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Event Details

2016 Debt Collection & Enforcement of Money Judgments WC

Generic Event Image
Date:
Wednesday, June 08, 2016
Time:
9:00 AM - 4:00 PM Eastern Daylight Time

 

 Debt Collections and the Enforcement of Money Judgments 2016
Wednesday,  June 8th, 2016
9:00 a.m. to 4:00 p.m.
  
Elmwood Country Club | 850 Dobbs Ferry Road | White Plains, NY 10607
  
6.5 Total MCLE Credits: 
5.0 Professional Practice | 1.0 Ethics | 0.5 Skills

Price: Member: $195.00 | Non-Member: $295.00 | Business Section Member:$165.75 | New Admit:$140.00

Overall Planning Chair
Robert J. Ansell, SilvermanAcampora LLP, Jericho, NY 

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.

Special Offer!  All Registrants will receive a FREE copy of the 2016 Edition of Debt Collection and the Enforcement of Money Judgments!
  

Speakers
Chair: Melanie Finkel, The Law Office of Melanie F. Finkel, White Plains, NY

Panel: James K. Landau, Member, Ellenoff Grossman & Schole LLP, NY, NY
Melanie Finkel, The Law Office of Melanie F. Finkel, White Plains, NY
Jocelyn Nager, Manging Partner, Frank, Frank, Goldstein & Nager, P.C., New York, NY
Benjamin Y. Kaufman, Partner, Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY


Agenda
8:30 a.m. - 9:00 a.m. Registration (outside meeting room)
 
9:00 a.m. - 9:25 a.m.
1. LAYING THE GROUNDWORK
A. The Beginning of the End of the Case – An Overview on
Judgment Enforcement
B. You Weren’t Paid – Now What?
1. Evaluating a case
2. Evaluating collection potential
3. Managing client expectations
 
9:25 a.m. - 11:05 a.m.
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. Subpoenas duces tecum and ad testificandum
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
 
11:05 a.m. - 11:15 a.m. BREAK
 
11:15 a.m. - 12:40 p.m.
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. Contempt

12:40 p.m. - 1:40 p.m.
LUNCH (ON YOUR OWN)
 
1:40 p.m. - 2:30 p.m.
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
 
2:30 p.m. - 2:45 p.m.
BREAK
 
2:45 p.m. - 3:35 p.m.
5. PROBLEM AREAS
A. Limited partnerships
B. Closely held corporation
C. Spousal relationships
D. Family limited partnership
E. Professional practices
F. Competing creditors
G. Assets the sheriff might not wan
 
3:35 p.m. - 4:00 p.m.
6. THE DEBTOR’S PERSPECTIVE
A. Knowing your rights
B. Settling or bankruptcy – which is best?
 
4:00 p.m. ADJOURNMENT
 
 

 

Registration: 8:30 a.m. Program: 9:00 a.m. - 4:00 p.m.
This course has been approved for all attorneys, including those who are newly admitted (less than twenty-four months). 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 get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
Elmwood Country Club
850 Dobbs Ferry Road
White Plains, NY 10607
Online Registration has closed, to register please contact the Member Resource Center at 1-800-582-2452


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