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Product ID: 388023EAU
 
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Commercial Collection Liability Issues

OnDemand Webinar (79 minutes)

Benefits of attendance: Collect for your clients without trouble! Avoid problems with clever debtors! Stay up-to-date on current case law. You will gain an understanding of current creditor issues in collecting commercial debts. Focus will be on unsecured debts with some discussion of UCC issues. For instance, in the current economy, small and large businesses continue to tackle problems with accounts receivable and their own cash flow. This OnDemand Webinar will address how you can help your business clients stay on top of their receivables and insulate themselves from avoidable defenses. This program will also cover current trends in case law that impact the collection process.

Authors

Michael R. Bosse, Esq., Bernstein, Shur, Sawyer & Nelson
Wendy J. Paradis, Esq., Bernstein, Shur, Sawyer & Nelson

Agenda

Document Issues to Consider Before Enforcement

  • Payment Terms
  • Attorney's Fees, Jury Waiver, Consent to Jurisdiction Issues
  • Guarantees, Limitations on Liability, Integration Clause
  • Alternative Dispute Resolution Clauses

Preparing and Filing the Complaint

  • Supporting Documents

- Invoices, Statements, Correspondence, Credit Application, Commitment Letter

  • Status of Legal Entity Responsible for Debt and Status of Guarantors
  • Causes of Action (Breach of Contract, Unjust Enrichment, etc.) and Possible Affirmative Defenses
  • Dealing With Defenses vis a vis Arbitration/Mediation

Parties' Acts, Conduct and Communication After, Default, Cure, Acceleration Notices

  • Correspondence, Phone Conversations, Email and Text Messages
  • Creditor's Post Default 'Promises'
  • UCC Notices

Bankruptcy Issues

  • Protecting Against Preference Claims
  • Availability of Nondebtor Recourse
  • Post Bankruptcy Protections

Current Case Law