Educational Articles

AFTER SIX MONTHS OF INCREASES, SMALL-BUSINESS OPTIMISM DROP

(Scope, May 2012, May 2012)

(read more)

DEBT COLLECTIONS IN FRANCE

(Commercial Law World, May/June 2012, May 2012)

Find out what you need to know to effectively navigate the French legal system. (read more)

Personal Guarantees: How Helpful Are They?

(A personal guarantee may aid in collection of outstanding receivables--if certain key elements are in place., April 2012)

A personal guarantee may aid in collection of outstanding receivables--if certain key elements are in place. (read more)

Los Angeles Superior Court's Presiding Judge Announces Courtroom Closures

(Los Angeles Superior Court Public Information Office, April 2012)

The Los Angeles Superior Court today announces plans for the most significant reduction of services in its history. By June 30, 2012, the Court will reduce its staff by nearly 350 workers, close 56 courtrooms, (read more)

Commercial Bankruptcy Filings Fall 20 Percent from Previous Year

(reprinted from Scope, March 2012)

Total bankruptcy filings in the United States decreased 14 percent in January over last year... (read more)

Collecting Through the Legal Process

(reprinted from Scope, December 2011)

Every story has two sides. This is an important concept to keep in mind not only in life, but also when developing a litigation strategy with a client... (read more)

The Training Retention-Chain

(reprinted from Scope, December 2011)

You can have the very best training material available for your employees, however if your employees do not retain the information, your results can be less than satisfying... (read more)

9 Ways To Defend A Preference Action Without Really Trying--And One More

(Commercial Law World, November-December 2011, December 2011)

Find out how to respond when a trustee embarks on a collection effort (read more)

Protecting Your Liens & Bond Rights: What You Need to Know

(reprinted from Scope, October 2011)

There are 50 states, as we all know, but would you have known that there are also 50 sets of mechanic's lien laws and procedures? Yes, each state has its own mechanic's liens to follow and if you are involved in collections of a construction nature, it's important to know some general concepts of mechanic's liens and also to inform your clients of these general concepts... (read more)

Tales From The Front: The Penguin Shows His Wings

(reprinted from Debt3, June 2011)

Our faithful columnist finds himself again facing Judge Penguin - this time in a case involving a previously unenforced law... (read more)

Reciprocal Enforcement of Foreign Judgments (Well, Sometimes Anyway!)

(reprinted from Debt3, June 2011)

Judgments in persona (that is, for example, money judgments) obtained in one state are enforceable in another state in the U.S., providing that certain procedural requirements are met. This is pursuant to the Sister State Money Judgments Act, which gives full faith and credit to such judgments. Money judgments obtained in another country are enforceable similarly under the Uniform Foreign Money Judgments Recognition Act. Reciprocity from other countries is another story... (read more)

Basics of Bankruptcy

(reprinted from Scope, May 2011)

Bankruptcy, a topic no one really likes to talk about, is still a topic collection professionals need to know about and be able to answer questions from clients concerning very basic questions on bankruptcy... (read more)

Foreign Collections: Collections In Ireland

(reprinted from Debt3, February 2011)

As always, local representation can be key to successfully collecting debt in another country. Attorney Jason Harte, of the law firm of Mason, Hayes + Curran in Dublin, offers insight on international practices in Ireland... (read more)

Fraudulent Conveyance/Transfer Law; An in-depth look at statutory history, choice of law issues - and an introduction to applications of Ponzi scheme litigation

(reprinted from Debt3, February 2011)

For as long as there have been debts and creditors, debtors have been motivated to evade repayment... (read more)

Offshore Is Not Out Of Touch; Post-Judgment Enforcement Against Customers Of Offshore Judgment Debtors

(reprinted from Debt3, February 2011)

Nearly 400 years ago, in "Doctor Faustus," Christopher Marlowe wrote, "Was this the face that launch'd a thousand ships, and burnt the topless towers of Ilium? Sweet Helen, make me immortal with a kiss."1 Had Christopher Marlowe taken up a modern day career as an IP litigator, he would have re-written the line: "Was this the Gucci bag that launched a thousand knockoffs?"... (read more)

Tales From The Front: It's Hard To Keep A Conspiracy Theorist Down

(reprinted from Debt3, February 2011)

Five years ago, we commenced a routine, run-of-themill action for emergency medical and surgical services, to the tune of approximately $22,000, for services rendered to... (read more)

Foreign Collections: Collections In Jamaica

(reprinted from Debt3, December 2010)

As always, local representation can be key to successfully collecting debt in another country. Attorney Kedian T. Francis, of the Jamaica-based Law Office of Kedian T. Francis, offers insight on international practices... (read more)

Tales From The Front: Off With His Head

(reprinted from Debt3, November/December 2010, December 2010)

I think that judges do indeed have a difficult and taxing job. The balance between making decisions based on the law and equity, while avoiding foisting ones’ personal opinion is difficult. I will never remark on this delicate task (read more)

Your Debtor Corporation is Defunct…Now What?

(reprinted from Scope, November 2010, November 2010)

Once you are certain that the corporation you are looking into is defunct and no longer operating, the first thing you will want to do is… (read more)

I’m Not Paying – Tips and Tactics to Deal with Debtor Stalls and Excuses

(reprinted from Scope, June 2010, June 2010)

In good economic times and bad, debtors will have excuses as to why they are not going to pay. Their reasons for not paying may differ but the excuses will most likely stay the same. Regardless, it’s important to know how to handle these excuses in order to get payment, especially in a challenging economy (read more)

Foreign Collections; Ten Questions And Answers To A Foreign Collection Lawyer: Brazil

(reprinted from Debt3, May/June 2010, June 2010)

As always, local representation can be key to successfully collecting debt in another country. However, Brazil-based attorney Dr. Rafaele Turkienicz offers insight on international practices in this issue’s Q&A… (read more)

Foreign Collections; Ten Questions And Answers To A Foreign Collection Lawyer: England

(reprinted from Debt3, March/April 2010, April 2010)

As always, local representation can be key to successfully collecting debt in another country. However, England- based attorney Steven A. Frieze offers insight on international practices in this issue’s international Q&A… (read more)

Detecting Fraud in Financial Statements

(reprinted from Debt3, March/April 2010, April 2010)

In January 2009, Ramalinga Raju of India, founder and chairman of Satyam Computer Services, confessed to years of accounting fraud that had inflated the company’s balance sheets and income statements. The amount of fraud was initially put at $1.5 billion dollars and later raised to $3.02 billion… (read more)

Tales From The Front: The Cost Of Keeping A Situation Confidential

(reprinted from Debt3, March/April 2010, April 2010)

Some of my previous missives and columns in this esteemed publication have dealt with judges with an agenda or attorneys who act unprofessionally in the courtroom… (read more)

The New Face of Canadian Bankruptcy and Insolvency Laws; Could recent changes to Canada’s laws affect your business?

(reprinted from Debt3, March/April 2010, April 2010)

Canadian corporate reorganizations are undertaken under either the Bankruptcy and Insolvency Act (the “BIA”) or the Companies’ Creditors Arrangement Act (the “CCAA”). Both statutes provide insolvent debtors with the opportunity to restructure their affairs… (read more)

Accounts Receivable Outsourcing: Expedite Cash Flow Through Receivables Outsourcing

(Collage, Spring 2010, April 2010)

Business Process Outsourcing (BPO) continues to gain momentum as more businesses recognize tangible benefits... (read more)

Foreign Collections; TEN QUESTIONS AND ANSWERS TO A FOREIGN COLLECTION LAWYER: Israel

(reprinted from Debt3, January/February 2010, February 2010)

Are there any problems with a U.S. claimant pursuing a claim against a debtor on your country… (read more)

Tales From the Front: Arguing in the Alternative; How to Lose Your Case Lickety-Split

(reprinted from Debt3, January/February 2010, February 2010)

At the New York Meeting in November, I met another attorney, whom I shall call, “Fake Rich Little,” who enthusiastically wanted to share his own tale from the front with me. Perhaps in flattery, mimicry or even mockery of my missives, Little began to passionately and painstakingly detail a story of how he was embroiled in a “heated” (or, from my perspective “lukewarm”) litigation… (read more)

Foreign Collections; Ten Questions And Answers To A Foreign Collection Lawyer: Italy

(reprinted from Debt3, November/December 2009, December 2009)

As always, local representation can be key to successfully collecting debt in another country-however; Italy based attorney Giorgio Corno offers insight on international practices in this issue of international Q&A’s… (read more)

Legal Aspects of Collecting an Account Receivable

(reprinted from Debt3, November/December 2009, December 2009)

When an attorney has a case referred to his office for collection, he should immediately acknowledge the claim in writing to the client or forwarder. Upon receiving a claim on behalf of a creditor, the attorney will first attempt to collect the money amicably… (read more)

He Should Have Been Like George Washington – Not Jim Carrey

(reprinted from Debt3, September/October 2009, October 2009)

Sometimes my Debt3 articles are laden with attempts at humor and filled with pop culture references. But today, however, I relate a cautionary tale — to remember that reputation and integrity are an attorney’s most valuable commodities… (read more)

Foreign Collections; Ten Questions and Answers To a Foreign Collection Lawyer: Quebec, Canada

(Reprinted from Debt3, September/October 2009, October 2009)

As always, local representation can be key to successfully collecting debt in another country-however; Quebec based attorney David Franklin offers insight on international practices in this issue of international Q&A’s… (read more)

Tales From The Front: Good Cop, Bad Cop, Good Settlement

(Reprinted from Debt3, July/August 2009, August 2009)

In the metaphorical battle that is litigation, I can’t tell you the number of cases we’ve had in which defendants’ attorneys who are fighting for clients with no cognizable defense terrorize us by burdening us with procedure, burying us under paper and trying every stalling tactic possible… (read more)

Foreign Collections; Ten Questions and Answers To a Foreign Collection Lawyer: France

(Reprinted from Debt3, July/August 2009, August 2009)

As always, local representation can be key to successfully collecting debt in another country-however; France based attorneys Paul de Dree and Katia Boneva-Desmicht offer insight on international practices in this issue of international Q&A’s… (read more)

What Is a CLLA Certified Agency?

(Reprinted from Debt3, July/August 2009, August 2009)

For more than 30 years, the Commercial Collection Agency Association (CCAA) of the Commercial Law League of America has worked to elevate the standards of the commercial collection industry… (read more)

Foreign Collections; Ten Questions and Answers To a Foreign Collection Lawyer: Holland

(Reprinted from Debt3, May/June 2009, June 2009)

As always, local representation can be key to successfully collecting debt in another country — however, Holland-based attorney Jan Hazes offers insight on international practices in this series of international Q&A’s that will appear in Debt3… (read more)

Don't Be "That" Guy (or Gal)

(reprinted from Debt3, March/April 2009, April 2009)

In this day and age, it's timely (and trendy) to talk about "economic stimulus", "recession", and of course, "increasing recovery." One thing to not forget, amidst the tightening of belts and the unfortunate downsizing... (read more)

Foreign Collections; Ten Questions and Answers To a Foreign Collection Lawyer: Germany

(reprinted from Debt3, March/April 2009, April 2009)

As always, local representation can be key to successfully collecting debt in another country — however, Germany-based attorney Andreas Langner offers insight on international practices… (read more)

Enforcing Civil Money Judgments

(reprinted from Debt3, January/February 2009, February 2009)

Once a civil money judgment has been granted, several issues arise when deciding how to enforce that judgment… (read more)

COMMERCIAL CLAIMS IN DENMARK

(reprinted from Debt3, January/February 2009, February 2009)

Danish law has, in line with other Nordic legal systems, codes and statutes, and certain areas regulated only by case law. The Kingdom of Denmark consists of the country of Denmark, Greenland and the Faroe Islands. Differences may occur for regulations of Greenland and the Faroe Islands… (read more)

Why Do Judges ~ Enjoy Tormenting Me?~ (Or,The Ballad of the Loaded, Bored, Jerky, Defendant)

(reprinted from Debt3, September/October 2008, October 2008)

One of the main areas of my practice is in medical bill collections. Our firm represents dozens of hospitals and health care providers in New York. I’ve probably conducted over five hundred trials and arbitrations… (read more)

CONSTRUCTION LIENS IN CANADA

(reprinted from Debt3, July/August 2008, August 2008)

RATIONALE FOR CONSTRUCTION LIEN ACT: A landowner for whom construction is being performed, must have regard to the provisions of the Construction Lien Act (the "Act") if he is to avoid paying for the work more than once… (read more)

Can a Mad King Make a Knight Exile Himself?

(reprinted from Debt3, July/August 2008, August 2008)

Now, our firm runs the gamut from commercial, retail, and medical collections, and we frequent the same Courts in New York from the City Boroughs to Long Island. This particular action was but a mere eight miles down the road, at a Court we are in all the time… (read more)

Collecting Debts In Poland

(reprinted from Debt3, March/April 2008), April 2008)

The following is a general overview of the most important aspects of debt collection procedure in Poland… (read more)

"I Don't Even Shop at Abercrombie & Fitch" THE SECOND IN A SERIES OF MISADVENTURES FROM AN ATTORNEY IN THE FRONT LINES

( reprinted from Debt3, January/February 2008, February 2008)

If you were lucky, (or unlucky, if you prefer), you may have read my first missive, "Catching Flies With Sugar Substitute," in which I described an unfortunate experience that I had with a Judge in a Civil Court of New York... (read more)

Ponzi Schemes In Bankruptcy

(reprinted from Debt3, November/December 2007, December 2007)

Ponzi schemes were so named after confidence man Charles Ponzi, who invented a scheme to profit from foreign exchange arbitrage through the purchase and redemption of postal coupons after World War I… (read more)

Tales from the Front: Catching Flies with Sugar Substitute

(reprinted from Debt3, November/December 2007, December 2007)

I have learned a few things about the stigma attached with being a “collections attorney.” Firstly, collections attorneys inexplicably and peculiarly transform into “commercial litigation attorneys” somewhere around the five figure mark… (read more)

Enforcement of Foreign Judgments in Japan

(reprinted from Debt3, September/October 2007, October 2007)

In recent issues, we have reviewed the procedure that applies to the enforcement of foreign judgments in (read more)

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