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Overview
Tread Carefully... But Ensure Your Clients Get Paid
Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have the information you need to ensure payment of the debt - while keeping in compliance with strict guidelines governing consumer collections? Don't rush in unprepared. Maximize your chances of recovery with the practical solutions you'll gain at this definitive seminar. Register today!
- Uncover assets - including property - that can help you maximize monetary recovery.
- Stay in compliance: follow the guidelines governing actions permitted or restricted by the FDCPA.
- Learn effective (and legal!) ways to get the debtor's attention when moving forward with a lawsuit.
- Learn how to use wage garnishments and attachments to successfully collect judgments.
- Take the steps necessary to protect your client's rights when the debtor files for bankruptcy.
Abbreviated Agenda
- Pre-Suit Collection Strategies
- The Fair Debt Collection Practices Act
- Filing the Lawsuit - Developing Definitive Strategies
- Collecting the Judgment
- The Impact of Bankruptcy on Collections
- Avoiding Ethical Tangles in Collections
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Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| New Jersey CLE |
|
7.2 Total |
| New York CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Pre-Suit Collection Strategies
- How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
- Q&A
-
The Fair Debt Collection Practices Act
- Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- Q&A
-
Filing the Lawsuit - Developing Definitive Strategies
- Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- Q&A
-
Collecting the Judgment
- Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
- Wage Garnishment
- Attachments
- Exemptions by Debtor
- Fraudulent Conveyances
- Q&A
-
The Impact of Bankruptcy on Collections
- Steps to Take When a Debtor Files Bankruptcy
- Chapter 7 - Liquidation, Automatic Stay, Dischargeability
- Chapter 13 - Reorganization, Automatic Stay, Dischargeability
- Means Testing and "Abusive Filing"
- Exemption Planning
- 707(a) and 707(b) Dismissal
- Q&A
-
Avoiding Ethical Tangles in Collections
- Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
- Q&A
Who Should Attend
This basic-to-intermediate level online seminar will provide professionals with the legal framework to collect consumer debt. Those who should attend include:
- Attorneys
- Paralegals
- In-House Counsel
- Collections and Loan Officers
- Credit Managers
- Bankers
- Controllers
- Presidents/Vice Presidents
Speakers
Speaker bio
Jeffrey Bernstein
is a partner with the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP in the firm's Bankruptcy/Workout practice group. His practice concentration is in the area of bankruptcy, creditors' rights, and bankruptcy litigation. Mr. Bernstein is admitted to practice in New Jersey and New York, and before the U.S. District Court for the District of New Jersey, U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit, and the U.S. District Courts for the Eastern, Northern, Southern and Western districts of New York. He is a member of the New Jersey State (Creditor and Debtor Relations Section), New York State (Bankruptcy Law Committee/Business Law Section), and the American Bar associations, as well as the American Bankruptcy Institute (Business Reorganization Committee, Unsecured Trade Creditors' Committee). Mr. Bernstein has previously lectured and authored on a variety of bankruptcy topics. He is a Master of the Bankruptcy American Inn of Court, and has been chosen once again for inclusion in the 24th edition of The Best Lawyers in America in the practice area of bankruptcy and creditor debtor rights/insolvency and reorganization. Mr. Bernstein serves on his firm's Diversity and Inclusion Committee, as well as the Pro Bono Committee and Mentorship Committee. He has also been appointed to both the New York State Bar Association Committee on Diversity and Inclusion, and New Jersey State Bar Association Diversity Committee. Mr. Bernstein also serves on the District Fee Arbitration Committee for DFAC District VA (Essex County - Newark) by appointment of the Supreme Court of New Jersey, and previously served on the Supreme Court of New Jersey District VA (Essex County-Newark) Ethics Committee. He earned his B.A. degree, cum laude, from Yeshiva University; his M.B.A. degree, with distinction, from the New York Institute of Technology; and is a graduate of Benjamin N. Cardozo Law School, cum laude, where he served as notes and comments editor of the Cardozo Arts and Entertainment Law Journal.
Speaker bio
Harry M. Gutfleish
is the sole member of Gutfleish Law, LLC. Since 1988, he has represented individual and business bankruptcy debtors and judgment debtors, secured and unsecured creditors, equity holders, creditors' committees, liquidating trusts, and bankruptcy trustees in all aspects of bankruptcy and commercial litigation pending in bankruptcy and non-bankruptcy forums. In bankruptcy related litigation, Mr. Gutfleish has prosecuted and defended thousands of adversary proceedings and contested matters including preference actions, fraudulent transfer actions, claims arising from Ponzi and other fraudulent schemes, state law commercial and fraud claims, property disputes, lien disputes, business disputes, contract disputes, successor liability and alter ego claims, business management disputes, business governance disputes, and shareholder/partner/member disputes. In the non-bankruptcy arena, he assists clients in a wide variety of business law matters including business formation, establishing the rights and duties among business owners, the purchase or sale of assets, financing and refinancing, disputes between business owners, terminating a business or business relationship, in the litigation matters discussed above that are commenced in state and federal courts, and in commercial collection matters. Mr. Gutfleish is admitted to practice in New Jersey, New York, U.S. District Court for the District of New Jersey, U.S. District Courts for the Northern, Southern, and Eastern districts of New York, U.S. Court of Appeals for the Second and Third circuits, and serves as a member of the Register of Mediators approved by the U.S. Bankruptcy Court for the District of New Jersey Delaware for the court's mediation program. He earned his B.A. degree, cum laude, from Colgate University and his J.D. degree, cum laude, from Boston University School of Law.
Speaker bio
Jonathan S. Goodgold
is the managing member of Goodgold West Diaz Bennett & Klein LLC, a business boutique law firm based in Roseland, New Jersey. He heads the firm's collection law practice, and handles commercial and consumer collection matters across a wide spectrum of industries. Mr. Goodgold is a frequent speaker on topics related to collection law, ethics and law firm management. He regularly counsels clients pre-litigation and in anticipation of collection litigation matters. Mr. Goodgold is barred in New Jersey and New York. He earned his B.A. degree, magna cum laude, from Binghamton University and his J.D. degree from the Benjamin N. Cardozo School of Law.
Speaker bio
Angela Nascondiglio Stein
is an attorney with Meyner and Landis LLP based in the Newark, New Jersey office. She is an associate in the Banking and Litigation Practice Group, specializing in commercial litigation involving creditors' rights matters, including but not limited to foreclosures, workouts, and collections. This practice group represents large financial institutions, including national and state banking institutions, corporations, borrowers, landlords, insurance companies, and other secured and unsecured creditors. Ms. Nascondiglio Stein earned her B.A. degree from The Pennsylvania State University and her J.D. degree from New York School of Law. She is a member of the New Jersey State Bar Association. Ms. Nascondiglio Stein is admitted to practice in New Jersey, New York, U.S. District Court District of New Jersey and U.S. District Court Eastern and Southern districts of New York.
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