Day 1 – October 15
8:30 – 8:55 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
8:55 – 9:00 a.m.
WELCOME & INTRODUCTION
– George E. Warner, Jr., Course Chair
9:00 – 9:50 a.m.
Minnesota Collections: Current
Developments and Emerging Trends
Stay abreast of recent developments and
hear from one of the founding attorneys of the new Minnesota
Creditors’ Rights Association about significant substantive and
procedural matters evolving in the collections environment.
– Derrick N. Weber
9:50 – 10:30 a.m.
FDCPA "Battle Royale" – Are the
Consumers or the Debt Collectors Really Right?
Two preeminent, experienced
practitioners on opposite sides of the issues present an
intermediate-level session covering common FDCPA violations, their
prevention and defense, and best practices for consumer/retail
collection matters.
– Peter F. Barry & John K. Rossman
10:30 – 10:45 a.m.
BREAK
10:45 – 11:30 a.m.
Sailing the Seas of Bankruptcy: A
Creditor’s Perspective
A look at rights, remedies and
obligations flowing out of the Bankruptcy Code, the Federal Rules of
Bankruptcy Procedure, and state statutes. Prohibited Creditor
actions under the Code’s Automatic Stay; filling out proofs of claim
and obtaining adequate protection; Creditor’s rights and relief from
the stay; adversary proceedings and objections to Debtor discharges,
and protecting Creditor’s claim during plan confirmation and
distribution of the estate.
– Benjamin J. Court
11:30 a.m. – 12:15 p.m.
The Intersection of Collections and
Family Law
Seasoned family law and collections
counsel discuss the unique issues facing family law attorneys and
commonly-occurring situations melding family law and collection
matters.
– R. Leigh Frost & George E. Warner,
Jr.
12:15 – 1:00 p.m.
LUNCH (provided by Minnesota CLE)
1:00 – 2:00 p.m.
Point-Counterpoint: How Plaintiffs
and Defendants Diverge on the FDCPA
Expanding on their morning session and
working with several real-life scenarios, John and Pete will discuss
how each views a particular set of facts relevant to how things are
drafted and pled (e.g., complaints, motions for protective orders,
motions to dismiss, etc.)
– Peter F. Barry & John K. Rossman
2:00 – 2:10 p.m.
BREAK
2:10 – 3:10 p.m.
Compliance with the FDCPA and
Consequences of Non-Compliance
What does the Fair Debt Collection
Practices Act require of debt collectors; FDCPA application to
attorneys collecting certain debts; using voicemail to collect
consumer debts – FDCPA overlay; consequences of non-compliance; and
defenses to FDCPA claims. Analysis will include Zortman v. JC
Chirstensen & Associates (Minn. District Court 2012).
– Michael A. Klutho
3:10 – 3:20 p.m.
BREAK
3:20 – 4:20 p.m.
The Top Ten Considerations for the
New Receivership and Assignment for the Benefit of Creditors
Statutes – New Law
The purpose of the new Statutes;
identify key distinctions between the new Receivership Statute and
the old one; identify distinct requirements for Receiverships
containing real property; explain how Receivers handle executory
contracts and the distribution of Receivership assets, and introduce
or re-introduce the Assignment for the Benefit of Creditors Statute.
Analysis will include Minn. Stat. §576 & 577.
– James A. Bartholomew & Samuel J.H.
Sigelman
Day 2 – October 16
8:30 – 9:00 a.m.
CONTINENTAL BREAKFAST
9:00 – 9:50 a.m.
Conciliation Court Developments and
Practice
Senator Ortman, Conciliation Court Judge
Bauch, and Mercedes Gustafson present a discussion of the recent
changes to conciliation court jurisdiction and its expected impact
from the perspective of the legislature, the bench, and creditor’s
counsel.
– Conciliation Court Judge Walter G.
Bauch, Senator Julianne Ortman & Mercedes A. Gustafson
9:50 – 10:30 a.m.
Conciliation Court from A to Z
Building on the prior session, hear from
the Court and counsel how best to present and defend claims,
represent clients, and use the conciliation court process to resolve
disputes as efficiently and effectively as possible.
– Conciliation Court Judge Walter G.
Bauch & Mercedes A. Gustafson
10:30 – 10:45 a.m.
BREAK
10:45 – 11:30 a.m.
Practical Debtor Representation:
Common Questions and Current Issues
Attorneys whose clients are facing
collection matters present counsel with a unique set of challenges.
Hear from Minnesota’s own Randall Ryder about consumer rights and
consumer privacy issues, and get the defense perspective of the
world of debt buyers, debt collectors, and debt collection law
firms.
– Randall P. Ryder
11:30 – 11:45 a.m.
QUESTIONS & ANSWERS
11:45 a.m. – 12:30 p.m.
LUNCH (provided by Minnesota CLE)
12:30 – 1:30 p.m.
Issues Involving Health Care Related
Debt
What differentiates health care debt
from other debt; insurance issues involved, how to represent the
health care professional/entity; and mechanics of a health care
claim. Analysis will also include Attorney General involvement and
regulation of non-profit hospitals.
– D. Scott Erickson
1:30 – 1:40 p.m.
BREAK
1:40 – 2:40 p.m.
Exemption Practice in Minnesota
Both collection and debtor’s counsel
alike need to be familiar with and able to navigate the web of state
and federal exemptions available to Minnesota residents. Get a
detailed explanation of the available exemption schemes from an
experienced bankruptcy practitioner.
– L. Kathleen Harrell-Latham
2:40 – 2:50 p.m.
BREAK
2:50 – 3:50 p.m.
Real Estate Execution
Real property often represents the
best-available means to collect on an outstanding court ordered
judgment. Learn the basics of attachment, perfection, and
enforcement of judicial liens and how to execute on non-exempt real
property from seasoned counsel.
– Heidi L. Staloch