Bankruptcy, Foreclosure & Collection Law

NJ Specific

Collection Law From Start to Finish - New Jersey Guide

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 48 minutes
Jonathan Goodgold
Jeffrey Bernstein
Marshall Kizner
Harry Gutfleish
Craig Hilliard
With Jonathan S. Goodgold from Goodgold West Maitlin & Klein LLC + 4 others
Recorded December 02, 2024
Product ID 99300

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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

  1. Pre-Suit Collection Strategies
  2. The Fair Debt Collection Practices Act
  3. Filing the Lawsuit - Developing Definitive Strategies
  4. Collecting the Judgment
  5. The Impact of Bankruptcy on Collections
  6. Avoiding Ethical Tangles in Collections
Product ID 99300

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Pre-Suit Collection Strategies

    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
    5. Q&A
  2. The Fair Debt Collection Practices Act

    1. Statutory Background and Preemption
    2. Scope of the FDCPA
    3. Understanding the Actions Permitted or Restricted by the Act
    4. Liability and Defenses
    5. Q&A
  3. Filing the Lawsuit - Developing Definitive Strategies

    1. Knowing the Debtor
    2. How to Effectively Get the Debtor's Attention
    3. Avoiding Counterclaims
    4. Obtaining Judgment
    5. Q&A
  4. Collecting the Judgment

    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
    9. Q&A
  5. The Impact of Bankruptcy on Collections

    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
    7. Q&A
  6. Avoiding Ethical Tangles in Collections

    1. Eliminating Ethical Problems From Your Practice
    2. Zealous Representation or Vexatious Practices
    3. Lawyer Liability
    4. Attorneys' Fees
    5. 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

Jonathan S Goodgold
Jonathan S.
Goodgold
Goodgold West Maitlin & Klein LLC
Jeffrey Bernstein
Jeffrey
Bernstein
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Marshall T Kizner
Marshall T.
Kizner
Stark & Stark, P.C.
Harry M Gutfleish
Harry M.
Gutfleish
Gutfleish, Law, LLC
Craig S Hilliard
Craig S.
Hilliard
Stark & Stark Attorneys at Law
Speaker bio
Jonathan S Goodgold

Jonathan S. Goodgold

Goodgold West Maitlin & Klein LLC
Jonathan 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
Jeffrey Bernstein

Jeffrey Bernstein

McElroy, Deutsch, Mulvaney & Carpenter, LLP
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 Court 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), and he has previously lectured and authored on a variety of bankruptcy topics. Mr. Bernstein 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. He serves on his firm's Diversity and Inclusion Committee, as well as the Pro Bono Committee and Mentorship Committee. Mr. Bernstein 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. He also serves on the District Fee Arbitration Committee for DFAC District VA (Essex County - Newark) by appointment of the Supreme Court of New Jersey. Mr. Bernstein 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
Marshall T Kizner

Marshall T. Kizner

Stark & Stark, P.C.
Marshall Kizner

is a Shareholder in Stark & Stark's commercial litigation group, where he focuses on a range of litigation disputes involving commercial real estate matters, complex title disputes, franchise litigation, representation of secured and unsecured lenders and lessors, foreclosure litigation, evictions, judgment collection, and fraud and fraudulent transfer claims. He is also Co-Chair of the firm's Beer & Spirits group, where he focuses on assisting breweries, wineries and distilleries in state and federal licensing, equipment leasing, real estate leases, and land use and zoning issues. Mr. Kizner is an accomplished trial lawyer with experience handling litigation matters in a variety of forums, including federal and state courts in both New Jersey and Pennsylvania and county board of taxations. He also litigates disputes on behalf of New Jersey breweries and distilleries against the New Jersey Division of Alcoholic Beverage Control before the New Jersey Office of Administrative Law and local planning boards challenging restrictions on the use of commercial properties.

Speaker bio
Harry M Gutfleish

Harry M. Gutfleish

Gutfleish, Law, LLC
Harry 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 and New York; and before the U.S. District Court for the District of New Jersey; U.S. District Court 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
Craig S Hilliard

Craig S. Hilliard

Stark & Stark Attorneys at Law
Craig Hilliard

is a shareholder in the commercial litigation group, and chair of the intellectual property litigation group. He also serves as general counsel to the law firm. Mr. Hilliard concentrates his practice in the area of federal civil litigation, including class actions, fraud, securities, employment, copyright/trademark, and other complex civil litigation. Prior to joining Stark & Stark Attorneys at Law, he served as a law clerk for United States District Court Judge Garrett E. Brown, Jr. and then practiced law at a large international law firm in New York City. Mr. Hilliard is a certified mediator with the U.S. District Court for the District of New Jersey, and has successfully mediated dozens of cases for the court. He has served as trial counsel in some of the largest class actions in the country, including, In re Bennett Funding Group Securities Litigation and Scheck Investments v. Kensington Management, Inc. Mr. Hilliard has tried dozens of jury trials, bench trials, and arbitration proceedings throughout his career, handling cases as lead counsel in both federal and state courts in over 25 states. He has also argued appeals in state supreme courts and federal appeals courts including the Second, Third and Ninth circuits. Mr. Hilliard has litigated copyright and trademark cases for some of the largest apparel manufacturers and designers in the world, and he is counsel to the largest trade association in the formalwear industry. In that capacity, he has focused his practice most recently on the challenges posed by the global growth of internet-based counterfeiting and unfair competition. His work for his clients has included intensive lobbying activities at the state and federal levels, along with successful litigation in a number of federal courts. For well over a decade, Mr. Hilliard has been a certified mediator for the U.S. District Court for the District of New Jersey. He is also a frequent lecturer and author of materials for ICLE, Lorman Education Services, and National Business Institute. Additionally, Mr. Hilliard is an adjunct professor of law for Rutgers University for trial advocacy. He earned his B.A. degree, cum laude, from Rutgers College; and J.D. degree, cum laude, from Rutgers Law School.

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