Seminar Announcement: “Nuts and Bolts of Collection Law”

In early November, Richard Klass will help present a seminar entitled The Nuts and Bolts of Collection Law.  This seminar, presented by the National Business Institute, will take place at the Hyatt Place Garden City, in Garden City, New York.  Information follows.

Nuts and Bolts of Collection Law

Date: Wednesday, November 09, 2011

Time: 9:00 am-4:30 pm

Location:

Hyatt Place Garden City
5 North Avenue
Garden City, NY

Facility Phone: 516-222-6277

NBI Product ID#: 57049ER

For more information and to register, follow this link:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-57049ER%7C?ctname=SPKEM
Program Description

Ensure Your Clients Get Paid
Winning a judgment against a bad debt doesn’t necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don’t rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic seminar. Enroll today!

  • Avoid collection activities that violate the FDCPA and/or state laws. 
  • Learn best practices for discovering debtor assets both pre- and post-judgment. 
  • Recognize what provisional and final remedies are available to creditors to collect what is owed. 
  • Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection. 
  • Know the creditor’s rights when collecting debt and when the debtor files for bankruptcy.
 

Who Should Attend

This basic-to-intermediate level seminar is primarily designed for attorneys and other legal professionals. Those who may also benefit from the collection techniques provided include: collection and loan officers, accounts receivable personnel, credit managers, bankers and controllers.

Course Content

  1. The Fair Debt Collection Practices Act (FDCPA) and State Collection Laws
  2. Ethical Issues in Collection
  3. How to Find Debtors and Their Assets
  4. Obtaining a Judgment: A Procedural Guide
  5. Collecting a Judgment: A Procedural Guide
  6. Creditors’ Rights When a Debtor Files Bankruptcy
Continuing Education Credits:

Continuing Legal Education
CLE 7.20 – NJ
CLE 7.00 – NY*

Continuing Professional Education for Accountants
CPE for Accountants: 7.00

Institute of Certified Bankers

ICB: 6.75*

* denotes specialty credits

Agenda

THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) AND STATE COLLECTION LAWS

9:00 – 9:45, Richard A. Klass
Scope of the FDCPA
Understanding the Actions Permitted or Restricted by the Act
Demand Letters: Pitfalls to Avoid
Liability and Defenses
State Collection Laws and Their Application/Preemption
ETHICAL ISSUES IN COLLECTION
9:45 – 10:45, Richard A. Klass
Communication With Clients and Other Parties
Disclosure Issues
Aggressive Collection Practices
Unauthorized Practice of Law
Reporting Professional Misconduct
HOW TO FIND DEBTORS AND THEIR ASSETS
11:00 – 12:00, Michael Cardello III
Prejudgment Discovery Methods
Personal vs. Business Assets
Replevin/Self-Help Repossession Considerations
OBTAINING A JUDGMENT: A PROCEDURAL GUIDE
1:00 – 2:00, Michael Cardello III
Filing the Lawsuit
Service of Process
Affirmative Defenses and Counterclaims
Judgments (Default, Summary, etc.)
COLLECTING A JUDGMENT: A PROCEDURAL GUIDE
2:15 – 3:15, Kenneth H. Wurman
Post-Judgment Discovery
Judgment Liens
Wage and Bank Account Garnishment
Attachments
Writ of Execution/Seize and Sale by Sheriff
Charging Orders
Debtor Slow-Pay Motions
Turnover/Receivership
Exemptions by Debtors
Dealing With Fraudulent Transfers
CREDITORS’ RIGHTS WHEN A DEBTOR FILES BANKRUPTCY

3:15 – 4:30, Michael D. Brofman

Speakers

RICHARD A. KLASS is an attorney in the Brooklyn office of Your Court Street Lawyer. Mr. Klass is an arbitrator for the small claims part of the civil court of the City of New York, County of Kings. He practices in the areas of collections, bankruptcy, debtor and creditor, commercial litigation, legal malpractice, medical malpractice, personal injury, real estate condominium law, family law, divorce, child custody and private placement adoption law, wills, probate, trusts and estates. Mr. Klass has written numerous articles and has lectured frequently for the Brooklyn Bar Association and New York County Lawyers Association, as well as other professional groups and organizations. Mr. Klass is a member of The American Association for Justice, the New York State Bar Association, the New York County Lawyers Association (chair, The Mentoring Program, Group Mentoring Program) and the Brooklyn Volunteer Lawyers Project (Pro Bono Counsel). He earned his B.A. degree from Hofstra University and his J.D. degree from New York Law School.

MICHAEL D. BROFMAN is a member in the New Hyde Park law firm of Weiss & Zarett P.C., where he practices in the areas of bankruptcy law, debtor/creditor rights, non-judicial workouts and commercial litigation. He has lectured for the Nassau County and New York State bar associations on topics relating to his areas of practice, and is a frequent lecturer for National Business Institute on bankruptcy and secured creditor topics. He is a member of the Nassau County (member, Bankruptcy and Bank sections) and the New York State (member, Committee on Bankruptcy Law and General Practice Section) bar associations, the American Bankruptcy Institute and the Volunteer Lawyer’s Project Pro Bono Bankruptcy Panel. Mr. Brofman earned his B.A. degree from the State University of New York at Binghamton and his J.D. degree from Fordham University.

MICHAEL CARDELLO III is a partner in the Litigation Department of Moritt Hock & Hamroff LLP, concentrating in business and commercial litigation. Mr. Cardello represents large and small businesses, financial institutions and individuals in federal and state courts. He has a wide range of experience that includes trials and appellate work in the areas of corporate disputes, shareholder derivative actions, dissolutions, construction disputes, equipment and vehicle leasing disputes and other complex commercial and business disputes. Mr. Cardello earned his B.A. degree in marketing, his M.B.A. degree in finance and his J.D. degree from Hofstra University. While in law school, he was associate editor of the Hofstra Law Review. Mr. Cardello is the current vice-chairman of the Commercial Litigation Committee of the Nassau County Bar Association and also is a member of the Alternative Dispute Resolution and Securities Committee of the Nassau County Bar Association. He lectures on discovery, trial practice, equipment and vehicle leasing issues and e-discovery.

KENNETH H. WURMAN is a partner in the law firm of Naidich Wurman Birnbaum & Maday, LLP, where his practice areas, for more than 30 years, include collections and real estate. Mr. Wurman is a lecturer for National Business Institute on collection matters. He earned his B.S. degree from the State University of New York at Albany and his J.D. degree from New England School of Law. Mr. Wurman is a member of the Nassau County and New York State bar associations.

For more information and to register, follow this link:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-57049ER%7C?ctname=SPKEM

———–

copyr. 2011 Richard A. Klass, Esq.

The firm’s website: www.CourtStreetLaw.com

Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn Heights, New York.

He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions.

Prior results do not guarantee a similar outcome.

R. A. Klass
Your Court Street Lawyer

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Don’t Give Me a Black Russian!

IN 2006, the executor of the estate of a woman who owned a cooperative apartment in Brooklyn attempted to sell the apartment. She first made a contract with a black woman who had two children to sell the apartment for $160,000. The contract of sale provided (as almost all do in cooperative apartment sales) that the buyer had to apply to the coop board for approval of the sale. She applied to the coop board for approval; then, dissention came about between the resident board members and the sponsor-management company. Despite supposedly being “approved” by the residents on the board, the management company claimed that the board was not legally constituted; accordingly, no closing of title would be scheduled.

The buyer elected to file a complaint with the New York State Division of Human Rights, charging that the coop engaged in discriminatory housing practices against her based upon her race. The NYS Division of Human Rights made a determination after investigation that there was “probable cause” to believe that the respondents engaged in discriminatory practices.The executor then attempted to sell the apartment to another person, a young Russian woman whom the board declined to even interview. It started to appear to the executor that a cooperative apartment owner’s fear of having every potential buyer denied, like a revolving door, was happening here.Faced with the possibility of the estate being left with a “dead asset”—an apartment that cannot be disposed of by the estate and continues to incur monthly maintenance charges, the estate turned to Richard A. Klass, Your Court Street Lawyer, for legal assistance to sue the coop board for breach of fiduciary duty, breach of the proprietary lease and housing discrimination.

Breach of Fiduciary Duty:

According to New York State law, the directors of a corporation owe its shareholders a fiduciary duty. The fiduciary duty of a director of a corporation consists of the obligation to perform his duties in good faith, without discriminatory practice, and with the degree of care which an ordinary prudent person in a like position would use under similar circumstances. See, Bernheim v. 136 East 64th Street Corp.,128 AD2d 434 [1 Dept. 1987]. In the Complaint against the coop, it was alleged that the coop board breached its fiduciary duty to the estate as the owner of shares of stock in the corporation and the proprietary lease to the apartment.In a similar case, in which the owner of a cooperative unit sued the board members for rejecting applicants for various reasons, including discriminatory ones, the court noted that the general deference granted to decisions of a cooperative corporation’s board of directors is not unlimited. If those board members act in a manner which is contrary to their duty to act fairly and impartially, courts may review claims of misconduct. Further, upon review, those claims of misconduct may prove actionable against the board members. See, Axelrod v. 400 Owners Corp., 189 Misc.2d 461 [Sup.Ct., NY Co. 2001].

The Estate was “Personally Affected” by Discrimination:

Both New York Executive Law §296 and New York City Administrative Code §8-107 provide that it is an unlawful discriminatory practice for a cooperative housing corporation to discriminate against an applicant based upon his age, race, familial status or religion. Those statutes also provide that it is an unlawful discriminatory practice for any person to aid, abet, incite, or compel the doing of any acts forbidden under those statutes. In Dunn v. Fishbein, 123 AD2d 659 [2 Dept. 1986], the court permitted a Caucasian person to maintain a claim that he was denied an apartment because his roommate was African-American. As was held in Axelrod v. 400 Owners Corp.,189 Misc.2d 461 [Sup.Ct., NY Co. 2001], if the plaintiff can show that she was adversely affected by reason of discrimination perpetrated against the prospective purchasers, she has a cognizable claim for discrimination. The Complaint alleged that the estate was personally affected by the unlawful discriminatory practices of the coop board and coop corporation.

“ Reverse Holdover ”:

The Complaint suggested the creation of a new cause of action under New York law—the concept of a “reverse holdover.” In this case, the estate claimed that the defendants effectively prevented the estate from exercising its right to sell the apartment to another party. Accordingly, it was urged that the defendants should be deemed to have effectively “purchased” the estate’s shares and leasehold interest in the apartment. By their alleged actions, it was claimed that the defendants had rendered this asset of the estate a “dead” asset—it could not be disposed of or sold!Generally, a tenant may be subject to eviction because of a substantial violation of the terms of the tenancy. In this situation, the reverse had occurred—the Complaint claimed that the defendants have committed a substantial violation of the estate’s tenancy. It is axiomatic that in every cooperative corporation, the right to sell a cooperator’s apartment is a valuable right, which ought not be irrationally or arbitrarily taken away. It is safe to say that the whim and caprice of coop boards is one of the prime reasons that people prefer to buy condominiums.In upholding the estate’s Complaint, the judge held that the estate had stated “ cognizable causes of action.” Estate of Cameron v. United Management, Sup. Ct., Kings Co. Index No. 2671/2008. During the pendency of the litigation, the estate found another buyer for the apartment, albeit at a lower price than originally negotiated with the first buyer. The estate, coop board, and management company settled the litigation—the estate sold the apartment for $139,000 and the defendants paid $35,000 to the estate.

by Richard A. Klass, Esq.
 

©2009 Richard A. Klass. Art credits: page one, Man in uniform beside building, yurt in background (1905-1915). Photographer: Prokudin-Gorskii, Sergei Mikhailovich, 1863-1944. Digital color composite made for the Library of Congress by Blaise Agüera y Arcas, 2004. Newsletter marketing by The Innovation Works, Inc.


copyr. 2011 Richard A. Klass, Esq.
The firm’s website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.

R. A. Klass
Your Court Street Lawyer

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