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2010

Collecting Debts and Judgments


Austin Sep 2-3, 2010 Hyatt Regency Austin
Conference Concluded
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Overview

UT Law's new program, chaired by noted expert Donna Brown, brings together leading experts from around the state to provide a practical and comprehensive toolkit for both experienced practitioners and new entrants to the field.

Topics include post-judgement remedies every litigator needs to know and be prepared to use; multiplying defendants: whom to invite to the party; careful fee agreements and proving your attorney's fees in litigation; and a variety of investigative, evidentiary and pre-trial tools that will enable you to master the art of collecting debts and judgments.

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Event Schedule

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

  • Day 1 September 2, 2010
  • Day 2 September 3, 2010
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Sep. 2, 2010
    Presiding Officer:
    Donna Brown, Donna Brown, P.C. - West Lake Hills, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.50 hr
    Abstracts of Judgment, Writs of Execution and Turnover Proceedings
    The post-judgment remedies every litigator must know about and be prepared to use.

    Donna Brown, Donna Brown, P.C. - West Lake Hills, TX

  • 9:30 am
    0.75 hr
    Pre-Suit Investigation and Discovery Issues
    This session discusses both the pre-litigation steps the attorney should conduct to increase the likelihood of collection and the methods of gathering evidence once suit is filed, including subpoenaing records from financial institutions and other third parties.

    Stuart R. Schwartz, ScottHulse, P.C. - El Paso, TX

  • 10:15 am
    0.50 hr
    0.25 hr ethics
    Multiplying Defendants: Whom to Invite to the Party
    Evaluating whether and whom to sue, as well as thinking outside the box with an eye to collectability.

    Steven B. Treu, Langley & Banack, Inc. - San Antonio, TX

  • 10:45 am
    Break

  • 11:00 am
    0.50 hr
    Creditor Causes of Action
    Sworn accounts, suits on notes, accounts stated and other not-so-usual suspects.

    Mark P. Blenden, The Blenden Law Firm - Dallas, TX

  • 11:30 am
    0.50 hr
    Evaluating Financial Data
    Evaluating credit reports, tax returns, financial statements and accounting records to assist in determining collectability and to detect actionable conduct.

    Lynn Hamilton Butler, Brown McCarroll, L.L.P. - Austin, TX

  • Thursday Afternoon, Sep. 2, 2010
    Presiding Officer:
    Stuart R. Schwartz, ScottHulse, P.C. - El Paso, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:15 pm
    0.50 hr ethics
    Ten Commandments of Ethical Collections
    Ethical issues particular to collecting debts and judgments.

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

  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr
    Attachment and Sequestration
    An in-depth analysis of attachment and sequestration with a special emphasis on how to file, what defenses to expect and how to respond to common concerns by the court.

    Joseph Wayne Wagner Jr., Haynes and Boone, LLP - Dallas, TX

  • 1:30 pm
    0.50 hr
    Injunction
    Uses of the injunction remedy to stop the bad guy, preserve assets and increase collectability.

    Dulcie Green Wink, The Wink Law Firm, PLLC - Katy, TX

  • 2:00 pm
    0.50 hr
    Garnishment
    When and how to pursue the garnishment remedy both pre- and post-judgment. Also covered, special rules relating to financial institutions as garnishees.

    Kathleen A. Hurren, San Antonio, TX

  • 2:30 pm
    Break

  • 2:45 pm
    0.50 hr
    Summary Judgment Proof
    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, Houston, TX

  • 3:15 pm
    0.75 hr
    0.25 hr ethics
    Trial Issues and Useful Trial Tactics for the Creditor's Lawyer
    This session covers trial issues, including custodian of records issues, out-of-town or out-of-state client representatives when the dollar amount is nominal or collection is uncertain, and challenges of purchased debt. Trial tactics covered include depositions on written questions for a "witnessless" trial, defending business records affidavits, and affidavits as to cost and necessity, plus offering into evidence discovery responses and other authenticated records.

    Sean Michael Reagan, Leyh & Payne, L.L.P. - Houston, TX

  • 4:00 pm
    0.50 hr
    Formation of the Judgment and Calculation of Interest
    Considerations when drafting a judgment include parties, issues, remedies, pre- and post-judgment interest and other necessary bells and whistles. Session materials include a must-have checklist.

    Co-Author:
    Anne M. Johnson, Haynes and Boone, LLP - Dallas, TX
    Heather Bailey New, Haynes and Boone, LLP - Dallas, TX

  • 4:30 pm
    0.50 hr
    Defending Default Judgments
    Defending your default judgments against motions for new trial, restricted appeals and bills of review.

    Patrick J. Dyer, Law Office of Patrick J. Dyer - Missouri City, TX

  • 5:00 pm
    0.50 hr
    Turnover Receiverships
    When to use receiverships, the application for appointment, proving that appointment of a receiver is warranted, what powers the order should include and how it all works.

    Mike Bernstein, Michael S. Bernstein, P.C. - Garland, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Sep. 3, 2010
    Presiding Officer:
    Matias E. Garcia, Barnett & Garcia PLLC - Lakeway, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    1.50 hrs
    0.50 hr ethics
    Representing Creditors in Bankruptcy
    The nuts-and-bolts of representing creditors in bankruptcy, including the first meeting of creditors and how to read the schedules, reclamation rights, claims and administrative claims, objections to exemptions, objections to discharge and complaints to determine dischargeability, involvement with the trustee, evaluating a plan, and how involuntary bankruptcy works.

    James V. Hoeffner, Graves Dougherty Hearon & Moody - Austin, TX
    Stephen W. Lemmon, Brown & McCarroll, L.L.P. - Austin, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    New Bankruptcy Exemptions and Exceptions to Discharge
    An overview of exemption limits under the bankruptcy code and provisions to limiting the discharge of certain debts.

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

  • 11:00 am
    0.50 hr ethics
    The Careful Fee Agreement, and Proving Your Attorney Fees in Litigation: Controlling Case Law and Ethics Rules
    Carefully manage your fee agreements with clients, and know the precedents for keeping attorney's fees awards in litigation.

    James Holmes, The Schmidt Firm - Dallas, TX

  • 11:30 am
    0.50 hr
    Fraudulent Transfers
    Recognizing, pleading and proving fraudulent transfers.

    Richard Allen Simmons, Waldron & Schneider, L.L.P. - Houston, TX

  • Friday Afternoon, Sep. 3, 2010
    Presiding Officer:
    Donna Brown, Donna Brown, P.C. - West Lake Hills, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:15 pm
    0.75 hr
    0.25 hr ethics
    The FDCPA and Data Security
    Practical compliance with the FDCPA and avoiding security breaches.

    Manuel H. Newburger, Barron, Newburger & Sinsley, PLLC - Austin, TX

  • 1:00 pm
    Break

  • 1:15 pm
    0.75 hr
    Commercial Landlord/Tenant
    Events of default, judicial and non-judicial remedies, enforcement of statutory and contractual liens, and distress warrants.

    R. David Fritsche, Law Offices of R. David Fritsche - San Antonio, TX

  • 2:00 pm
    0.75 hr
    Exemptions Under State Law
    Evaluating personal property and homestead exemption claims in state court proceedings.

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

  • 2:45 pm
    Break

  • 3:00 pm
    0.50 hr
    Service Members Civil Relief Act (SMCRA)
    The SMCRA, its latest revisions and how it affects default judgments and foreclosures, plus how to prove the debtor is not an active duty member of the armed forces—and what to do if the defendant is on active duty.

    Donald L. Turbyfill, Devlin, Naylor & Turbyfill, P.L.L.C. - Houston, TX

  • 3:30 pm
    0.50 hr
    Article 2 Cases and Excuses
    Proving up an Article 2 case when the sworn account is denied; elements, evidence and overcoming defenses with Article 2's unique ammunition.

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

  • 4:00 pm
    0.50 hr
    Drafting and Enforcing Mediated Settlement Agreements
    You've just spent an entire day mediating your case. You've got a deal and now it's time to put it in writing. This session covers practical aspects of drafting mediated settlement agreements, including a comprehensive form settlement agreement to take with you to mediation.

    Patrick Keel, Mediator-Arbitrator - Austin, TX

  • 4:30 pm
    Adjourn

  • Day 1 September 2, 2010
  • Day 2 September 3, 2010
Download Schedule

Conference Faculty

Bruce A. Atkins

Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Mike Bernstein

Michael S. Bernstein, P.C.
Garland, TX

Mark P. Blenden

The Blenden Law Firm
Dallas, TX

Donna Brown

Donna Brown, P.C.
West Lake Hills, TX

Lynn Hamilton Butler

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

Patrick J. Dyer

Law Office of Patrick J. Dyer
Missouri City, TX

R. David Fritsche

Law Offices of R. David Fritsche
San Antonio, TX

Matias E. Garcia

Barnett & Garcia PLLC
Lakeway, TX

Daniel Jacob Goldberg

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

James V. Hoeffner

Graves Dougherty Hearon & Moody
Austin, TX

James Holmes

The Schmidt Firm
Dallas, TX

Kathleen A. Hurren

San Antonio, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Patrick Keel

Mediator-Arbitrator
Austin, TX

Stephen W. Lemmon

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

John Mayer

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

Heather Bailey New

Haynes and Boone, LLP
Dallas, TX

Manuel H. Newburger

Barron, Newburger & Sinsley, PLLC
Austin, TX

Sean Michael Reagan

Leyh & Payne, L.L.P.
Houston, TX

Stuart R. Schwartz

ScottHulse, P.C.
El Paso, TX

Richard Allen Simmons

Waldron & Schneider, L.L.P.
Houston, TX

Steven B. Treu

Langley & Banack, Inc.
San Antonio, TX

Donald L. Turbyfill

Devlin, Naylor & Turbyfill, P.L.L.C.
Houston, TX

Joseph Wayne Wagner Jr.

Haynes and Boone, LLP
Dallas, TX

Dulcie Green Wink

The Wink Law Firm, PLLC
Katy, TX

Planning Committee

Donna Brown—Chair

Donna Brown, P.C.
West Lake Hills, TX

Allen Lee Adkins

Allen L Adkins & Associates PC
Lubbock, TX

Bruce A. Atkins

Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Mike Bernstein

Michael S. Bernstein, P.C.
Garland, TX

Mark P. Blenden

The Blenden Law Firm
Dallas, TX

Patrick J. Dyer

Law Office of Patrick J. Dyer
Missouri City, TX

R. David Fritsche

Law Offices of R. David Fritsche
San Antonio, TX

Matias E. Garcia

Barnett & Garcia PLLC
Lakeway, TX

Daniel Jacob Goldberg

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

James V. Hoeffner

Graves Dougherty Hearon & Moody
Austin, TX

Kathleen A. Hurren

San Antonio, TX

Stephen W. Lemmon

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

Hon. David Phillips

Travis County Court At Law No. 1
Austin, TX

Sean Michael Reagan

Leyh & Payne, L.L.P.
Houston, TX

Stuart R. Schwartz

ScottHulse, P.C.
El Paso, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 14.50 hrs  |  2.25 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 – 14.50 hrs  |  2.25 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 – 17.00 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 – Sep 2-3, 2010 – Hyatt Regency Austin
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $435.00 Regular pricing: Aug 27, 2010

$485.00 for registrations received after this time

Last day for cancellation (full refund): Aug 27, 2010

$50 processing fee applied after this date

Last day for cancellation: Aug 30, 2010

Venue

speaker

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Accommodations

$159.00 good through Aug 2, 2010

Parking Information

$5 daily self-parking, $18 overnight valet

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