Audio CD + Course Book

Collecting From a Business

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78187CDRA

Audio + Course Book

Credit Information

Choose State:



From Event: Collecting From a Business, held March 2018.

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. Piercing the LLC or Corporate Veil
  3. Filing Suit; Obtaining a Judgment Against Business Debtors
  4. Collecting on Judgments Against Business Debtors
  5. Business Bankruptcy: Creditor Rights and Procedures
  6. Locating Assets and Handling Fraudulent Transfers
  7. Using Personal Guarantees and Other Tools to Secure Payment
  8. Legal Ethics

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 CT * 03/15/2020
CLE 7.20 NJ * 11/15/2018
CLE 7.00 NY * 03/15/2020
CLE 6.00 PA * 03/15/2020

* denotes specialty credits

Agenda / Content Covered

  1. Collection Process Overview and Pre-Suit Collection Steps
    9:00 - 9:30, Scott A. Lickstein
    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. Piercing the LLC or Corporate Veil
    9:30 - 10:20, John Caravella
    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
  3. Filing Suit; Obtaining a Judgment Against Business Debtors
    10:35 - 11:25, Scott A. Lickstein
    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
  4. Collecting on Judgments Against Business Debtors
    11:25 - 12:15, Kimberly Steele
    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
  5. Business Bankruptcy: Creditor Rights and Procedures
    1:15 - 2:00, Camille W. Hill
    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
  6. Locating Assets and Handling Fraudulent Transfers
    2:00 - 2:45, Mary Lannon Fangio
    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
  7. Using Personal Guarantees and Other Tools to Secure Payment
    3:00 - 3:30, Kimberly Steele
    1. Getting Proper Information (w/Checklist)
    2. Avoiding Improper Execution and Lack of Authority
    3. Credit Policies and Credit Applications
    4. Using Personal Guarantee Agreements
    5. Key Contract Provisions
    6. Security Interests, Liens and How to Perfect a Claim
  8. Legal Ethics
    3:30 - 4:30, John Caravella
    1. Rules of Professional Conduct
    2. Conflicts of Interest
    3. Attorney Fees
    4. Social Media Ethical Issues
    5. Lawyer Liability in Collections

JOHN CARAVELLA is a construction attorney and formerly practicing project architect, with offices in Uniondale and Melville, New York; as well as Ft. Lauderdale, Florida. The Law Offices of John Caravella, P.C. represents architects, engineers, contractors, construction managers, subcontractors, and project owners in all phases of pre and post construction services. Mr. Caravella has been awarded the Leadership in Law Award by the Long Island Business News (Nov. 2014), as well as named to its "Ones to Watch in Long Island Law" list (June 2012); invited to speak at industry functions; interviewed by local press outlets; has had legal articles published; and is appointed to serve as an arbitrator to the American Arbitration Association Construction Industry Panel of Neutrals. Mr. Caravella is also a member of the Nassau County Bar Association's Construction Law Committee, Broward County Bar Association's Construction Law Committee, and the New York State Bar Association; and writes for the Construction Law Blog. He is admitted to the New York State courts, Federal Court - Eastern District of New York, and Florida state courts. He earned his B.S. degree from New York Institute of Technology, Old Westbury New York, followed by earning his J.D. from Nova Southeastern University, Ft. Lauderdale, Florida.

CAMILLE W. HILL is an attorney with Bond, Schoeneck & King, PLLC. Ms. Hill concentrates her practice in matters pertaining to commercial bankruptcy and reorganizations, creditors' rights, and banking and commercial transactions, including debtor in possession financing, loan restructuring and preference action defense work. She represents secured and unsecured creditors, creditors' committees, debtors, landlords, and parties seeking to acquire companies and their assets in bankruptcy, and also lectures on general bankruptcy topics, creditors' rights and loan workouts. Ms. Hill is a member of the New York State, Onondaga County, District of Columbia and Central New York Bankruptcy (past president) bar associations. She earned her B.A. degree, magna cum laude, from St. John Fisher College and her J.D. degree from George Washington University.

MARY LANNON FANGIO is a partner in the Syracuse law firm of Whitelaw & Fangio, where she practices in the areas of bankruptcy law, civil litigation and real estate. Ms. Fangio is also a Chapter 7 bankruptcy trustee for the Northern District of New York. She is a member of the Onondaga County and New York State bar associations and the Central New York Bankruptcy Bar Association. Ms. Fangio earned her B.A. degree, magna cum laude, from Le Moyne College; and her J.D. degree, cum laude, from Syracuse University.

SCOTT A. LICKSTEIN is a graduate of Syracuse University College of Law, and obtained his B.A. degree from Binghamton University; and has been a practicing attorney in New York for more than 30 years. He is admitted to practice law in New York; the Northern District of New York, U.S. District Court; and the U.S. Supreme Court. He is a member of the Onondaga County Bar Association, as well as a member of their Board of Directors, and the New York State Bar Association. Mr. Lickstein's primary areas of practice include business and commercial law, complex commercial litigation, real estate transactions and property evictions, and family law. Mr. Lickstein is a long term resident of Syracuse, and has been an active board member in a number of community organizations, including Syracuse Behavioral Health Care, the Syracuse Business Exchange, Vera House, and Jewish Family Service. He also lectures at seminars on commercial law, business formation, and account collection strategies.

KIMBERLY STEELE is the founding member of The Steele Law Firm, P.C., a multi-jurisdictional practice with offices throughout the United States that represents clients in suretyship, construction law, commercial litigation and commercial transactions. In addition to practicing law, Ms. Steele is the founding member of H.T. Grace & Associates, LLC, a full service consulting firm that assists small business owners throughout the country. She is also the owner of Turnaround Credit Repair, providing consumers with credit repair services and business owners with risk rating repair services for purposes of risk management, bonding and insurance. Ms. Steele graduated, magna cum laude, from Elmira College on a full academic scholarship; attended the Université de la Sorbonne in Paris, France also on full academic scholarship; and received her J.D. degree from Albany Law School of Union University. She has previously served as corporate counsel and vice president of commercial sales of a Central New York community bank.

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

Accreditation Details:

Continuing Legal Education

CT CLE: 6.00 Credit Approval Exp
03/15/2020
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


NJ CLE: 7.20 Credit Approval Exp
11/15/2018
Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NY CLE: 7.00 Credit Approval Exp
03/15/2020
Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the Areas of Professional Practice requirement and is approved for experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


PA CLE: 6.00 Credit Approval Exp
03/15/2020
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


Additional Format Options

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702