Creation of the Debt
• Promissory notes, guarantees
• Indirect lending
• Consumer vs. commercial
• Principles of collection management
• The importance of having a written collection policy
• Sample collection policies
• Effective credit management and credit risks
• Negotiating settlements
Collecting on Delinquent Accounts
• Good phone tactics
• Gathering information—privacy
• Payment arrangements—what works
• Bend, don’t break debtor
• Negotiation—the art of the deal
• Communication breakdown—What to do when you can’t talk to your member
• Most common excuses and what to do
Collections Trifecta: Letters, Skip Tracing and Technology
• The do’s and don’ts of collection letters
• Keys to a good collection letter
• Skip tracing basics
• Best skip tracing resources
• Technology—how it impacts collection efforts
• Using social media
The Legal Process
• Retaining an attorney
• Referral form
• Correct information and data
• Jurisdictional limits
• Service of process
• Working with process servers
• Obtaining a judgment
• Collecting a judgment
• Levies and garnishments
• Abstract of judgment
• Consumer Financial Protection Bureau
• The Fair Debt Collection Practices Act
• The Fair Credit Reporting Act
• Miscellaneous laws and regulations
• State vs. Federal
• The Bankruptcy Code: An Overview
• Chapter 7
• Chapter 11
• Chapter 13
• Petition Filing
• The Automatic Stay
• Bankruptcy “Estate”
• Case Administration
Creditors: What You Can and Can’t Do
• Secured vs. Unsecured
• 910 claims
• Adequate Protection
• Relief from the Automatic Stay
• Non-Filing Co-Debtors
• Reaffirmation Agreements
• Dismissal vs. Discharge
Secured Creditors: Common Issues
• Automobile liens
• Shares—a credit union’s lien
• Personal/Signature Loans—cash on the eve of filing
• Use, sale or lease of property
• Turnover orders
• Valuation of the secured collateral
• Lien avoidance
• Exceptions to discharge
Gino Marchetti is the Managing Partner of Taylor, Pigue, Marchetti & Blair and has been with the firm since 1977.
Gino received his undergraduate degree from Vanderbilt University and J.D. from the University of Tennessee.
Gino is active in numerous national and international organizations including the International Association of Defense Counsel (President, 2007-08), Defense Research Institute (Board of Directors, 2006-09), Lawyers for Civil Justice (President, 2011-12), and on the Executive Committee for the National Foundation for Judicial Excellence, which annually provides a seminar for 150 Supreme Court and Appellate Court Judges from across the country. Gino also serves as a State Coordinator for Justice Sandra Day O’Connor’s iCivics, an internet-based, interactive educational program to reinvigorate civics in classrooms across the nation emphasizing the value of an independent judiciary.
Since 1988, Gino has served as General Counsel to The Catholic Diocese of Nashville and has worked closely with other dioceses and churches on a number of issues including sexual abuse and crisis management. Gino is also active in the National Diocesan Attorneys Association, the Tennessee Defense Lawyers Association, the Canon Law Society of America and Association of Defense and Trial Attorneys.
He has been designated a Mid-South SuperLawer in business litigation for several years and included in Best Lawyers of America as well as Best Lawyers Internationally in Business Litigation and the International Who’s Who in Product Liability Defense.
Registration at 8:45 a.m.
Sessions from 9:00 a.m. to 4:00 p.m. each day
Lunch is provided at noon
DoubleTree Suites by Hilton Hotel Nashville Airport
2424 Atrium Way
Nashville, TN 37214
Room Rate: $139
Room cut-off date: March 7, 2017
Remember to bring your letters of tax exemption.
Registration $699; Early Bird rate: $599 if received by March 17, 2017.
CUs with assets less than $5 million, free.
Non-Affiliated Credit Unions $899. Early bird $799.
Business casual. Be sure to bring a sweater, as personal comfort levels vary.
Refunds will be issued until 10 days prior to the conference, less a $50 administration fee per person. Substitutions accepted anytime. All cancellations and substitutions must be submitted in writing.