Litigation & Post-Judgment Play-By-Play for Collection Attorneys

Agenda / Content Covered

1. Pre-Suit Strategies
   11:00 — 11:45, Lynda Laing
   1. Deciding Whether to Pursue Collection
   2. Knowing the Debtor
   3. How to Effectively Get the Debtor's Attention
   4. Preventative Collection - Collecting Without Filing a Lawsuit
2. Debt Collection Litigation
   11:45 — 1:00, Lynda Laing
   1. Pre-Filing Considerations and Strategy
   2. Commencement of Suit
   3. Documenting the Debt
   4. Answers and Defenses
   5. Discovery and Document Requests
   6. Motions
   7. Deposition
   8. Summary Judgment
   9. Mediation and Trial
3. Post Judgment Discovery: Locating Assets and Handling Fraudulent Transfers
   1:15 — 1:45, Stephen Bresset
4. Post-Judgment Enforcement and Modification Actions
   1:45 — 2:45, Stephen Bresset
   1. Positioning for Enforcement
   2. Timing Recovery Efforts
   3. Judgment Liens and Writs of Execution
   4. Exemptions
   5. Garnishments and Levies
   6. Bankruptcy Implications
5. FDCPA Lawsuits: Plaintiff vs. Defense Perspectives
   3:15 — 4:15, Ronald Weiss
   1. Pre-Filing Considerations and Strategy
   2. Commencement of Suit
   3. Documenting the Debt
   4. Answers and Defenses
   5. Discovery and Document Requests
   6. Motions
   7. Deposition
   8. Summary Judgement
   9. Mediation and Trial
6. Recent Developments and Key Case Law
   4:30 — 5:00, Stephen Bresset
7. Legal Ethics
   5:00 — 6:00, Ronald Weiss
   1. Fee Agreement Best Practices
   2. Communicating with Debtors
   3. Supervising Non-Lawyers
   4. Meritorious Claims & Contentions
   5. Candor to the Tribunal
   6. Conflicts of Interest

Accreditation Details:

Stephen G Bresset is a partner with Bresset & Santora, LLC, where he has practiced commercial and bankruptcy law and litigation throughout Pennsylvania and the region for more than 30 years. During his time in practice, Mr. Bresset has represented debtors in more than 50 Chapter 11 proceedings in Pennsylvania, as well as creditors, creditor committees and trustees at virtually every level of bankruptcy proceedings, and debtors in more than 1,000 Chapter 7 proceedings. He is admitted to the state courts of Pennsylvania, the three U.S. District courts in Pennsylvania, as well as the three bankruptcy courts, and the Third Circuit Court of Appeals. Mr. Bresset has always been an active member of his community and the bar associations of which he is a member. He has served as an office holder in the Wayne County Bar Association, as well as a committee chair in both associations and the Pennsylvania Bar Association. Mr. Bresset has been a featured speaker at numerous seminars throughout Pennsylvania in litigation, commercial law and bankruptcy law topics. He earned his B.A. degree from Temple University and J.D. degree, with honors, from Widener University School of Law.

Lynda L Laing is a partner in the law firm of Strauss, Factor, Laing & Lyons in Providence, Rhode Island, where her practice concentrates in the areas of collections and litigation. Ms. Laing is a member of the State Bar of Michigan, the Rhode Island and American bar associations, the Commercial Law League of America, and the American Bankruptcy Institute. Ms. Laing served as chairperson of the Bench Bar Committee for the Rhode Island Bar Association. She earned her A.B. degree from Albion College and her J.D. degree from Case Western Reserve University Law School.

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.