Live Seminar

FDCPA and Collection Law

Seminar

Date:

Friday, June 08, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79236ER

Location:

Holiday Inn Louisville East-Hurstbourne

1325 South Hurstbourne Parkway

Louisville, KY 40222

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • IACET - 0.60

Program Description

Ensure You Are Collecting Legally and Effectively

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 seminar. Enroll today!

  • Avoid collection activities that violate the FDCPA and/or state laws.
  • Learn best practices for discovering debtor assets both pre- and post-judgment.
  • Recognize what provisional and final remedies are available to creditors to collect what is owed.
  • Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
  • Know the creditor's rights when collecting debt and when the debtor files for bankruptcy.
  • Remain up to date with the latest ethical considerations surrounding debt collection practices.

Who Should Attend

This basic-to-intermediate level course will provide professionals with the legal framework to collect debt. Those who should attend include:

  • Attorneys
  • Paralegals
  • Collections and Loan Officers
  • Credit Managers
  • Bankers
  • Controllers
  • Accounts Receivable Personnel
  • Accountants

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 – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 7.00 *


* 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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

KY CLE: 6.00 Includes - Ethics: 1.00
Application for approval of this activity for a maximum of 6.0 credits, including 1.0 ethics credit, is PENDING before the Kentucky Bar Association Continuing Legal Education Commission.


International Association for Continuing Education Training

Credit Logo
N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. List from recall two types of communication methods that violate the FDCPA. 2. Describe how the Truth in Lending Act can complicate the collection process. 3. Explain best practices for utilizing the internet to locate assets after the judgment. 4. Identify when and how to utilize a wage or bank garnishment when collecting the judgment. 5. Describe how a bankruptcy's automatic stay can impact your claim. 6. List at least two best practices to avoid ethical dilemmas when dealing with unrepresented persons.

National Association of State Boards of Accountancy

Credit Logo
N NAS: 7.00 Includes - Business Law: 6.00, Regulatory Ethics: 1.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a Basic to Intermediate level program presented in a group live setting. Accountants should have a basic understanding of procedures for legally collecting debt. Upon completion of this course, attendees should be able to: 1. List from recall two types of communication methods that violate the FDCPA. 2. Describe how the Truth in Lending Act can complicate the collection process. 3. Explain best practices for utilizing the internet to locate assets after the judgment. 4. Identify when and how to utilize a wage or bank garnishment when collecting the judgment. 5. Describe how a bankruptcy's automatic stay can impact your claim. 6. List at least two best practices to avoid ethical dilemmas when dealing with unrepresented persons. Field(s) of Study -- Regulatory Ethics; Business Law.

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Mail: NBI
P.O. Box 3067
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