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2011

Collecting Debts and Judgments

Austin Sep 1-2, 2011 AT&T Conference Center
Conference Concluded
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Overview

Join leading experts from around the state, including program chair Donna Brown, for Mastering the Art of Collecting Debts and Judgments.

Don’t miss this program if you are interested in learning how to:

• Evaluate cases for collectability
• Apply expert analysis to asset search results through case studies
• Increase your knowledge of master pleadings and proof for basic and not-so-basic creditor claims
• Draft, renew, revive and domesticate judgments
• Understand what creditors’ lawyers do right and wrong in court, from judges' perspectives
• Ensure that negotiation and communication techniques utilized in your practice comply with ethical rules
• Represent your client’s interests when bankruptcy becomes an issue
• Understand how the Fair Credit Reporting Act affects collection activities
• Defend your default judgments
• Utilize post-judgment collection remedies and discovery to turn judgments into cash
• Keep abreast of federal laws affecting a debt collection practice and actions against individuals

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Event Schedule

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

  • Day 1 September 1, 2011
  • Day 2 September 2, 2011
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Sep. 1, 2011
    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
    0.75 hr
    Pre-Suit Investigations
    An examination of the pre-litigation steps the attorney should take to increase the likelihood of collection, including gathering the file, multiplying defendants, jurisdiction and venue, assessing damages and evaluating defenses.

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

  • 9:45 am
    0.75 hr
    0.25 hr ethics
    Evaluating the Collectability of Your Claim
    This session uses case studies to discuss research, identification and analysis of the debtor's assets.

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

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr ethics
    The Ethics of Pretexting
    This presentation examines the ethical rules and legal standards governing lawyers who participate directly or indirectly in conduct constituting dissemblance or pretexting. 

    John S. Dzienkowski, The University of Texas School of Law - Austin, TX

  • 11:30 am
    0.67 hr
    Creditor Causes of Action: Pleadings and Proof
    Sworn accounts, suits on notes, accounts stated and other not-so-usual suspects, plus pre-trial discovery to provide the proof, are discussed.

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

  • 12:10 pm
    Break to Pick Up Lunch
    Included in conference registration fee.

  • Thursday Afternoon, Sep. 1, 2011
    Presiding Officer:
    Bruce A. Atkins, Attorney at Law - Houston, TX
  • Luncheon Presentation

  • 12:30 pm
    0.75 hr
    0.25 hr ethics
    Judges Panel: The Good, The Bad and The Ugly
    What creditors' lawyers do right and wrong in court.

    Moderator:
    R. David Fritsche, Law Offices of R. David Fritsche - San Antonio, TX
    Panelists:
    Hon. Cactus Jack Cagle, Harris County Civil Court-at-Law No. 1 - Houston, TX
    Panelists:
    Sally L. Montgomery, County Court-At-Law 3 - Dallas, TX
    Panelists:
    Hon. Irene Rios, County Court at Law No. 10 - San Antonio, TX

  • 1:15 pm
    Break

  • 1:30 pm
    0.50 hr
    The Nuts and Bolts of Equipment Leases
    Coverage of common collection issues under leases in and out of bankruptcy, and provisions to aid in the enforcement of leases.

    Richard Kelley, Kelly Hart & Hallman LLP - Austin, TX

  • 2:00 pm
    0.50 hr
    Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act
    Practical application and tips for compliance with the Acts.

    Michael J. Scott, Law Office of Michael Scott - Carrollton, TX

  • 2:30 pm
    0.50 hr
    Fair Credit Reporting Act and Credit Reports: Common Collections Questions
    This session focuses on what collection attorneys need to know about the Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act). Topics addressed include requirements and permissions to run credit reports, steps for reporting bad credit, and other various rights and responsibilities under the law that can be triggered by collection activities.

    Erin F. Fonté, Cox Smith Matthews Incorporated - Austin, TX

  • 3:00 pm
    Break

  • 3:15 pm
    0.50 hr
    Formation of the Judgment and Calculation of Interest
    Considerations when drafting a judgment, including parties, issues, remedies, pre- and post-judgment interest and other necessary bells and whistles.

    Heather Bailey New, Haynes and Boone, LLP - Dallas, TX

  • 3:45 pm
    0.75 hr
    Practice Tips and Strategies for Defending Default Judgments
    How to avoid the most common mistakes that doom default judgments, and how to address the most common attacks on default judgments: motions for new trial, restricted appeals and bills of review.

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

  • 4:30 pm
    0.83 hr
    Evidentiary Issues for the Creditor's Lawyer
    A discussion of common evidentiary issues, how to make objections and how to meet objections.

    Panelists:
    Bruce A. Atkins, Attorney at Law - Houston, TX
    Panelists:
    Sean M. Reagan, Leyh & Payne, L.L.P. - Houston, TX
    Panelists:
    Hon. Eric Montgomery Shepperd, Travis County Court at Law No. 2 - Austin, TX

  • 5:20 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Sep. 2, 2011
    Presiding Officer:
    Matias E. Garcia, Barnett & Garcia PLLC - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Challenges of Proving Assigned and Purchased Debts
    Discussion of sufficiency of evidence, dealing with common objections and affirmative defenses.

    Stephen Niermann, Niermann & Olivo - Carrollton, TX

  • 9:00 am
    1.25 hrs
    Judgment Collection Strategies
    Effective use of post-judgment discovery, remedies and turnover receiverships to turn judgments into cash.

    Moderator:
    Daniel J. Goldberg, Ross, Banks, May, Cron, and Cavin, P.C. - Houston, TX
    Panelists:
    Mike Bernstein, Michael S. Bernstein, P.C. - Garland, TX
    Panelists:
    Donna Brown, Donna Brown, P.C. - West Lake Hills, TX
    Panelists:
    Kathleen A. Hurren, Attorney At Law - San Antonio, TX

  • 10:15 am
    Break

  • 10:30 am
    1.25 hrs
    When It's Not Really Over: Bankruptcy Opportunities for Collection Attorneys
    Are you a half-full or half-empty type of person? The latter can skip this presentation if they dare.

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

  • 11:45 am
    Break to Pick Up Lunch
    Included in conference registration fee.

  • Friday Afternoon, Sep. 2, 2011
    Presiding Officer:
    Donna Brown, Donna Brown, P.C. - West Lake Hills, TX
  • Luncheon Presentation

  • 12:10 pm
    0.50 hr
    Legislative Update

    Shannon Phillips, Independent Bankers Association of Texas - Austin, TX

  • 12:40 pm
    Break

  • 12:55 pm
    0.75 hr ethics
    The Ethics of Negotiation: Are There Any?
    What are the boundaries, borders and gray areas for lawyers involved in negotiations? A fast-paced presentation with points to ponder, hypotheticals to consider and something to smile about.

    Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

  • 1:40 pm
    0.50 hr
    Dead Debtors: Creditor's Claims in Probate
    How to collect a debt against a decedent's estate in probate and options to collect when there isn't a probate.

    Alan S. Leibel, Palmer & Manuel, L.L.P. - Dallas, TX

  • 2:10 pm
    0.58 hr
    Judgments: Domesticating, Renewing and Reviving
    A discussion of how to domesticate, renew and revive judgments.

    Hon. Michael C. Engelhart, 151st Civil District Court - Houston, TX

  • 2:45 pm
    0.50 hr
    A Practical Guide to Collecting Debts in Mexico
    This session examines the nuts and bolts of enforcing a U.S. judgment in Mexico, including the requirements under Mexican law for a judgment to be enforceable, practical considerations and key pitfalls to be avoided.

    David Lopez, Pulman, Cappuccio, Pullen & Benson, LLP - San Antonio, TX

  • 3:15 pm
    Adjourn

  • Day 1 September 1, 2011
  • Day 2 September 2, 2011
Download Schedule

Conference Faculty

Bruce A. Atkins

Attorney at Law
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

Jason Boulette

Boulette & Golden L.L.P.
Austin, TX

Donna Brown

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

Hon. Cactus Jack Cagle

Harris County Civil Court-at-Law No. 1
Houston, TX

Patrick J. Dyer

Law Office of Patrick J. Dyer
Missouri City, TX

John S. Dzienkowski

The University of Texas School of Law
Austin, TX

Hon. Michael C. Engelhart

151st Civil District Court
Houston, TX

Erin F. Fonté

Cox Smith Matthews Incorporated
Austin, 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

James V. Hoeffner

Graves Dougherty Hearon & Moody
Austin, TX

Kathleen A. Hurren

Attorney At Law
San Antonio, TX

Richard Kelley

Kelly Hart & Hallman LLP
Austin, TX

Alan S. Leibel

Palmer & Manuel, L.L.P.
Dallas, TX

Stephen W. Lemmon

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

David Lopez

Pulman, Cappuccio, Pullen & Benson, LLP
San Antonio, TX

Sally L. Montgomery

County Court-At-Law 3
Dallas, TX

Heather Bailey New

Haynes and Boone, LLP
Dallas, TX

Stephen Niermann

Niermann & Olivo
Carrollton, TX

Shannon Phillips

Independent Bankers Association of Texas
Austin, TX

Sean M. Reagan

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

Hon. Irene Rios

County Court at Law No. 10
San Antonio, TX

Stuart R. Schwartz

ScottHulse, P.C.
El Paso, TX

Michael J. Scott

Law Office of Michael Scott
Carrollton, TX

Hon. Eric Montgomery Shepperd

Travis County Court at Law No. 2
Austin, TX

Planning Committee

Donna Brown—Chair

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

Bruce A. Atkins

Attorney at Law
Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Mark P. Blenden

The Blenden Law Firm
Dallas, TX

Patrick J. Dyer

Law Office of Patrick J. Dyer
Missouri City, TX

Michael J. Esposito

University of Texas School of Law
Austin, TX

R. David Fritsche

Law Offices of R. David Fritsche
San Antonio, TX

Matias E. Garcia

Barnett & Garcia PLLC
Austin, 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

Tracy W. McCormack

The University of Texas School of Law
Austin, TX

Sean M. 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 – 13.00 hrs  |  2.00 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  |  2.00 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 – Sep 1-2, 2011 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $435.00 Regular pricing: Aug 26, 2011

$485.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $430.00 Regular pricing: Aug 26, 2011

$480.00 for registrations received after this time

Last day for cancellation (full refund): Aug 26, 2010

$50 processing fee applied after this date

Last day for cancellation: Aug 29, 2011

Venue

speaker

AT&T Conference Center

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

Accommodations

$159.00 good through Sep 1, 2011

Parking Information

Free Daily Self-Parking at UT garages. Separate fees apply for valet and overnight parking.

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