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P/S Collections & the Enforcement of Money Judgments

- Location -
Crowne Plaza Syracuse Downtown
701 East Genesee Street
Syracuse, NY 13210
(315) 479-7000

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Co-sponsored by the Business Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

6.5 TOTAL CREDITS
5.0 Professional Practice; 0.5 Skills; 1.0 ethics.

Special Offer!  All Registrants will receive a FREE copy of the Practical Skills Edition of Debt Collection and the Enforcement of Money Judgments — a $125.00 retail value!

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PROGRAM DESCRIPTION

This full-day, practical skills program addresses the consequences flowing from the breakdown of a transaction due to non-payment of a debt. By attending the seminar, attorneys will learn how to use the tools provided by the New York Civil Practice Laws and Rules to enforce money judgments and how to avoid the numerous pitfalls that hinder attorneys from collecting money on behalf of their clients.  Those in attendance will receive ethics credit, as the panel will focus on many of the most significant ethical obligations of attorneys doing battle in the debtor/creditor law arena.

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AGENDA

8:30-9:00 REGISTRATION

9:00-9:25
1. LAYING THE GROUNDWORK
 A. JUDGMENT ENFORCEMENT – THE BEGINNING OF THE END OF THE CASE – AN    OVERVIEW ON JUDGMENT ENFORCEMENT.
  Topics of discussion include the beginning of the relationship, doing background checks, running D&B, etc. and forming the proper relationship among you and your future debtor – if you do this part right, you won’t need to do much later when evaluating a case, deciding whether to settle or litigation, or how to enforce a judgment you might obtain later in the day.
 B. YOU WEREN’T PAID – NOW WHAT?
  1. Evaluating a case
  2. Evaluating collection potential
  3. Managing client expectations
Speakers:   Robert E. Ganz, Esq. (Albany); Anthony C. Acampora, Esq. (Long Island); Marianne T. O'Toole, Esq. (Westchester); Robert J. Ansell, Esq. (New York City); Philip I. Frankel, Esq. (Syracuse)

9:25–11:05
2. PRACTICAL AND PROCEDURAL ASPECTS OF JUDGMENT ENFORCEMENT
 A. Property subject to judgment enforcement
 B. Priorities and lien docketing
 C. Personal property exemptions
 D. Real property exemptions
 E. Where to commence an enforcement proceeding
 F. Restraining notices
 G. Subpoena duces tecum
 H. Payment or delivery of judgment debtor property
 I. Installment payment order
 J. Payment of debts owed to judgment debtor
 K. Receivers
 L. Pre-entry enforcement
Speakers: Conor E. Brownell, Esq. (Albany); David A. Blansky, Esq. (Long Island); Yann Geron, Esq. (Westchester); Stephen Vlock, Esq. (New York City); Douglas J. Mahr, Esq. (Syracuse)

11:05-11:15  BREAK

11:15-12:40
3. PRACTICAL AND PROCEDURAL ASPECTS OF JUDGMENT ENFORCEMENT (continued)
 M. Executions
 N. Income execution
 O. Levy, Sale, and Distribution of personal property
 P. Levy and Sale of Real Property
 Q. Proceedings to determine adverse claims
 R. Protective orders
 S. Income executions
 T. Contempt
Speakers: Conor E. Brownell, Esq. (Albany); James A. Rose, Esq. (Long Island); Jocelyn Nager, Esq. (Westchester); Leonard D. Steinman, Esq. (New York City); Kimberly A. Steele, Esq. (Syracuse)

12:40–1:40  LUNCH (ON YOUR OWN)

1:40-2:30
4. ETHICAL ISSUES
 A. Fair Debt Collection Practices Act
 B. Fair Credit Reporting Act
 C. New York Fair Debt Collection Issues
 D. Consumer Debt Collection Issues
  1. Unrepresented Debtors
  2. Miscellaneous CPLR Provisions
Speakers:  TBA (Albany); Lon J. Seidman, Esq. (Long Island); Silvia L. Serpe, Esq. (Westchester); Chris G. McDonough, Esq. (New York City); Robert P. Rothman, Esq. (Syracuse)

2:30-2:45 BREAK

2:45-4.00
5. PANEL DISCUSSION OF PROBLEM AREAS
 A. Limited partnerships
 B. Closely held corporations
 C. Spousal relationships
 D. Family limited partnership
 E. Professional practices
 F. Competing creditors
 G. Assets the sheriff might not want
Speakers: Local Panels (all locations)

4:00  ADJOURNMENT

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PROGRAM FACULTY

Overall Planning Chair
Anthony C. Acampora, Esq., Silverman Acampora, LLP, Jericho, NY

Local Panels (listed in order of appearance)

Tuesday, November 9, 2010

Albany
 Chair: Robert E. Ganz, Esq., Ganz Wolkenbreit & Friedman, LLP, Albany, NY
 Panel:   Robert E. Ganz, Esq., Ganz Wolkenbreit & Friedman, LLP, Albany, NY * Conor E. Brownell, Esq., Ganz Wolkenbreit & Friedman, LLP, Albany, NY * Additional speakers to be announced

Long Island (Melville)
 Chair: Anthony C. Acampora, Esq., Silverman Acampora, LLP, Jericho. NY
 Panel: Anthony C. Acampora, Esq., Silverman Acampora, LLP, Jericho. NY * David A. Blansky, Esq., LaMonica Herbst & Mainscalco, LLP, Wantagh, NY * James A. Rose, Esq., Certilman Balin Adler & Hyman, LLP, East Meadow, NY * Lon J. Seidman, Esq., Silverman Acampora LLP, Jericho, NY * Adam L. Browser, Esq., Ruskin Moscou Faltischek, P.C., Uniondale, NY

Westchester (Tarrytown)
Chair: Marianne T. O’Toole, Esq., Marianne T. O’Toole, LLC, Katonah, NY
 Panel: Marianne T. O’Toole, Esq., Marianne T. O’Toole, LLC, Katonah, NY * Yann Geron, Esq., Fox Rothschild LLP, New York, NY * Jocelyn Nager, Esq., Frank, Frank, Goldstein & Nager, PC, New York, NY * Silvia L. Serpe, Esq., Office of Silvia L. Serpe, LLC, New York, NY
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Wednesday, November 10, 2010

New York City
 Chair: Robert J. Ansell, Esq., Silverman Acampora, LLP, Jericho, NY
  Panel: Robert J. Ansell, Esq., Silverman Acampora, LLP, Jericho, NY * Stephen Vlock, Esq., Vlock & Associates PC, New York, NY * Leonard D. Steinman, Esq., Blank Rome LLP, New York, NY * Chris G. McDonough, Esq., Law Office of Chris McDonough, Melville, NY

Syracuse
 Chair: Philip I. Frankel, Esq., Bond, Schoeneck & King, PLLC, Syracuse, NY
 Panel: Philip I. Frankel, Esq., Bond, Schoeneck & King, PLLC, Syracuse, NY * Douglas J. Mahr, Esq., Scolaro Shulman Cohen Fetter & Burstein PC, Syracuse, NY * Kimberly A. Steele, Esq., The Steele Law Firm, PC, Oswego, NY * Robert P. Rothman, Esq., Robert P. Rothman, PC, Syracuse, NY

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PROGRAM LOCATIONS

Tuesday, November 9, 2010

Albany
New York State
Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400

Long Island
Melville Marriott
1350 Old Walt Whitman Road
Melville, NY  11747
(631) 423-1600

Westchester
Westchester Marriott
670 White Plains Road
Tarrytown, NY 10591
(914) 631-2200

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Wednesday, November 10, 2010

New York City
New York’s Hotel Pennsylvania
401 Seventh Avenue (at 33rd St.)
New York, NY 10001
(212) 736-5000

Syracuse
Crowne Plaza Syracuse Downtown
701 East Genesee Street
Syracuse, NY 13210
(315) 479-7000

Important Note: If you plan to pre-register within 10 days of the program or register at the door, please call us at (800) 582-2452 or in Albany and surrounding area, dial (518) 463-3724, to verify that the program is not sold out or that the date or location has not been changed. Those who pre-register in advance of the program will automatically be notified of any such changes and will receive a full refund up to the day prior to the program, if they cannot attend and notify us of their cancellation. Please pre-register as early as possible.

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INFORMATION AND POLICIES

Pre-registration Strongly Advised: You can save money and guarantee your seat and course materials by registering early. Registrations received or postmarked within 10 days of the event, or at the door, are subject to a higher registration fee. Seating is limited in all locations and registrations are taken on a first-come, first-served basis. If you plan to pre-register within 10 days of the program or to register at the door, please call the CLE Registrar’s Office at (800) 582-2452 to verify that the program is not sold out or that the date or location has not been changed. Pre-registrants are guaranteed a seat and set of course materials, and will automatically be notified if there are any such changes in the date or location of the program.

Cancellations are easy – full refunds are given: Your full registration fee will be refunded if you give us notice no later than the close of business (4:45 p.m. EST) on the day prior to the date of the program for which you registered. To cancel, write the CLE Registrar’s Office at One Elk Street, Albany, New York 12207; or fax (518) 487-5618; or call (800) 582-2452. If you do not cancel and do not attend the program, a complete set of materials will be forwarded to you in consideration of the registration
fee. Non-registrants may purchase program materials after the final program date.

MCLE Credit: This program is acceptable for MCLE credit in New York and many other MCLE jurisdictions.

Tuition Assistance: NYSBA members may apply for tuition assistance to attend this program, based on financial hardship. Under that policy, any member of our Association who has a genuine financial hardship may apply in writing, not later than five working days prior to the program, explaining the basis of his/her hardship, and, if approved, may receive tuition assistance, depending on the circumstances. For more details, please contact our CLE Registrar’s Office at (800) 582-2452.

Non Members - Join the NYSBA and enjoy great discounts on CLE seminars, products, and other valuable NYSBA services. NYSBA members can save 30 percent or more over non-members on CLE seminars alone. Join now and take advantage of NYSBA membership discounts throughout the year.

If you wish to join, please contact NYSBA Membership Services at (518) 487-5577 and an application will be sent to you.

Tape Recording of NYSBA Seminars is not permitted.

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MCLE CREDITS

6.5 TOTAL CREDITS
5.0 Professional Practice; 0.5 Skills; 1.0 ethics.

This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

This program has also been approved for MCLE credit by the State Bar of California and the Pennsylvania Continuing Legal Education Board for 4.5 credit hours of substantive law and 1.0 credit hour of ethics. All inquiries regarding MCLE credits may be directed to (518) 487-5606.

This course includes no credit hours for the Continuing Professional Education (CPE) requirements of New York and New Jersey CPAs.  Sponsor Numbers:  New York: 000026; New Jersey: 20CE00099900.

The New York State Bar Association’s Committee on Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York.

IMPORTANT NOTICE: PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED. Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment.  Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

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DIRECTIONS

From Highway 81N: Exit 18 Harrison/Adams. Continue straight through 4 lights. Hotel is on the right. From Highway 81S: Exit 18 Harrison/Adams. Continue to Adams Street. Make a U-Turn at Adams to Almond, go through 3 lights. Hotel is on the right. From Highway 690E: Exit 36 to 81 S. Follow to Exit 18 Harrison/Adams. Continue to Adams Street, make a U-turn at Adams to Almond. Go through 3 lighs. Hotel is on the right. From Highway 690 W - Exit 13 Townsend Street. Turn left on Townsend, take first left onto Erie Blvd. Go down 2 streets to Almond Street and take right. Go through 3 interesections. The Hotel will be on the left. From Thruway I-90: Exit 36 and go to 81 South *Harrison/Adams* . Continue to Adams Street. Make a U-Turn at Adams to Almond. Go through 3 stop lights. The Hotel is on the right.

For questions about registration or to receive more information about this program, please contact the Registrar’s office @ 800-582-2452 (in Albany & surrounding area dial 463-3724)

The last day to pre-register online was November 9, 2010.

Members, please login to get member discounts.

Seminar
SYR-Registration	$210.00

Seminar
SYR-Registration	$260.00

Seminar
SYR-Registration	$60.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.