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2012

Collecting Debts and Judgments

Austin Oct 11-12, 2012 AT&T Conference Center
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Overview

Mastering the Art of Collecting Debts and Judgments, chaired by Donna Brown, brings together leading experts from around the state to provide a practical and comprehensive toolkit for practitioners of all experience levels.

Don’t miss this program if you want learn how to:

  • Evaluate cases for collectability for both collection cases and other litigation, including the use of investigators and social media tools
  • Master service of process from the legal and the practical standpoint
  • Draft pleadings, gather proof and litigate the collections case
  • Evaluate when to settle and when to fight counterclaims
  • Answer key questions on representing the unsecured creditor in a commercial bankruptcy
  • Recognize and avoid ethical problems when collecting a debt
  • Survive the arbitration of a collections case
  • Utilize post-judgment collection remedies to turn judgments into cash
  • Keep up with current trends and new legislation affecting the creditor’s rights industry
  • Master the art of collecting debts and judgments
Earn up to 13.00 hours of CLE credit including 3.00 hours of ethics credit!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 October 11, 2012
  • Day 2 October 12, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 11, 2012
    Presiding Officer:
    Donna Brown, Attorney at Law - West Lake Hills, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.75 hr
    Collection Trends and Social Media as a Collection Tool
    A look at the current trends and issues facing credit and collection professionals and companies in today's environment and what this means for collections. Includes discussion on utilizing social media in collections and the positive and negative impact it can have.

    Lynnette R. Warman, Hunton & Williams LLP - Dallas, TX

  • 9:45 am
    0.50 hr
    New Legislation and Court Rules Affecting Collections Attorneys
    The last legislative session was very busy. Hear the most important changes to several of the statutes, rules and regulations that impact your debt collection practice.

    Matias E. Garcia, Barnett & Garcia, PLLC - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    Presuit Investigation Including Working Effectively with Investigators
    An examination of the pre-litigation steps the attorney should take to increase the likelihood of collection, including gathering the file, retaining an investigator to identify and gather intelligence regarding the debtor (i.e. identify assets, multiply defendants), selecting jurisdiction and venue, assessing damages and evaluating defenses.

    Gerald A. Colca, Attorney at Law - Pearland, TX
    Stuart R. Schwartz, ScottHulse, P.C. - El Paso, TX

  • 11:30 am
    0.75 hr
    How Best to Utilize Services of Your Process Server and What to Expect
    A discussion of the realities of process serving and how an attorney can best work with his or her process server, including recent changes, proper service of process, serving the evading individual and entity, hazards and communicating with your process server.

    Mark P. Blenden, Attorney at Law - Dallas, TX
    Jon H. Snyder, Capitol Process Service - Georgetown, TX

  • 12:15 pm
    Break for Buffet Lunch
    Included in conference registration fee.

  • Thursday Afternoon, Oct. 11, 2012
    Presiding Officer:
    Matias E. Garcia, Barnett & Garcia, PLLC - Austin, TX
  • Luncheon Presentation

  • 12:35 pm
    0.75 hr
    Expedited Rules and Rule-Making
    An insider's view of the Texas Supreme Court's rule-making process, with a focus on the new rules for expedited trials.

    Thomas R. Phillips, Baker Botts L.L.P. - Austin, TX

  • 1:20 pm
    Break

  • 1:30 pm
    0.50 hr
    Causes of Action: Pleading and Proof
    Common creditor causes of action in Texas, including sworn account, account stated, money had and received, quantum meruit, promissory note and guaranty.

    David William Roth, Attorney at Law - Bedford, TX

  • 2:00 pm
    0.75 hr
    Strategies for Defending against Counter-Claims and Affirmative Defenses
    Tips and tactics to avoid common pitfalls.

    Morgan Matthew Matson, Barnett & Garcia, PLLC - San Antonio, TX

  • 2:45 pm
    Break

  • 3:00 pm
    0.50 hr
    Summary Judgment Evidence and Affidavit Toolkit
    This session covers drafting the perfect affidavit, responding to custodian of records and ownership issues, and other useful summary judgment proof, as well as dealing with counter-affidavits.

    Bruce A. Atkins, Attorney at Law - Houston, TX

  • 3:30 pm
    0.75 hr
    0.25 hr ethics
    Trends, Traps and Best Practices Involving Consumer Collections
    Ten things you must know to survive and prosper in today's consumer collection arena.

    Michael J. Scott, Attorney at Law - Carrollton, TX

  • 4:15 pm
    0.75 hr ethics
    Top Ten Traps to Avoid as a Collections Litigator/Trial Attorney
    Tips to prepare for trial confidently and to avoid the nightmares.

    Patrick J. Dyer, Attorney at Law - Missouri City, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 12, 2012
    Presiding Officer:
    Matias E. Garcia, Barnett & Garcia, PLLC - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    State Court Exemptions and Other Property Issues
    A review of what property can be reached by a judgment creditor—the usual and unusual: partnership and other business interests, spousal property and intangibles.

    Kathleen A. Hurren, Attorney at Law - San Antonio, TX

  • 9:15 am
    1.00 hr
    Post-Judgment Remedies
    Collecting your judgments using abstracts, executions, garnishments, turnovers and charging orders, with a special presentation by a deputy constable on success with writs of execution.

    Donna Brown, Attorney at Law - West Lake Hills, TX
    Vincent P. Dodd, Constable Precinct 2 - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Turnover Receiverships
    The turnover receivership is a cost-effective way to collect large and small judgments. Learn how it works and how to use this powerful, flexible collection tool.

    Moderator:
    R. David Fritsche, Law Offices of R. David Fritsche - San Antonio, TX
    Panelists:
    Mike Bernstein, Attorney at Law - Garland, TX
    Panelists:
    Hon. Mark Ben Greenberg, County Court At Law #5 - Dallas, TX
    Panelists:
    Peter Evans Pratt Jr., Pratt & Malone, P.C. - Houston, TX

  • 11:15 am
    0.75 hr ethics
    A Collection Lawyer's Guide to Arbitration
    A practical guide to surviving the arbitration of a collections case, from drafting arbitration clauses to the award.

    Daniel J. Goldberg, Ross, Banks, May, Cron, and Cavin, P.C. - Houston, TX

  • 12:00 pm
    Break for Box Lunch
    Included in conference registration fee.

  • Friday Afternoon, Oct. 12, 2012
    Presiding Officer:
    Donna Brown, Attorney at Law - West Lake Hills, TX
  • Luncheon Presentation

  • 12:15 pm
    1.00 hr
    Representing the Unsecured Creditor in a Commercial Bankruptcy
    A primer on reclamation rights, whether to spend money to attend the 341, advising your client on whether to serve on the creditor's committee, administrative claims vs. regular claims, evaluating the plan, pursuing debtors on post plan defaults, defending preferences and advising on issues related to involuntary bankruptcies.

    Moderator:
    Donna Brown, Attorney at Law - West Lake Hills, TX
    Panelists:
    James V. Hoeffner, Graves Dougherty Hearon & Moody - Austin, TX
    Panelists:
    Kell C. Mercer, Brown McCarroll - Austin, TX

  • 1:15 pm
    Break

  • 1:30 pm
    0.75 hr
    Exemption and Discharge Litigation/Issues: Consumer-Oriented
    Homestead exemptions after the 2005 Bankruptcy Code amendments, including which debts survive bankruptcy.

    Michael V. Baumer, Attorney at Law - Austin, TX

  • 2:15 pm
    1.00 hr ethics
    Ethics for Collections Attorneys and Their Staff
    A discussion of problems with advertising, communicating with debtors, fee contracts, conflicts of interest, handling money, supervising staff and other ethical issues.

    John Mayer, Ross, Banks, May, Cron, and Cavin, P.C. - Houston, TX
    Jonathan E. Smaby, Texas Center for Legal Ethics - Austin, TX

  • 3:15 pm
    Adjourn

  • Day 1 October 11, 2012
  • Day 2 October 12, 2012
Download Schedule

Conference Faculty

Bruce A. Atkins

Attorney at Law
Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Mike Bernstein

Attorney at Law
Garland, TX

Mark P. Blenden

Attorney at Law
Dallas, TX

Donna Brown

Attorney at Law
West Lake Hills, TX

Gerald A. Colca

Attorney at Law
Pearland, TX

Vincent P. Dodd

Constable Precinct 2
Austin, TX

Patrick J. Dyer

Attorney at Law
Missouri City, TX

R. David Fritsche

Law Offices of R. David Fritsche
San Antonio, TX

Matias E. Garcia

Barnett & Garcia, PLLC
Austin, TX

Daniel J. Goldberg

Ross, Banks, May, Cron, and Cavin, P.C.
Houston, TX

Hon. Mark Ben Greenberg

County Court At Law #5
Dallas, TX

James V. Hoeffner

Graves Dougherty Hearon & Moody
Austin, TX

Kathleen A. Hurren

Attorney at Law
San Antonio, TX

Morgan Matthew Matson

Barnett & Garcia, PLLC
San Antonio, TX

John Mayer

Ross, Banks, May, Cron, and Cavin, P.C.
Houston, TX

Kell C. Mercer

Brown McCarroll
Austin, TX

Thomas R. Phillips

Baker Botts L.L.P.
Austin, TX

Peter Evans Pratt Jr.

Pratt & Malone, P.C.
Houston, TX

David William Roth

Attorney at Law
Bedford, TX

Stuart R. Schwartz

ScottHulse, P.C.
El Paso, TX

Michael J. Scott

Attorney at Law
Carrollton, TX

Jonathan E. Smaby

Texas Center for Legal Ethics
Austin, TX

Jon H. Snyder

Capitol Process Service
Georgetown, TX

Lynnette R. Warman

Hunton & Williams LLP
Dallas, TX

Planning Committee

Donna Brown—Chair

Attorney at Law
West Lake Hills, TX

Matias E. Garcia—Vice-Chair

Barnett & Garcia, PLLC
Austin, TX

Bruce A. Atkins

Attorney at Law
Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Mike Bernstein

Attorney at Law
Garland, TX

Mark P. Blenden

Attorney at Law
Dallas, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

Patrick J. Dyer

Attorney at Law
Missouri City, TX

R. David Fritsche

Law Offices of R. David Fritsche
San Antonio, TX

Daniel J. Goldberg

Ross, Banks, May, Cron, and Cavin, P.C.
Houston, TX

James V. Hoeffner

Graves Dougherty Hearon & Moody
Austin, TX

Kathleen A. Hurren

Attorney at Law
San Antonio, TX

Stephen W. Lemmon

Brown McCarroll, L.L.P.
Austin, TX

Michael J. Scott

Attorney at Law
Carrollton, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.00 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer and Commercial Law, Civil Trial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.00 hrs  |  3.00 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 15.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Oct 11-12, 2012 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $445.00 Regular pricing: Oct 5, 2012

$495.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $440.00 Regular pricing: Oct 5, 2012

$490.00 for registrations received after this time

Last day for cancellation (full refund): Oct 5, 2012

$50 processing fee applied after this date

Last day for cancellation: Oct 8, 2012

Venue

speaker

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$169.00 good through Sep 10, 2012

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

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