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Current Issues in Commercial Collections

Commercial collections are becoming more complex - stay up-to-date on the latest issues.

The world of commercial collections has seen numerous recent developments. These developments require that those responsible for enforcing their collection rights be aware of not only new twists on several established remedies, but also new concepts which may make collections more difficult. For example, what happens to rental income when a bank or other lender wants to exercise rights under a mortgage or assignment of rents? And what are the priorities for creditors and secured lenders with respect to a garnishment? On a more recent concept, are you in a state that must deal with asset protection trusts for guarantors that might have the money to pay some or all of a commercial debt? This topic is essential for those who need to stay current on commercial collection issues.

Runtime: 89 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Recent Cases Regarding Mortgages and Assignment of Rents

  • In Re: Town Center Flats, LLC - When Does a Lender's Right to Rental Income Become Enforceable?
  • In Re $55,336.17 Surplus Funds - How Should a Court Distribute Surplus Funds in a Foreclosure Sale?
  • Mortgages Passing Through Bankruptcy

Pre-Collection Steps and Current Issues

  • Pre-Negotiation Letters
  • UCC Financing and Termination Statements - Importance of Review and Due Diligence
  • Non-Recourse Guaranties - Still Valid?

Issues That Continue to Arise in Litigation

  • Prepayment Fees - Legal or Not?
  • Garnishments vs. Lender Setoff Rights
  • Demand Letters, Acceleration and Statute of Limitations Issues

Issues to Be Aware of in Future Collection Actions

  • Domestic Asset Protect Trusts
  • Collection Issues When the IRS Has Liens on the Collateral
  • Midland Funding, LLC v. Johnson - Can a Proof of Claim Violate the Federal Fair Debt Collection Practices Act?
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 26, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5 including Ethics 0.25
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5 including Ethics 0.25
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5 including Ethics 0.25
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5 including Ethics 0.25
     
  • WA CLE 1.5 including Ethics 0.25
     
  • WV MCLE 1.8 including Ethics 0.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Emily M. Coyle

Emily M. Coyle

Plunkett Cooney, P.C.

  • Member of Plunkett Cooney, P.C.ís Banking, Bankruptcy and Creditor Rights Practice Group
  • Focuses practice primarily on the collection of commercial loans and debts along with loan modifications and workouts
  • Represents a large range of clients in litigation involving commercial debts from national banks to small businesses, and she remains active in the Federal Bar Association, American Bankruptcy Institute, and Debtor/Creditor Committee of the Oakland County Bar Association
  • Presented workshops on various collection issues from Fraudulent Transfer Litigation to the Benefits of Receiverships, and Foreclosure Law
  • J.D. degree, magna cum laude, Western Michigan University Cooley Law School; B.S. degree, Juniata College
  • Can be contacted at 248-594-8613 or [email protected]
Michael A. Fleming

Michael A. Fleming

Plunkett Cooney, P.C.

  • Partner in Plunkett Cooney, P.C.ís Banking, Bankruptcy and Creditor Rights Practice Group who has represented creditors in bankruptcy for more than thirty years
  • Represents clients in numerous aspects of commercial and secured transactions, including loan workouts, foreclosures and commercial loan collections, as well as business reorganizations and creditors' rights as well as business bankruptcy reorganizations
  • Named a Best Lawyer in America for Bankruptcy and Creditor Debtor Rights in 2015 and 2016, and has achieved the highest rating in the Martindale-Hubbell Law Directory
  • J.D. degree, cum laude, Wayne State University Law School; B.A. degree, magna cum laude, University of Michigan-Dearborn
  • Can be contacted at 248-901-4095 or [email protected]
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Product ID: 400526
Published 2017
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