CLLA 129th National Convention

Wednesday, Thursday & Friday
May 17 -19, 2023

Swissotel Chicago
Chicago, IL 60601

CLICK ON THE DAY BELOW TO VIEW THE PRESENTATION SCHEDULE

Wednesday, May 17, 2023

PRESENTATIONS

Thursday, May 18, 2023

PRESENTATIONS

Friday, May 19, 2023

PRESENTATIONS

Wednesday, May 17

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

4:00  – 5:00 P.M. CST

5:00 – 6:00 P.M. EST

2:00 – 3:00 P.M. PST

OPENING KEYNOTE
ETHICS – NOBODY NEEDS IT… UNTIL THEY GET CAUGHT

Speaker: Dr. Dale Henry, Your Best Unlimited, Kingston, TN

This is a must workshop for everyone, including lawyers and collection agency professionals, preparing for management and leadership. It is the misunderstood and most slippery slope of organizational empowerment. No one really gets hurts by twisting the truth a little – right? Everyone wants to do the right thing – right? Nope! We want to do the easy thing. In this empowering and life changing presentation everyone will leave with a new understanding of – and appreciation for – the power of self-ethical monitoring.

Thursday, May 18

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

8:45  – 9:45 A.M. CST

9:45 – 10:45 A.M. EST

6:45 – 7:45 A.M. PST

LEGISLATIVE FORUM 

   

SPEAKERS: Daniel Kerrick, Hogan McDaniel, Wilmington, DE; Jeffrey N. Schatzman, Schatzman & Schatzman, P.A., Miami, FL; Conor Kelly, Webster, Chamberlain & Bean, LLP, Washington, DC; Lori Frank, Markoff Law PLLC, Southfield, MI

Join the CLLA’s legislative chairs and lobbyist as they discuss and update legislative, amicus and grassroot activities impacting the credit and finance industry. They will discuss matters such as bankruptcy venue reform, forgiveness/discharge of student loans, third-party releases, and the expansion of consumer protections into commercial transactions and other developing issues. This is an important panel for creditors’ rights and bankruptcy practitioners and will also provide an opportunity to members to help determine what specific issues to pursue on Capitol Hill for the industry and the CLLA.

10:00  – 11:00 A.M. CST

11:00 A.M. – 12:00 P.M. EST

8:00 – 9:00 A.M. PST

ENCROACHMENT OF CONSUMER LAWS UPON COMMERCIAL COLLECTION PRACTICES

 

SPEAKERS: Daniel Kerrick, Hogan McDaniel, Wilmington, DE; Lori Frank, Markoff Law PLLC, Southfield, MI

A review and analysis of the impact of recent consumer laws and regulations upon commercial law practices.

HOT TOPICS IN BANKRUPTCY CASE LAW

   

SPEAKER: Ronald R. Peterson, Jenner & Block LLP, Chicago, IL

This session will be a summary of important bankruptcy cases decided through March 31, 2023, including three recently decided U.S. Supreme Court cases (assuming the two U.S. Supreme Court cases that were argued recently will be decided by then).

11:15 A.M.  – 12:15 P.M. CST

12:15 – 1:15 P.M. EST

9:15 – 10:15 A.M. PST

PIERCING THE CORPORATE/LLC VEIL IS A REALITY: YOU CAN MAKE IT HAPPEN!

 

SPEAKER: Timothy Wan, Esq., Smith Carroad Wan & Parikh, Smithtown, NY

Creditors’ attorneys are faced with an increasing demand for asset location, judgment enforcement, and debt recovery, all while debtors are attempting to shield their assets. Effectively using the tools to pierce the corporate/LLC veil and find alter ego liability is essential to satisfy debts and judgments. Learn the strategies, tactics, and methods, in four specific real-life case studies which led to a seemingly uncollectible debt being collected. The application of litigating against corporate/LCC shells, navigating complex corporate liability issues, applying Successor-in-Interest, De Facto Merger, and Alias Theory will be discussed.

MEDIATING BANKRUPTCY DISPUTES: A GHOST-RUNNER ON SECOND OR NEED A NEW GAME?

 

SPEAKERS: Candice Kline, Saul Ewing Arnstein & Lehr, LLP, Chicago, IL; Hon. Judi Fitzgerald (Ret.), Tucker Arensberg, PC, Pittsburgh, PA; Leslie Berkoff, Morritt Hock & Hamroff, LLP, New York, NY

Bankruptcy practice relies on mediation from preferences to chapter 11 plan formulation and confirmation, and many other claims and litigation disputes in a wide variety of settings, including appeals. The use and practice of mediation has generated some debate among academic and practitioner commentators, suggesting the issue is well developed for discussion. What are the pros/cons of current practices for mediating bankruptcy settlements for plan confirmation purposes? Is mandatory mediation akin to a “tax” for parties, i.e., in preference actions and chapter 11 plan disputes, does mediation provide real value? What other mediation and ADR models should be considered, including the use of staff mediator programs? Among observers and practitioners, what best practices and opportunities for reform are worth highlighting? For example, is recourse to mediation appropriate if what is being mediated is a potentially unconfirmable plan? If mediation drags on, are there any mechanisms that could encourage efficiency? Who decides which players should have a seat at the table in the mediation? What about discovery and confidentiality complications? Is there value to transparency and accountability, or is that overrated? How does transparency and accountability dove-tail with confidentiality requirements?

1:30 – 2:30 P.M. CST

2:30 – 3:30 P.M. EST

11:30 – 12:30 P.M. PST

WIRE TRANSFERS AND CHECKS: FRAUD AND LOSS–WHO PAYS?

 

SPEAKERS: Carter H. Klein, Jenner & Block LLP, Chicago, IL; Beverly Weiss Manne, Esq., Tucker Arensberg, Pittsburgh, PA

How do your clients pay for goods and services? Wire transfers? Checks? Payment fraud losses worldwide are in the billions of dollars. Losses due to fraud worldwide increased by 14% in 2021. Who gets stuck with the loss when a payment order or a check is fraudulent? This panel will address issues related to several payment systems (wire transfers – UCC Article 4A, and checks – UCC Articles 3 and 4) and the allocation of the risk of loss arising from, among other things, fraud.

HOW TO WIN AN APPEAL — PERSUASION TO AN APPELLATE COURT

 

SPEAKERS: Hon. Joan Feeney (Ret.), JAMS, Boston, MA; Hon. Eugene R. Wedoff (Ret.), US Bankruptcy Court, Northern District of IL, Chicago, IL; Hon. Mary Ann Whipple, US Bankruptcy Court, Northern District of OH, Toledo, OH

Bankruptcy appeals present unique challenges. The panel of judges will offer guidance on bankruptcy appellate practice while also providing tips beneficial to all attorneys arguing a matter before a court. The panel will address when an appeal is available, including how to determine whether a bankruptcy order is final. Attendees will learn the factors to consider when choosing a forum, a choice that varies substantially from circuit to circuit. For example, practitioners must determine whether to take a direct appeal to the circuit court or an intermediate appeal to the district court or bankruptcy appellate panel, an option only in the First, Sixth, Eighth, Ninth, and Tenth Circuits. The panelists will offer their expertise on how to best present an appeal orally and in writing, including how to address technical issues before a tribunal that lacks bankruptcy expertise, as well as on how to decide whether to take an appeal—including the potential risks that should be considered—and how to handle relations with the client.

2:45 – 3:45 P.M. CST

3:45 – 4:45 P.M. EST

12:45 – 1:45 P.M. PST

BEST PRACTICES FOR COLLECTION AGENCIES AND ATTORNEYS

   

SPEAKERS: Robert Ash, AMS, a Radius Global Solutions Company, Fair Lawn, NJ; Ravi Batta, Rosenfeld Stein Batta, PA, Aventura, FL; Bryan Rafferty, Commercial Collection Corp. of NY, Tonawanda, NY

The more things change, the more they remain the same. The practice of commercial litigation and judgment enforcement has changed over the years. Security cameras, lockboxes, controlled buildings make service of process more difficult. Are there alternatives available today through social media and internet use by which that legal process can be served and parties/assets can be located? Is every case worthy of suit? Partnerships between agencies and attorneys can be complicated. Attorneys and agencies need to get to know each other and how they operate so they can provide better services to the clients as each office is different. As always, prompt and accurate communication is essential to keep clients apprised of the case status and to lead to better end results. Credit professionals have changed and are often younger persons with little or no actual credit background, wearing multiple hats and many times not the final decision maker. These panelists will discuss these and other issues that agencies and attorneys face each day and provide tips on how to better manage commercial cases to achieve the best results for the clients.

GET REAL! REAL ESTATE ISSUES IN UNCERTAIN ECONOMIC TIMES

 

SPEAKERS: Jack Rose, JR2G, LLC, Bronxville, NY; Beverly Weiss Manne, Esq., Tucker Arensberg, PC, Pittsburgh, PA; Hon. Donald R. Cassling, US Bankruptcy Court, Northern District of IL, Chicago, IL

The panelists will address how to approach issues in bankruptcy involving real estate and the impact of uncertainty in the markets. As interest rates and inflation continue their rise and economists struggle to predict what comes next, practitioners must deal with the reverberations in the bankruptcy world and determine how best to resolve valuation fights, cash collateral and adequate protection disputes, and other issues related to leasehold interests, executory contracts, plan confirmation, and § 363 sales. The panel will address the various valuation methodologies and how the typical battle of the experts has evolved to account for economic uncertainty. The panel will also discuss financing options available to distressed companies inside and outside of bankruptcy, the advantages of bankruptcy over other reorganization alternatives (including tax advantages), and what practitioners are likely to see when lenders change practices and/or reorganization efforts fail.

Friday, May 19

Swissotel Chicago, 323 East Upper Wacker Drive, Chicago, IL 60601

8:30 – 9:30 A.M. CST

9:30 – 10:30 A.M. EST

6:30 – 7:30 A.M. PST

UNRAVELING THE COMPLEXITIES OF CONSIGNMENT AGREEMENTS UNDER UCC ARTICLES 2 AND 9 IN TRANACTIONAL WORK, STATE COURT LITIGATION AND IN BANKRUPTCY PROCEEDINGS–PART 1

   

SPEAKERS: Hon. Deborah Thorne, US Bankruptcy Court, Northern District of IL, Chicago, IL; Wanda Borges, Esq., Borges & Associates, Syosset, NY; Yasamin N. Kaye, Goldberg Kohn, Chicago, IL; Catherine L. Steege, Jenner & Block LLP, Chicago, IL; Gilbert M. Singer, Marcadis Singer P.A., Tampa, FL

Clients sometimes believe a consignment agreement is a sure-fire way to protect their receivables and enter into consignment agreements without understanding the steps necessary to obtain a truly enforceable consignment agreement. An unperfected consignment agreement can spell trouble for a client in state court litigation and disaster for a creditor in a bankruptcy proceeding. These panelists will discuss the nuances necessary to enable our clients to create enforceable consignment agreements in state court litigation and when confronted with a bankruptcy proceeding. Discussion will include the mandates for an enforceable consignment agreement and the pitfalls which abound in these types of contracts.

9:45 – 10:45 A.M. CST

10:45 – 11:45 A.M. EST

7:45 – 8:45 A.M. PST

UNDERSTANDING THE BASICS OF CRYTOCURRENCY AND DIGITAL ASSETS

  

SPEAKERS: Owen G. Hare, Esq., Friedman, Framme & Thrush PA, Owings Mills, MD; Brad Council, Slovin & Associates Co., LPA, Cincinnati, OH

While the recent bankruptcies of crypto currency exchanges such as FTX, Celsius, and BlockFi have kept creditors’ rights and bankruptcy attorneys especially busy, the cryptocurrency and digital assets space remains an ever-evolving labyrinth of confusing concepts and technologies for most lawyers. This program is designed to provide practitioners a basic understanding of the concepts underlying technologies such as cryptocurrencies, NFTs, digital tokens, and other digital assets. The panel will also discuss the panoply of collection, regulatory, and bankruptcy issues that remain pervasive in this space.

UNRAVELING THE COMPLEXITIES OF CONSIGNMENT AGREEMENTS UNDER UCC ARTICLES 2 AND 9 IN TRANACTIONAL WORK, STATE COURT LITIGATION AND IN BANKRUPTCY PROCEEDINGS–PART 2

   

SPEAKERS: Hon. Deborah Thorne, US Bankruptcy Court, Northern District of IL, Chicago, IL; Wanda Borges, Esq., Borges & Associates, Syosset, NY; Yasamin N. Kaye, Goldberg Kohn, Chicago, IL; Catherine L. Steege, Jenner & Block LLP, Chicago, IL; Gilbert M. Singer, Marcadis Singer P.A., Tampa, FL

Clients sometimes believe a consignment agreement is a sure-fire way to protect their receivables and enter into consignment agreements without understanding the steps necessary to obtain a truly enforceable consignment agreement. An unperfected consignment agreement can spell trouble for a client in state court litigation and disaster for a creditor in a bankruptcy proceeding. These panelists will discuss the nuances necessary to enable our clients to create enforceable consignment agreements in state court litigation and when confronted with a bankruptcy proceeding. Discussion will include the mandates for an enforceable consignment agreement and the pitfalls which abound in these types of contracts.