Collection Law From Start to Finish

Agenda / Content Covered

All times are shown in Eastern time

1. PRE-SUIT COLLECTION STRATEGIES
   10:00 - 11:00, George E. Warner Jr.
   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
2. THE FAIR DEBT COLLECTION PRACTICES ACT
   11:15 - 12:15, Richard J. Perr
   1. Statutory Background and Preemption
   2. Scope of the FDCPA
   3. Understanding the Actions Permitted or Restricted by the Act
   4. Liability and Defenses
3. FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
   12:15 - 1:15, Ronald S. Weiss
   1. Knowing the Debtor
   2. How to Effectively Get the Debtor's Attention
   3. Avoiding Counterclaims
   4. Obtaining Judgment
4. COLLECTING THE JUDGMENT
   1:45 - 2:45, Ronald S. Weiss
   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
5. THE IMPACT OF BANKRUPTCY ON COLLECTIONS
   2:45 - 3:45, Nauni J. Manty
   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
6. AVOIDING ETHICAL TANGLES IN COLLECTIONS
   4:00 - 5:00, Richard J. Perr
   1. Eliminating Ethical Problems From Your Practice
   2. Zealous Representation or Vexatious Practices
   3. Lawyer Liability
   4. Attorneys' Fees

Accreditation Details:

NAUNI J. MANTY is the principal of Manty & Associates, P.A., where she focuses her practice on commercial litigation and complex bankruptcy matters. She has represented creditors in all types of settings, including enforcing creditors' rights and remedies in state court as well as in federal court. Ms. Manty has significant experience in bankruptcy law, representing debtors, creditors, and unsecured creditor committees. Her other areas of experience include creditor rights litigation, such as breach of contract, replevin, garnishment, and letter of creditor issues. Ms. Manty was appointed by the United States Trustee, Department of Justice, to serve as a Chapter 7 panel trustee for the District of Minnesota. In her position as a Chapter 7 trustee, she oversees the administration of the Chapter 7 cases. Ms. Manty also has been appointed as a Chapter 11 trustee. She frequently lectures on bankruptcy law, collections and analysis of financial statements. Ms. Manty was named a Super Lawyer by Minnesota Law & Politics for several years. In addition, she was named one of the Top 50 Female Attorneys in Minnesota. Ms. Manty earned her B.A. degree from Concordia University and her J.D .degree, cum laude, from William Mitchell College of Law.

RICHARD J. PERR is the co-managing partner of the Philadelphia office of Kaufman Dolowich Voluck, LLP, and the chair of its consumer financial services practice group. He is a nationally recognized authority and lecturer on creditor’s rights, representing creditors, law firms and agencies against individual and class action allegations invoking federal and state consumer protection laws, including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act. Mr. Perr also advises entities and individuals on matters related to compliance in the credit and collection industry, including review, implementation and auditing of policies and procedures, especially in adherence with governmental regulatory bodies such as the Consumer Financial Protection Bureau (CFPB). Mr. Perr is a past president of ACA International. Mr. Perr also serves on the Board of Directors for the Mid-Atlantic Collectors Association. He earned his B.A. degree from Rutgers College and his J.D. degree, with honors, from Rutgers School of Law

GEORGE E. WARNER JR. is the founding partner of Warner Law, LLC, a boutique firm emphasizing collection matters. He practices in the area of creditors' rights for local, regional, national, and international clients. Mr. Warner regularly represents financial institutions, equipment leasing companies, and other secured and unsecured creditors. He has extensive experience in state and federal litigation and complex post-judgment activities. A frequent lecturer for continuing legal education programs for other attorneys and adjunct professor at William Mitchell College of Law from 1997 to 2001, Mr. Warner is committed to raising the expectations of expertise of his peers. He has practiced law for more than 18 years, with nearly 15 of those years focused almost exclusively on commercial collections. While with Bernick & Lifson, P.A., Mr. Warner became and continues to be one of the only two Minnesota attorneys to hold National Board Certification as a creditor's rights specialist by the American Board of Certification. He is a long-time member of the Commercial Law League of America and the Minnesota State and Hennepin County bar associations. Mr. Warner earned his B.A. degree from the University of Iowa and his J.D. degree from the Hamline University School of Law.

RONALD S. WEISS is a partner in the Kansas City law firm of Berman, DeLeve, Kuchan & Chapman, L.C. He practices in the areas of bankruptcy and commercial litigation. Mr. Weiss wrote the chapter on general executions in The Missouri Bar Handbook and Attachments on Debtor/Creditors' Rights, and the chapter on bankruptcy in The Missouri Bar Practical Skills Handbook. He also is a contributing writer to The Missouri Bar Bankruptcy Practice Handbook. Mr. Weiss has been a lecturer for The Missouri Bar seminars and for the National Association of Credit Management in the Kansas City Bar Young Lawyers Trial Practice Program. He has served as chair of the Midwestern Bankruptcy Institute. Mr. Weiss is a member of The Missouri Bar, the American Bar Association, the Kansas City Metropolitan Bar Association, the Commercial Law League of America and the American Bankruptcy Institute. He earned his B.A. and J.D. degrees from the University of Missouri.