Handling Your Post-Judgment Files

Obtaining a judgment may seem easier than keeping it, effectively enforcing it and collecting your money. The effective use of judgments and developing a strategy toward effective enforcement can be confusing. Learn how to assure that your judgment is effective and can be enforced in and out of the jurisdiction where the judgment was entered.

Learn how judgment liens can be secured and enforced for maximum leverage, including registration outside of the jurisdiction. Identify issues in advance of bankruptcy, how to avoid them and how to address the avoidance powers of the Chapter 7 trustee.

Receive guidance as to how to avoid the discharge, as well as identify and describe various methods of effective discovery, including supplemental proceedings examinations of the judgment debtor and third-persons. Identify exemption issues and what to look for in tracing assets for possible fraudulent transfers.

Learning Objectives:

• You will be able to discuss obtaining and securing judgment liens.
• You will be able to explain surviving bankruptcy and collecting through the bankruptcy.
• You will be able to discuss locating assets.
• You will be able to identify availability of assets for execution/exemption issues.

This Live Webinar Covers These Hot Issues:

Judgments

• Enforceability
  
• Duration and Renewal

Judgment Liens

• Obtaining and Securing Judgment Liens
  
• Prerequisites to Enforcement
  
• Registering Liens Outside of the Jurisdiction, Including Registration of Foreign or Sister State Judgments

Surviving Bankruptcy and Collecting Through the Bankruptcy

• Proofs of Claim When and How to File Them
  
• Avoidance of Liens in Bankruptcy Including Judgment Liens by the Chapter 7 Trustee:
• How to Respond to the Motions by the Trustee or the Debtor
  
• Preferential Transfers Under 11 USC §547: How to Avoid and Defend Them
  
• Identifying Nondischargeability Issues to Your Benefit

Locating Assets

• Supplemental Proceedings Examinations – Judgment Debtor Examinations
  
• Examining Third-Parties With Information
  
• Document Discovery: What to Look for and How to Use It
  
• Fair Debt Collection Practice Act Considerations
  
• Tracing Assets to Third-Parties: Establishing Fraudulent Transfers or Successor Liability

Availability of Assets for Execution/Exemption Issues

• Fraudulent Transfers
  
• Unauthorized Transfers
  
• The Automatic Stay
  
• The Discharge Injunction

Credit Information (Sponsored by Lorman Education Services)

• CLE
• CPE
• NASBA

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Faculty

Russell D. Garrett, Jordan Ramis PC

• Shareholder with Jordan Ramis PC
• Practice focuses on creditors’ rights, bankruptcy, commercial and bankruptcy litigation, and real estate matters
• Admitted to practice in both Oregon and Washington state bars, the federal district bars in Oregon and Washington, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court
• Regularly represents creditors and bankruptcy trustees, and also serves as a Chapter 7 panel trustee for the Western District of Washington
• Routinely speaks on practice issues relating to creditors’ rights, bankruptcy, ethics and insolvency matters
• Written many articles relating to creditor issues
• Member of the executive committee for the Washington Bar Debtor-Creditor Section, and serves as a delegate to the Oregon State Bar House of Delegates
• Serves as a lawyer representative to the Ninth Circuit and as a trustee for the Federal Bar Association in the Western District of Washington
• J.D. degree, Willamette University College of Law, where he served as a member of the law review
• Can be contacted at russ.garrett@jordanramis.com