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Collection Law: Debtors, Assets & Judgments Agenda

  1. How to Find Debtors and Their Assets (40 minutes)
    1. Prejudgment Discovery Methods
    2. How to Locate Debtors
    3. How to Discover Assets
  2. Pre-Lawsuit Strategies (15 minutes)
    1. Determining Whether a Commercial Debtor is Worth Pursuing
    2. Locating and Notifying the Debtor
    3. Debt Settlement Negotiations
    4. The Effective Demand Process: Getting the Debtor's Attention
  3. Filing a Lawsuit and Obtaining a Judgement: A Procedural Guide (30 minutes)
    1. Where to File the Lawsuit
    2. Construction the Complaint
    3. Step-by-Step Procedures and Documents to File
    4. Being Prepared for Debtor Defenses, Default Judgments and Counterclaims
    5. Mandatory Mediation and Other ADR Methods
    6. Form of Judgment
  4. Break (15 minutes)
  5. Collecting a Judgement (55 minutes)
    1. Post-Judgment Discovery
    2. Judgment Liens
    3. Wage and Bank Account Garnishment
    4. Attachments
    5. Writs of Execution/Seize and Sale by the Sheriff
    6. Charging Orders
    7. Turnover / Receivership
    8. Debtor Exemptions
    9. Dealing with Fraudulent Transfers
  6. Creditors' Rights when a Debtor Files for Bankruptcy (40 minutes)
    1. The Automatic Stay
    2. The Proof of Claim
    3. Secured Creditors vs. Unsecured Creditors in Bankruptcy
    4. Preference Payments
    5. Administrative Claims
    6. Dischargeable Debts in Bankruptcy