Audio CD + Course Book

FDCPA and Collection Law

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:

79235CDRA

Audio + Course Book

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From Event: FDCPA and Collection Law, held June 2018.

Program Description

Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don't rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic instruction. Order today!

Course Content

  1. Fair Debt Collection Practices Act - What You Need to Know
  2. Other Consumer Protections
  3. Locating Assets After the Judgment
  4. Collecting and Enforcing the Judgment
  5. Bankruptcy's Implications on Collection Practices
  6. Ethics

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 KY * 06/30/2019
CLE NE Pending

* denotes specialty credits

Agenda / Content Covered

  1. Fair Debt Collection Practices Act - What You Need to Know
    9:00 - 10:00, Written by Chrisandrea L. Turner. Presented by Chrisandrea L. Turner in Lexington and Michael J. Gartland in Louisville.
    1. Persons and Transactions Covered
    2. Covered Communications
    3. How to Comply With the Act
      1. False, Deceptive and Misleading Representations Prohibited
      2. Unfair or Unconscionable Collection
      3. Verification of a Debt
      4. Furnishing Deceptive Forms
      5. "Mini-Miranda" Warning
      6. Mandated Disclosures Written for the "Least Sophisticated Consumer"
      7. Recent Developments
    4. Prohibited Conduct
    5. Enforcement
    6. State FDCPA Regulations
  2. Other Consumer Protections
    10:00 - 11:00, Written by Brian M. Bennett. Presented by Chrisandrea L. Turner in Lexington and Brian M. Bennett in Louisville.
    1. Consumer Credit Protection Act
    2. Truth in Lending Act
    3. Fair Credit Reporting Act
    4. Equal Credit Opportunity Act
    5. Financial Services Regulatory Relief Act of 2006
    6. State Laws
  3. Locating Assets After the Judgment
    11:15 - 12:15, Written and presented by Joan Deaton Grefer in Lexington and Louisville.
    1. Informal Discovery
    2. Asset Information Available Publicly
      1. Motor Vehicle Records
      2. Financial Institution Records
      3. Real Estate Records
      4. Credit Bureau Reports
    3. Utilizing Valuable Internet Resources
    4. Using Investigators
    5. Using Supplemental Examinations for Asset Discovery
    6. Court Intervention and Assistance in Forcing Asset Disclosure
    7. Using Motions to Complete the Debtor's Compliance With Post-Judgment Discovery Requests
  4. Collecting and Enforcing the Judgment
    1:15 - 2:15, Written and presented by Steven A. Snow in Lexington and Louisville.
    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. Garnishments
    6. Attachments
    7. Exemptions by Debtor
    8. Fraudulent Conveyances
    9. Q&A
  5. Bankruptcy's Implications on Collection Practices
    2:30 - 3:30, Written by Peter M. Gannott. Presented by Daniel E. Hitchcock in Lexington and Drayer Bott Spurlock in Louisville.
    1. Steps to Take in the Event of Bankruptcy
    2. How to Deal With the Automatic Stay
    3. Protecting Your Claim in Bankruptcy
    4. Dealing With Avoidance Actions
    5. Discharge and Dischargeability of Debts
  6. Ethics
    3:30 - 4:30, Written by Peter M. Gannott. Presented by Daniel E. Hitchcock in Lexington and Drayer Bott Spurlock in Louisville.
    1. Fees
    2. Candor With the Tribunal
    3. Dealing With Unrepresented Persons
    4. Unauthorized Practice of Law
    5. Harassment

BRIAN M. BENNETT is an attorney in the Louisville, Kentucky office of Stites & Harbison, PLLC. His practice focuses on lender liability actions, contested mortgage litigation (Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, and state law claims), commercial foreclosure, title insurance litigation, commercial real estate disputes, forcible detainer and eviction, general commercial litigation, and residential and commercial compliance matters. Mr. Bennett is a member of the America, Kentucky and Louisville bar associations; and is admitted to practice in Kentucky, Indiana, and the U.S. District Court for the Western and Eastern Districts of Kentucky. He earned his B.S. degree, magna cum laude, in political science with a minor in administration of justice from the University of Louisville; and his J.D. degree, cum laude, from the University of Louisville, Louis D. Brandeis School of Law. (Louisville location)

MICHAEL J. GARTLAND is an attorney with DelCotto Law Group PLLC. He practices primarily in civil and commercial litigation, debtor and creditor rights, including bankruptcy law, and has an active appellate practice. Mr. Gartland represents both plaintiffs and defendants in a wide range of matters across industry lines, including oil and gas, coal, commercial contracts and agreements, and disputes among business owners. In 2013, he was nominated and became the newsletter editor for the American Bankruptcy Institute’s Legislation Committee. He has authored or co-authored several articles published by the American Bankruptcy Institute, the leading and largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. Mr. Gartland is licensed to practice in New Hampshire, Massachusetts, Maine, and Kentucky. He is a member of the Kentucky Bar Association, American Bankruptcy Institute, and the Fayette County Bar Association. He earned his B.S. degree from the University of Northern Colorado, his M.B.A. degree from Clark University in Worcester, and his J.D. degree from Georgetown University Law Center. (Louisville location)

JOAN DEATON GREFER is an attorney in the Richmond, Kentucky law firm of Davis Law PSC, where she practices in the areas of domestic law, bankruptcy, litigation and collections. She is a member of the American, Kentucky and the Madison County (past president) bar associations. Ms. Grefer earned her B.A. degree from the University of Louisville and her J.D. degree from Salmon P. Chase College of Law, Northern Kentucky University. (Lexington and Louisville locations)

DANIEL E. HITCHCOCK is a partner with Wyatt Tarrant & Combs LLP, where his main areas of practice include creditor rights, bankruptcy, and real estate. He is admitted to practice in Kentucky and Florida, and before the U.S. District Courts for the Eastern District and Western District of Kentucky, and the U.S. District Courts for Florida. Mr. Hitchcock is a member of the American Bankruptcy Institute, Fayette County Bar Association, and the Bankruptcy Law Section of the Kentucky Bar Association. He earned his J.D. degree from the University of Louisville. (Lexington location)

STEVEN A. SNOW is a sole practitioner in Louisville, where he practices in the areas of collections, domestic relations and family law. He has spoken to the Louisville Bar Association on topics relating to his areas of practice. Mr. Snow earned his B.A. degree from Ohio University, and his J.D. and M.A. degrees from the University of Louisville. He is a member of the Louisville and the Kentucky bar associations. (Lexington and Louisville locations)

DRAYER BOTT SPURLOCK is an attorney with the firm of Napier & Associates, P.S.C., where she focuses her practice on creditor issues, business transactions and real estate issues. She has represented various sized businesses, from small proprietorships to major corporations, banks and other financial institutions, as well as coal companies and landowners. Ms. Spurlock has spoken frequently on retail and commercial collections and related topics. She is a member of the Kentucky Bar Association and is admitted to practice in Kentucky and before the U.S. District Court, Western and Eastern districts of Kentucky, the Sixth Circuit Court of Appeals and the United States Court of Federal Claims. Ms. Spurlock earned her B.A. degree from Indiana University and her J.D. degree from the University of Louisville. (Louisville location)

CHRISANDREA L. TURNER is a member at Stites & Harbison, PLLC in Lexington. She is a bankruptcy and creditors’ rights litigator focusing on corporate bankruptcy and restructuring and adversary proceeding defense. Ms. Turner regularly represents lenders, trade creditors, lessors and lessees, sureties, and large creditors in Chapter 11 matters and complex bankruptcies around the country. She serves as chair of Women Leading Kentucky and is active in the American Bankruptcy Institute. She received her B.A. degree from the University of Kentucky and her J.D. degree, cum laude, from the University of Kentucky College of Law, and is admitted to the Kentucky Bar Association; U.S. District Court for the Eastern and Western Districts of Kentucky, and the U.S. Court of Appeals for the Sixth Circuit. She is a member of the Board of Directors for Leadership Kentucky (2015-18); American Bankruptcy Institute; American Bar Association; Kentucky Bar Association; Fayette County Bar Association; and the Women Lawyers Association. Ms. Turner was recently recognized by Best Lawyers in America®, bankruptcy & creditor-debtor rights/insolvency & reorganization law (2018). (Lexington location)

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

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Accreditation Details:

Continuing Legal Education

KY CLE: 6.00 Credit Approval Exp
06/30/2019
Includes - Ethics: 1.00
This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 6.0 credits, of which 1.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.


NE CLE:
NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been submitted for review and is pending approval.


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