LEGAL SYMPOSIUM    |   Meeting Agenda and Schedule (Download PDF)

NACM Connect Headquarters
3005 Tollview Drive
Rolling Meadows, IL 60008

WEDNESDAY    |    FEBRUARY 19  |   ROOM B

TIME EVENT
8:30 — 9:30 AM

Arbitration Bad: Jurisdiction Good
Donald Mausar, Weltman, Weinberg & Reis Co., L.P.A.

Join us in learning about the pros and cons of contractual Arbitration Provisions. The contractual arbitration provisions approach will be compared to and contrasted from contractual jurisdiction provisions. Related topics in this session include litigation as tool towards collections, and the business analysis behind the investment of court cost, what you get for your money when it comes to court costs, and how much should you spend in court costs on any given matter.

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9:45 — 10:45 AM

Commercial Litigation: Top Ten Ways to Lose at Trial
Howard Weber, Law Office of Howard B. Weber

This presentation will focus on the most common procedural and substantive defenses that can lead to a creditor’s failure to prove its debt at trial. The seminar will feature practical tips and strategies to avoid the pitfalls in pursuing debt collection suits by going through a step-by-step analysis of preparing a claim for suit, examination of the documentation supporting the claim and the steps required for effective communications with the client in preparation for trial.

NO PRESENTATION AVAILABLE

11:00 AM — 12:00 PM

Collections to Bankruptcy – Best Chance for Recovery
Kirk Burkley and Raymond Wendolowski, Bernstein, Burkley, P.C.

This seminar will help credit and collection professionals prepare for the possibility of bankruptcy filings from their customers, will enable them to develop policies and procedures to better prepare for this eventuality, and will allow them to better understand the do’s and don’ts of preparing for and handling an account that goes into bankruptcy.

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1:00 — 2:00 PM

Personal Guarantees and Bankruptcy – Stay, Claim and Dischargeability Issues
Beau Hays, Hays Potter & Martin, LLP

What is the effect of a bankruptcy on the personal guaranty? Who can you proceed against when a bankruptcy gets filed? And what issues arise when the guarantor gets a discharge? This program will look at the state of the law regarding creditors and guarantors and best practices for protecting your claims from the evils of bankruptcy.

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2:15 — 3:15 PM

Nuts & Bolts of Bankruptcy Law
Reuel Ash, Ulmer & Berne LLP

Reuel will cover several topics of basic bankruptcy law from a creditors’ rights perspective, including the different types of bankruptcy; basic concepts of bankruptcy procedural law; what constitutes a bankruptcy estate; the automatic stay and how a creditor obtains relief from the automatic stay; how creditors get paid in different bankruptcy cases; the role of trustees in bankruptcy; avoidance actions such as preferences and fraudulent transfers, and the treatment of contracts and leases in bankruptcy.

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WEDNESDAY    |    FEBRUARY 19  |   ROOM A

TIME EVENT
8:30 — 9:30 AM

Post-Judgment Collection and Perfecting Security Interests in Illinois
Randall Woolley, Askounis & Darcy, PC

Chicago-based attorney will provide overview of Illinois law regarding supplementary proceedings and practical tips for enforcing judgments in Illinois. Specific topics will include filing citations, recording judgments, and collection options once assets are discovered. Session will also address issues regarding perfection of security interests in equipment, inventory and titled property and obtaining mechanic’s liens.

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9:45 — 10:45 AM

Social Media and Cybersecurity
Wanda Borges, Borges and Associates

Most people today are familiar with the terms “Phishing”, “Hacking” and “Malware”. Those terms are accepted as activities to get access, connections, and information to create a transaction where an entity can profit from an unauthorized or illegal activity. The term “Cyber security” refers to the body of technologies, processes, and practices designed to protect networks, devices, programs, and data from attack, damage, or unauthorized access. Cyber security may also be referred to as information technology security. This program has been designed to educate the credit executive about cyber-fraud and steps which may be taken to protect you and your company from these crimes.

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11:00 AM — 12:00 PM

Avoiding Avoidance Actions
Ronald R. Peterson, Jenner & Block

Mr. Peterson shall start with preference actions and point out two important changes that will take effect on January 1, 2020. Venue and Good faith. He will then review the latest cases on the affirmative defenses. On fraudulent transfers he will mention the new test for establishing a fraudulent transfer made with the actual intent to delay, hinder and defraud. Finally tuition claw backs, the latest rage in higher ed and how it applies to all businesses.

NO PRESENTATION AVAILABLE

1:00 — 2:00 PM

What’s in Your Contract?: The Three Biggest
Contractual Pitfalls
Tim Wan, Wan Law Group PLLC 

What’s In Your Contract? The Three Biggest Contractual Pitfalls – Venue and Jurisdiction, Arbitration Clause, Interest and Late Charges. We will cover the three biggest contractual pitfalls.
1. Where do you sue? Do you sue in the jurisdiction where the debtor is? Or sue pursuant
to the venue clause and/or home state and then domesticate where the debtor is?
2. When Arbitration works, and when it doesn’t.
3. Are you adding interest or late fees? Can you?

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2:15 — 3:15 PM

Creating the Perfect Credit Policy
Tom Fawkes and Brian Jackiw, Goldstein & McClintock

Risk can be mitigated through the institution of a formal credit policy, and during this presentation we will discuss the benefits of a thoughtful and carefully-crafted policy, both within the company and in dealings with customers. A sound credit policy can increase consistency in dealing with troubled accounts, reduce conflict among sales and credit professionals and enhance protections in the event that a customer becomes insolvent. Best practices and sample credit policies will be shared as well as suggestions on how to sell your company on adopting a formal credit policy.

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