment
    7. Proving the Debt Claim is Valid
    8. Immediate Post-Judgment Steps and Procedures
  5. Locating Assets and Handling Fraudulent Transfers
    1:00 - 1:45, James E. Rossow Jr.
    1. Resources and Techniques for Locating Assets
    2. Judgment Debtor Exam/Post-Judgment Discovery
    3. Injunctive Relief/Remedies Against Threatened Transfer of Assets
    4. Spotting Fraudulent Transfers
    5. Remedies Available for Fraudulent Conveyances
    6. Collecting From Transferees and Successors
  6. Collecting on Judgments Against Business Debtors
    1:45 - 2:30, James E. Rossow Jr.
    1. Collecting From LLCs vs. Corps vs. Partnerships vs. Other Entities
    2. How to Proceed Against Various Asset Types
    3. Execution and Levying on Business Assets
    4. Attaching/Garnishing Business Assets
    5. Using Receiverships
    6. Liens and LLC Charging Orders
    7. Involuntary Bankruptcy
    8. Collecting on Out-of-State Judgments
  7. Business Bankruptcy: Creditor Rights and Procedures
    2:45 - 3:30, Ben T. Caughey
    1. Signs That a Business is in Distress
    2. Impact of Bankruptcy on Collecting From a Business
    3. What to do if the Business Files a Bankruptcy Petition
    4. When the Business Files an Assignment for the Benefit of Creditors
    5. Filing a Request for Special Notice and a Proof of Claim
    6. Secured, Unsecured, Post-Petition and Priority Claims
  8. Legal Ethics
    3:30 - 4:30, Cari L. Sheehan
    1. Rules of Professional Conduct
    2. Conflicts of Interest
    3. Attorney Fees
    4. Social Media Ethical Issues
    5. Lawyer Liability in Collections

BEN T. CAUGHEY is a founding partner at the law firm Mercho Caughey, located in Indianapolis. Mr. Caughey is a graduate of the University of Illinois, receiving the Bronze Table designation, and a graduate of Indiana University Maurer School of Law, with honors. He has handled all aspects of Chapter 11 proceedings, including pre-bankruptcy planning, plan confirmation, claims disputes, and hundreds of preference and fraudulent transfer actions. He has also frequently assisted clients in purchasing assets out of bankruptcy proceedings and federal and state court receiverships. Mr. Caughey has considerable experience assisting creditors, debtors, and creditors’ committees in bankruptcy cases and disputes, including clients in a wage variety of industries, such as agriculture, gaming, healthcare, hotel and hospitality, steel, automotive, airline, and medical. He also frequently assists clients in commercial litigation matters and collecting amounts due from third parties. Mr. Caughey regularly assists clients in pursuing fraudulent transfer claims against third parties and working to find economic remedies to business relationships that have deteriorated. He also regularly represents parties in agriculture real estate disputes and has extensive experience in addressing agriculture business litigation issues, including buy-sell disputes, tax liability claims, and shareholder derivative actions. Mr. Caughey has been frequently been recognized by U.S. News & World Report on the annual Best Lawyers in America listing (most recently in 2016) as well as an Indiana Super Lawyer (most recently in 2016). He enjoys educating clients, other lawyers, and aspiring future lawyers about bankruptcy, commercial law, and negotiable instrument issues, including by serving as adjunct professor at Indiana University Robert H. McKinney School of Law for three years. Mr. Caughey has previously served as shair of the Bankruptcy and Commercial Law Section and is active in civic and charitable organizations in Indianapolis.

PAUL D. LUDWIG is a director in the Indianapolis law firm of Redman Ludwig, P.C., and has more than 30 years of experience in creditors' rights and collection litigation, representing national banks and corporations, as well as local businesses and individuals. His areas of practice include creditors' rights, general litigation and commercial law. Mr. Ludwig has been a lecturer for paralegal studies at Indiana University, National Business Institute and Purdue University at Indianapolis; and for many continuing legal education programs in the field of creditors' rights. He earned his B.A. degree, magna cum laude, from Indiana Central University; and his J.D. degree, magna cum laude, from Indiana University School of Law.

FRED PFENNINGER is principal in the Indianapolis law firm of Pfenninger & Associates where he practices in the areas of collection, creditors' rights, and foreclosure law. Mr. Pfenninger received his B.A. degree, with distinction, from Indiana University in Bloomington, his J.D. degree from the University of Michigan Law School, and his M.B.A. degree from Harvard Business School. He has lectured and written articles for the Indiana Continuing Legal Education Forum, the Indianapolis Bar Association and National Business Institute. He is a member of the Indiana State and Indianapolis bar associations and the Commercial Law League of America (Creditors' Rights and the Bankruptcy and Insolvency sections). He is also past president of the Indiana Creditors Bar Association.

JAMES E. ROSSOW JR. is a partner in the law firm of Rubin & Levin, P.C., in Indianapolis. Mr. Rossow concentrates his practice in the areas of bankruptcy, debtors and creditors’ rights, commercial law, secured transactions, commercial foreclosure and business litigation. He earned his B.A. degree from Indiana University - Bloomington and his J.D. degree from the Indiana University Robert H. McKinney School of Law. Mr. Rossow is a member of the American Bankruptcy Institute, the Indianapolis Bar Association, the Indiana State Bar Association, and the Indiana Association for Corporate Renewal.

CARI L. SHEEHAN is of counsel in Barnes & Thornburg LLP's Indianapolis office and is a member of the litigation department. Ms. Sheehan serves as professional responsibility counsel to the firm and focuses on various legal ethics and professional responsibility matters. Prior to joining Barnes & Thornburg LLP, Ms. Sheehan worked on a wide variety of litigation matters, including Title IX litigation, employment discrimination, bullying and school litigation, complex torts, civil rights litigation, police misconduct, medical malpractice, personal injury, wrongful death claims and criminal issues. She has represented clients in state and federal courts in Indiana and Illinois. Ms. Sheehan is admitted to practice in Indiana and Illinois. She also is admitted to practice in the U.S. District Court for the Northern and Southern districts of Indiana, U.S. District Courts for the Northern and Southern districts of Illinois, U.S. District Court for the Eastern District of Michigan, U.S. Bankruptcy Court for the Southern District of Indiana and Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. Ms. Sheehan is a member of the Indiana State Bar Association, Indianapolis Bar Association, and the Saint Thomas More Legal Society. She earned her B.A. degree, cum laude, from the University of Southern Indiana and her J.D. degree, magna cum laude, from the Indiana University Robert H. McKinney School of Law.

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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