Continuing Legal Education

Collection Issues You Don’t Know About…But Should

November 15, 2013
8:50 a.m. – 4:30 p.m.
6.00 MCLE hours
Presented by Commercial Banking, Collections, and Bankruptcy

Chicago
ISBA Regional Office
20 S. Clark St, Suite 900
(map and directions)

Update your knowledge on the collection issues you don’t know about (but should!)
 with this informative full-day seminar!


Don’t miss this opportunity to update your knowledge on the ins-and-out of the less common (but sometimes more complicated) issues that can arise when attempting to collect a commercial debt, whether it’s during a foreclosure, bankruptcy or post judgment proceeding. Attorneys with intermediate practice experience working in commercial litigation, banking, or collections and bankruptcy who attend this seminar will better understand:

  • The important collection issues within a foreclosure;
  • What happens to your judgment lien on real estate if the defendant passes away;
  • How to break through a trust;
  • How piercing the corporate veil or taking action against fraudulent conveyances can help you collect debts for your client;
  • How the Servicemembers Civil Relief Act shields your servicemember client from adverse collection actions;
  • Options for getting your client’s claim out of a defendant’s bankruptcy;
  • How to handle your client’s lawsuit against a company that’s out of business; and
  • Much more!
Please Note: Prior to the program, you will receive a weblink via email allowing you to access the course materials prior to the program. You will also receive a copy of the course materials (for no additional charge) when you arrive at the program, but will need to check the appropriate box on the registration page letting us know if you prefer a flash drive or printed course book.

Program Coordinator:
Sandra A. Franco, SmithAmundsen LLC, Chicago

Program Moderator:
Nathan B. Lollis, Law Offices of Nathan Lollis, LLC, Chicago

 

Agenda

8:50 – 9:00 a.m.  Welcome and Introduction

9:00 – 10:00 a.m.  Collection Issues within a Foreclosure
This segment discusses important collection issues within a foreclosure – from representing the second mortgage holder and handling a short sale when you are not the first mortgagee, to understanding whether a lender can sue on the note and then foreclose later.
Robert Handley, Burke & Handley, Downers Grove
Janice L. Driggers, Burke & Handley, Downers Grove

10:00 – 11:00 a.m.  When a Defendant Dies or is Disabled
Gain a better understanding of what to do when a defendant dies or becomes disabled. Topics include: who/where to sue for a deceased or disabled person’s debt; pursuing your claim in probate/opening a probate; and the additional parties who might be responsible for the debt. A discussion regarding what happens to your judgment lien on real estate if the defendant dies is also included.
Sandra A. Franco, SmithAmundsen LLC, Chicago

11:00 – 11:15 a.m.  Break (beverages provided)

11:15 a.m. – 12:15 p.m. Breaking through the Façade of an Asset Protection Vehicle
This segment examines the asset protection vehicle, how to break through a trust, attaching an interest in an LLC/charging orders, and more.
Robert G. Markoff, Markoff Krasny LLC, Chicago

12:15 – 1:15 p.m.  Lunch (on your own)

1:15 – 2:15 p.m.  Fraudulent Conveyances, Piercing the Corporate Veil, Attacking the Sham Divorce
There are many instances when business owners become personally liable for the debts and obligations of a company – and it is your job to collect these debts for your clients. Learn how to effectively employ cases of action for fraudulent conveyances and piercing the corporate veil to enhance success in litigation, as well as how to attack a sham divorce.
Ariel Weissberg, Weissberg and Associates, Ltd, Chicago

2:15 – 3:15 p.m.  Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act protects soldiers, sailors, Marines, and others from civil action being taken against them while they’re in active U.S. military service. Join us for an in-depth look at the Servicemembers Civil Relief Act and how it shields servicemembers from adverse action in areas such as repossession, bankruptcy, and foreclosure. Topics include: military affidavits; changes to the contract/interest rate; and knowing when you can move forward and when you can’t.
Nathan B. Lollis, Law Offices of Nathan Lollis, LLC, Chicago

3:15 – 3:30 p.m.  Break (refreshments provided)

3:30 – 4:00 p.m.  Getting Your Client’s Claim out of a Defendant’s Bankruptcy
This segment explores your options for getting your client’s claim out of a defendant’s bankruptcy. Topics include: filing motions to lift the automatic stay; objections to confirmation in a Chapter 13; and objections to discharge.
Kyle A. Lindsey, Johnson Legal Group, Chicago

4:00 – 4:30 p.m.  Who to Sue When Companies are out of Business
Get the information you need to handle your client’s lawsuit against a company that’s out of business, including what to do when the LLC is dissolved, what happens when the corporation is still in operation but dissolved, and how to handle partnership debts.
Paul A. Osborn, Ward, Murray, Pace & Johnson, PC, Sterling