Presentation Descriptions

Day 1 – Wednesday, May 5

Welcome/General Session

Timothy Wan, Smith Carroad Levy Wan & Parikh, Commack, NY 

The Sale of a Business and Fraudulent Transfers

Ted Hamilton, Wetherington Hamilton PA, Tampa, FL

This session will focus on the Uniform Fraudulent Transfer Act, also known as the Uniform Voidable Transfer Act along with the bankruptcy discharge exceptions in relationship to potential ways for a creditor to challenge as a fraudulent or voidable transfer or voidable transfer of funds paid to the seller of a business. The session will also focus on the value of “good faith” and whether the money attributed to “good faith” might be challengeable as a fraudulent transfer in either bankruptcy court or in a collections case.
PRESENTATION PDF

Triadic Panel

Robert Ash, Windham Professionals, Inc., Fair Lawn, NJ
Richard Payne, Morrison & Payne, Toronto, ONT

The triadic system is the foundation upon which the CLLA is built. How can we best assist our partners in the triad through these challenging times and be ready for prosperity when it returns?
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Electronic Signature Acts (Uniform and Otherwise): Recent Changes and Current Case Law

Wanda Borges, Borges & Associates, LLC, Syosett, NY
Lorna Walker, Law Office of Sweet & Walker, PC, San Francisco, CA

Despite the passage of the federal Electronic Signatures in Global and National Commerce (“ESIGN”) Act in 2000 and the creation of the Uniform Electronic Transactions Act (“UETA”) in 1999, not all states have adopted or follow these statutes. Some states have their own versions of these statutes, such as the New York Electronic Signatures and Records Act (“ESRA”) and the Arizona Electronic Transaction Act (“AETA”). In recent years, and most importantly, since the onslaught of the coronavirus, many states have revised their notarization statutes to provide for online/electronic notarization of documents for court and real estate transactions. Even the SEC revised Rule 302(b) in light of COVID-19 concerns. This program will discuss these statutes generally and specifically with respect to current litigation concerning the enforceability of electronic signatures.
PRESENTATION PDF

The Small Business Reorganization Act-Subchapter V: A Year Later

Eric Van Horn, Spencer Fane, Dallas, TX; 
Robert Charbonneau, Agentis, PLLC, Coral Gables, FL
Zach Shelomith, Leiderman Shelomith Alexander + Somodevilla, PLLC, Ft. Lauderdale, FL

The panel will discuss the Small Business Reorganization Act and how it has impacted the bankruptcy process during the one year since its enactment. Specifically, the panelists’ will cover the Subchapter V of Chapter 11 the United States Bankruptcy Code, which is a “Small Business Debtor Reorganization”. Topics include an overview of the panelists’ experiences with Subchapter V during the last year, an update of relevant Subchapter V cases that were decided in the last one year, and a practical discussion from both the debtor’s attorney perspective and the creditor’s attorney perspective.
PRESENTATION PDF

Day 2 – Thursday, May 6

Legal Ethics in the Movies

Ben Farrow, Anderson Williams & Farrow, Montgomery, AL

Our speaker will use 5-6 television and movie clips to demonstrate some typical ethical issues and apply the model rules to provide guidance.
PRESENTATION PDF

Mistakes I Made as a Beginner Collector

Brad Lohner, Priority Credit Management Corp., Richmond Hill, ONT

In my presentation, I will re-live my formative years as a new collector, going through the highs, lows, and lessons learned. It takes at least one year of “apprenticeship” for an inexperienced person to understand consumer debt recovery’s practical aspects and an additional year for commercial debt recovery. Understanding new employees’ mindsets and struggles,
trainers and management can shorten the learning curve and increase staff retention.
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PRESENTATION PDF

The TCPA: Where We Were Then, Where We Are Now, and Where We Hope to Be Soon

Nicole Stricker, Messer Strickler, Ltd., Chicago, IL

The TCPA serves to limit the technology we can legally use to communicate over the past two years, however, court decisions throughout the nation have differed as to the application of the TCPA to that equipment. As we are poised for a decision to resolve the circuit split at the Supreme Court in Facebook, this presentation will explore what we think the law will be when all is said and done.
PRESENTATION PDF

Annual Case Law Update from the Supreme Court and Courts of Appeal

Ron Peterson, Jenner & Block, LLP, Chicago, IL

Ron Peterson will deliver his annual case law update. He will review the major U.S. Supreme Court and Courts of Appeals decisions.
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PRESENTATION PDF

Day 3 – Wednesday, May 12

Legislative Forum

Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE
David Goch, Webster, Chamberlain & Bean, Washington, DC
Peter Califano, Cooper, White & Cooper, LLP, San Francisco, CA
Zach Shelomith, Leiderman Shelomith Alexander + Somodevilla, PLLC, Ft. Lauderdale, FL

Join the CLLA’s legislative chairs and lobbyist as they discuss and update legislative, amicus and grassroots activities impacting the credit and finance industry. They will discuss key COVID-19 federal and state legislation, a Chapter 10 overview, the status of bankruptcy venue reform and initiatives in support of the extension of Subchapter V, the student loan crisis and preference reform. This is an important panel for creditor’s rights and bankruptcy practitioners and to discover how to get involved in these critical issues for the industry.
PRESENTATION PDF

Alternative Fee Arrangements and the Different Ways Forwarders and Receivers Can Send
and Receive Cases

Timothy Young, Esq., Moderator, Smith Carroad Levy Wan & Parikh, Commack, NY
Chris S. Young, Esq., Business & Technology Law Group, Columbia, MD
Tony Terry, Continental Recovery and Filing Solutions (CRF), Simi Valley, CA
Donna Sweet, Continental Recovery and Filing Solutions (CRF), Simi Valley, CA
Robert Ash, Windham Professionals, Inc., Fair Lawn, NJ
Ray Wendolowski, Bernstein-Burkley, P.C., Pittsburgh, PA

We all know the general and customary way we as forwarders and receivers do business. Governed by the Operative Guides, there is not prescription nor proscription for what fees are proper. Sometimes it’s a flat contingent percentage of what is recovered. Sometimes there’s a lower percentage, and an additional percentage as a suit fee. Sometimes it’s the old 20/18/13 plus a suit fee. But what about other creative and alternate fee arrangements? I’m going to dive into some hypotheticals, and a panel of experts, to get their take and thoughts on some of the innovate, or maybe not innovate, but hot button topics!
PRESENTATION PDF

UCC Filings, Mechanics’ Liens

Ryan Hatton, Gurstel Law Firm PC, Golden Valley, MN

10,000-foot overview of the mechanic’s lien process and utilization of UCC financing statements to secure payment obligations.
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COVID, Calamity and the Code: New Challenges in Distressed Real Estate

Candice Kline, Saul Ewing, LLP, Chicago, IL; 
Jack Rose, Rosenberg & Estis, PC, New York, NY

This panel will discuss issues affecting real estate during the Covid-19 crisis in pre-bankruptcy and bankruptcy cases. These issues include rent abatement and payment, force majeure clauses, and business interruption insurance litigation. The panel will also discuss a recent trend in real estate bankruptcies to complete the case in under 40 days, and whether this trend may continue.
PRESENTATION PDF

Day 4 – Thursday, May 13

Collecting Outstanding Receivables: How to Make More Money for Your Business in
Challenging Times

Stan Hammerman, Hammerman & Hultgren, PC, Phoenix, AZ
Tina Ziegler, Hammerman & Hultgren, PC, Phoenix, AZ 

Stan Hammerman and Tina Ziegler have been working together for more than 26 years helping their clients collect outstanding receivables. In this presentation they share their ideas with you about the following:
1. How to evaluate a new claim including collectability and legal review.
2. How to manage litigation strategy.
3. How to manage client needs in a post-COVID environment.
4. How technology and COVID have changed the world of litigation and how to best serve your clients in this environment.
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Going Paperless and the Compliance Issues Involved
(Full presentation deck available LIVE only. The recording will provide AUDIO only.)

Larry Butterfield, Specialized Attorney Services, Inc., Louisville, KY
Lauri Hudson, Hudson Law Offices PC, Turnersville, NJ

Getting bogged down with files and the sheer volume of paper? Are you being left behind in this digital age? Do you often think of taking your office paperless, but just do not know where to start? In this session, we will discuss an example of how your law firm or agency can shed its physical files. We will also discuss the regulatory and compliance issues involved with taking your
office paperless.

Seizing Stock

Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE

This program illustrates the fundamentals of execution on business ownership interests and the practical issues associated with converting those interests into recovery for the client.
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Perspective from the Bench: Bankruptcy Judges Address Latest Challenges Facing
Debtors and Creditors

Hon. Janet Baer, US Bankruptcy Court, Northern Illinois District, Chicago, IL
Hon. Judith Fitzgerald (ret.), US Bankruptcy Court (Retired), Pittsburg, PA
Hon. Paul W. Bonafel, US Bankruptcy Court, Northern District of Georgia, GA

The judges panel will discuss current trends and offer insights on wide range of issues arising due to COVID and recent developments in bankruptcy law.
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Annual Awards/Closing Remarks

Questions?

Please contact  Dawn Federico or call 312.240.1400
For information visit https://clla.org

Contact

 

Commercial Law League of America
3005 Tollview Drive
Rolling Meadows, Illinois 60008
Phone: 312.240.1400  Fax: 847.584.3939  Email: info@clla.org