agenda · 2019-08-05 · agenda (cont’d) national creditors bar association national office, 8043...

9:00 a.m. - 12:30 p.m.Legends FG, Level 2

11:30 a.m. - 6 p.m.Level 2

Noon - 6 p.m.Level 2, adjacent to the registration desk

Noon - 5 p.m.

1 - 4 p.m.Legends D, Level 2

4:30 - 6 p.m.Level 2, Grand View Terrace

5:30 - 6:30 p.m. Music Row 2, Level 2

6 - 8 p.m. Legends ABC, Level 2

7 a.m. - 6:30 p.m. Level 2

7:30 - 8:45 a.m.Legends D, Level 2

8 a.m. - noonLevel 2

8 a.m. - 5 p.m.

8:50 - 9:50 a.m.Legends FG, Level 2

8:50 - 10:30 a.m.Legends E, Level 2

National Creditors Bar Association Board of Directors Meeting (All National Creditors Bar Association Members welcome)

Registration Desk open

Voting Station open

Client Individual Meetings (By invitation only)

Client Group Meeting: Capital One (By invitation only.)

Welcome ReceptionSponsored by the Defense BarBefore you head out for dinner with your colleagues and clients, join your fellow National Creditors Bar Association members for this casual mixer with cocktails and light appetizers. It’s a great opportunity to reconnect with colleagues you haven’t seen in a while and make new friends.

Professional Women in the Collection Industry “PWCI” Cocktail SocialSponsored by Smith Debnam Narron Drake Saintsing & Myers, LLPPWCI is a fast growing network of professional women in the credit, collection and call center industry. Please join PWCI for their conference social.

NCBA New Member / First Time Attendee DinnerSponsored by InsperityIf you are a NCBA New Member or First-Time Attendee to an NCBA Conference, we want to welcome you! Be our guest for a special dinner at the Omni Nashville Hotel. Join us for introductions, conversation, good food and fun while meeting leadership of the organization and fellow first time attendees and new members. RSVP to [email protected]


Silver Anniversary BreakfastStart the day off with a delicious breakfast and join some of our past Presidents as we look back on 25 years of the Association. We’ll also be presenting this year’s NCBA Awards, so don’t miss it!

Barron & Newburger’s Espresso SidebarYou may approach the bench! The barrister, er, barista is here all morning to pour you a custom espresso drink to start your morning.

Client Individual Meetings (By invitation only.)

Client Group Meeting: Credit Acceptance (By invitation only.)

Client Group Meeting: American Express(By invitation only.)

Wednesday, October 3

Thursday, October 4

Agenda

Agenda subject to change.

1 National Creditors Bar Association 2018 Fall Conference

Agenda (cont’d)

National Creditors Bar Association National Office, 8043 Cooper Creek Blvd., Suite 206, University Park, FL 34201Phone (202) 861-0706 | Fax (240) 559-0959 | Website www.creditorsbar.org | Email [email protected]

9 - 10 a.m.Broadway A-D, Level 2


10 - 10:30 a.m.Level 2

10:10 - 11:10 a.m.Broadway A-D, Level 2

10:30 - 11 a.m.Legends FG, Level 2

10:30 - 11 a.m.Broadway E-K, Level 2

11 a.m. - 6:30 p.m. Broadway E-K, Level 2

11 a.m. - 6:30 p.m. Broadway E-K, Level 2


11:05 a.m. - 12:05 p.m.Legends E, Level 2

11:40 a.m. - 12:10 p.m.Legends FG, Level 2

11:45 a.m. - 1:15 p.m.Broadway E-K, Level 2

Noon - 7 p.m.Level 2, adjacent to the registration desk

HOA Landmines: Unique FDCPA Risks for Attorneys Who Collect for Homeowners AssociationsAvoiding FDCPA claims is a major challenge for any attorney, but attorneys who collect for homeowners associations face a unique set of risks. HOA account balances can fluctuate unpredictably. State laws that govern HOAs can significantly complicate the collection process and increase risk, and CC&R terms can vary significantly between HOA clients. Foreclosure notices and lien enforcement also present FDCPA compliance challenges. In this session, experienced FDCPA defense attorneys, and a collection practitioner, will discuss recent trends in FDCPA litigation against HOA collection attorneys and will offer insight on reducing risks of FDCPA claims.Alan Leeth, Burr & Forman LLPTomio B. Narita, Simmonds & Narita LLP

Client Group Meeting: Harvest Strategy Group(By invitation only.)

Refreshment BreakSponsored by KnovaOne & ARMGuard

The Future of Talent Acquisition and Management: What Matters to Tomorrow’s Workforce Matters TodayEvery successful business knows it is only as good as its employees, and currently, it’s a candidate’s market. This means that top talent has their choice of employers. Therefore, it becomes essential for companies to enhance and maintain their employer brand to not only attract top talent, but to send the continuous message to potential candidates that the engagement drivers that employees need most are top-of-mind in their work culture. While this starts with the recruiting process, it must continue throughout hiring, onboarding and workforce management. In today’s workplace, the balance of power is shifting. Generations X, Y and Z currently make up 85% of the workforce. By 2025, millennials alone will constitute 75%. Despite this shift in power, the talent acquisition and management drivers remain the same among workers of differing generations. We all want to contribute, make a difference and be valued. There are a number of things people expect at work. Everyone wants leaders who are trustworthy. No one wants change. We all want feedback. We all want respect. And, we all want to learn. However, employers must learn to tailor their message to a multigenerational workforce, as each generation’s perception and acceptance will depend upon the delivery method.Steven Markoff, Markoff Law LLCJill Silman Chapman, SPHT, SHRM-SC, Insperity

Client Group Meeting: TRAKAmerica(By invitation only.)

NCBA Subcontractor Oversight Program Informational MeetingAll exhibitors and vendors are welcome to attend this informational meeting regarding the new Subcontractor Oversight Program being introduced by National Creditors Bar Association.

Exhibit Hall open

NCBA Silent AuctionView and bid on the great items donated by exhibitors, sponsors and members! Proceeds will be used to support the various NCBA projects related to outreach including, but not limited to, support for those organizations that benefit from the NCBA Community Service Award and Conference Speaker Tribute Program. Bidding closes Friday at 1:00 p.m.

Client Group Meeting: Encore Capital Group - MCM(By invitation only.)

Client Group Meeting: Barclays Bank Delaware(By invitation only.)

Client Group Meeting: LCS Financial Services Corporation(OPEN meeting - all registered full conference attendees are welcome to attend.)

Lunch in the Exhibit HallSponsored by Convoke

Voting Station open

2

Thursday, October 4 (continued)


Agenda (cont’d)


12:15 - 12:45 p.m.Legends D, Level 2

12:45 - 1:15 p.m.Legends FG, Level 2

1:20 - 2:20 p.m.Legends E, Level 2

1:30 - 2 p.m.Legends D, Level 2

1:30 - 2:30 p.m. Broadway A-D, Level 2


2:40 - 3:40 p.m. Broadway A-D, Level 2

3 - 3:30 p.m.Legends E, Level 2

3:20 - 4 p.m. Broadway E-K, Level 2

3:30 - 4:30 p.m.Legends A, Level 2



4 - 5 p.m. Broadway A-D, Level 2

Client Group Meeting: Sandia Resolution Company(OPEN meeting - all registered full conference attendees are welcome to attend.)

Client Group Meeting: A.R.S.I.(By invitation only.)

Client Group Meeting: Ford Motor Credit Company(By invitation only.)

Client Group Meeting: AACANet, Inc.(By invitation only.)

Stop! Gavel Time! A Collection and Cross-Claim Mock Trial (Part I: The Proof)Find out what happens when a file is sold with the wrong balance, then sued. Watch the defense of cross-claim against the law firm. Through a mock trial, follow the suit from the pre-trial conference through closing arguments and discover if a law firm can rely on information it received from its client; how to defend against a cross or counter claim; and how to prove damages at trial. In Part I: The Proof, learn how to prove your damages at trial when the original creditor sold a debt with an incorrect balance.Cast of Characters:Judge: June Coleman, Carlson & Messer LLPAttorney for the Debt Buyer: Crystal Duplay, Law Offices of Timothy M. SullivanTimekeeper / Bailiff: Crystal Duplay, Law Offices of Timothy M. SullivanDebt Buyer: Andrew C. Hall, Estate Information Services, LLCAttorney for the Debtor (Part I): Stephen H. Turner, Lewis Brisbois Bisgaard & SmithDebtor: Stacey Stein, Mountain West Law Group, PCAttorney for the Law Firm: Nicole M. Strickler, Messer Strickler, Ltd.Law Firm Representative: Brit J. Suttell, Barron & Newburger, P.C.Attorney for the Debtor (Part II): Danielle Vugrinovich, Marshall, Dennehey, Warner, Coleman & Goggin, P.C.

Client Group Meeting: Alliant Credit Union(OPEN meeting - all registered full conference attendees are welcome to attend.)

Stop! Gavel Time! A Collection and Cross-Claim Mock Trial (Part II: The Defense)In Part II: The Defense, find out how to defend against a cross or counter claim when the debtor sues your firm for bringing a claim with the wrong balance.

Client Group Meeting: InvestiNet, LLC(By invitation only.)

Refreshment Break in the Exhibit HallSponsored by KnovaOne & ARMGuard

JST Customer Get-Together (JST Customers Only Please)

Client Group Meeting: Plaza Services, LLC(OPEN meeting - all registered full conference attendees are welcome to attend.)

Client Group Meeting: Bank of America(By invitation only.)

Lessons Learned from Trying Collection CasesThis informative and entertaining session will feature real life lessons presented by industry veterans that will help any consumer creditor rights lawyer better prepare for a contested trial. The presentation will discuss trial preparation, methods of admitting evidence of account records, roadblocks hurtles that have been encountered, typical trial motions and appeals and strategies for enforcement of judgment. Ronald S. Canter, The Law Office of Ronald S. Canter LLCManuel Newburger, Barron & Newburger, P.C.



Agenda (cont’d)

Agenda (cont’d)

4 - 5:30 p.m. Legends C, Level 2

4:05- 4:35 p.m.Legends E, Level 2


5 - 6:30 p.m. Broadway E-K, Level 2

6 - 7 p.m.Presidential Suite, Room 2139

6:30 - 9:00 p.m.Meet in front of the Conference Registration Desk

7 - 8 a.m. Music Row 4, Level 2

7:15 a.m. - 5:15 p.m.Level 2

7:15 a.m. - 2 p.m. Broadway E-K, Level 2

7:15 - 8:30 a.m.Broadway E-K, Level 2

7:15 a.m. - noon Broadway E-K, Level 2

11 a.m. - 1 p.m. Broadway E-K, Level 2

Direct Credit Issuers, Non-Law Firm Debt Buyers and Non-Law Firm Networks Reception & Interactive DiscussionAttendees from direct credit issuers and any non-attorney owned or managed debt-buyers and networks are cordially invited to attend this invitation-only interactive event. After a long day of meetings, enjoy drinks and pre-dinner hors d’oeuvres with your fellow colleagues. We welcome you to participate in an interactive discussion on a topic relevant to Direct Credit Issuers, Non-Law Firm Debt Buyers and Networks. (Direct credit issuers, non-attorney owned or managed debt-buyers and network attendees only, please.)

Client Group Meeting: Mavrides, Moyal, Packman & Sadkin, LLP(OPEN meeting - all registered full conference attendees are welcome to attend.)

Client Group Meeting: North American Recovery(OPEN meeting - all registered full conference attendees are welcome to attend.)

Reception in the National Creditors Bar Association Exhibit HallSponsored by LOGS NetworkIt’s time for cocktails and hors d’oeuvres in the Exhibit Hall. Mingle with fellow National Creditors Bar Association members, attendees and those who provide products, services and materials that benefit your practice.

Bankruptcy Practitioner ReceptionGet acquainted with your fellow bankruptcy colleagues before tomorrow’s outstanding creditor-focused bankruptcy educational sessions.

NCBA New Member / First Time Attendee Networking Activity - Experience Nashville!Sponsored by InsperityTrolleys will pick up our group at the Omni for a quick ride to Nelson’s Green Brier Distillery, for a tour and to sample the goods! After the tour and tasting, the trolleys will head back to Broadway, where we’ll stop to let off those who want to enjoy an evening in the honky-tonks. (You’re on your own to get back to the hotel if you do. The Omni Hotel is only a few blocks walking distance from Broadway). Those who prefer to call it a night can stay on the trolley and return to the Omni. NCBA New Members and First Time Attendees, including new creditors, are welcome to RSVP to [email protected]. Seating is limited so reserve your spot today!

Group Yoga ClassFrom beginners to advanced, the instructor will personalize the class to your needs. This class will improve your strength, flexibility and concentration through breathing, transition and relaxation. Sign up at the Conference Registration Desk.


Exhibit Hall open

Breakfast in the Exhibit Hall


NCBA Silent AuctionView and bid on the great items donated by exhibitors, sponsors and members! Proceeds will be used to support the various NCBA projects related to outreach including, but not limited to, support for those organizations that benefit from the NCBA Community Service Award and Conference Speaker Tribute Program. Bidding closes Friday at 1:00 p.m.

4National Creditors Bar Association National Office, 8043 Cooper Creek Blvd., Suite 206, University Park, FL 34201Phone (202) 861-0706 | Fax (240) 559-0959 | Website www.creditorsbar.org | Email [email protected]

Friday, October 5



Agenda (cont’d)


8 - 8:50 a.m. Broadway A-D, Level 2

8 a.m. - 3:00 p.m.Level 2, adjacent to the registration desk

9 - 10 a.m. Broadway A-D, Level 2

10:00 - 10:20 a.m. Broadway E-K, Level 2

10:20 - 11:20 a.m. Broadway A-D, Level 2

11:30 a.m. - 12:30 p.m.Broadway A-D, Level 2

12:30 - 1:40 p.m. Broadway E-K, Level 2

12:30 - 1:40 p.m.Legends E, Level 2

1:40 - 2:40 p.m. Legends D, Level 2

Weltman, Weinberg & Reis Co., LPA Prevails in Lawsuit Brought by Consumer Financial Protection BureauThe July 25, 2018 ruling in Consumer Financial Protection Bureau v. Weltman, Weinberg & Reis was the resolution of the first meaningful attorney involvement case brought by the CFPB. The decision in favor of WWR validates what the NCBA and its members have been advocating to the CFPB since its inception – that attorneys need to be held to the standards set forth by the State Supreme Courts in which they practice, not a governmental agency. Get the “Pona Perspective” on one of the most important cases since Heintz v Jenkins and the repeal of the attorney exemption under the federal Fair Debt Collection Practices Act.Charles Pona, Weltman, Weinberg & Reis Co., L.P.A.

Voting Station open

You ARE Your Brand - Unearthing Your Best Brand AmbassadorAs entrepreneurs our time is precious, always balancing the need to perform for our clients, maintaining the highest state of compliance and marketing for new business opportunities. While NCBA conferences provide a traditional landscape for meeting new and existing clients, have you explored the use of social media to get your name and expertise in front of this highly technical audience? How about being the “expert” that news outlets rely upon? In other words, are you elevating your brand? Are you getting yourself in front of the right audience? This panel will guide you through the various platforms of social media and media outreach, and how to avoid the risks that go along with not following some important rules. Understand the difference between Personal and Professional Branding. The panel will include lawyers from two distinct generations as well as a public relations professional, all adept at the use of social media to elevate your brand! Nico Becerra, N. Becerra APCPeter Breslow, Peter Breslow Consulting & Public RelationsLou Freedman, Blitt & Gaines, P.C.

Refreshment Break in the Exhibit Hall

Coerced & Fraudulent Debt: What It Is and What You Need to KnowA new type of debt is emerging from relationships with domestic violence. Abusers are using fraud and coercion to generate debt in victims’ names, and victims have little legal recourse for addressing the debt. Learn what creditors can do to make a difference. Angela K. Littwin, University of Texas School of Law

Thomas Pahl, Bureau of Consumer Financial ProtectionThe Bureau of Consumer Financial Protection (BCFP) is a key player with regulatory responsibilities for the debt collection – including its role in relationship to creditors rights attorneys. Tom Pahl, Policy Associate Director for Research, Markets & Regulations who reports directly to Acting Director Mick Mulvaney, will share his insights on the Bureau’s recent activities while providing updates to issues and topics impacting creditors rights attorneys.Thomas Pahl, Bureau of Consumer Financial Protection

Lunch in the Exhibit HallSponsored by TransUnion

SCBA Forum Meeting & LuncheonSponsored by LawgixWorking lunch; please RSVP to [email protected].

FDCPA Traps for the Unwary Foreclosure AttorneyDepending upon the jurisdiction, foreclosure actions are subject to the FDCPA. This presentation will explore the split in jurisdictions on this issue and why the FDCPA applies in some jurisdictions and not others. The presentation will then address some of the most common FDCPA issues for foreclosure practitioners.Michael Cavallaro, Barnes & Thornburg LLPCaren D. Enloe, Smith Debnam Narron Drake Saintsing and Myers, L.L.P.

Friday, October 5 (continued)


Agenda (cont’d)

Agenda (cont’d)

1:40 - 2:40 p.m. Legends FG, Level 2

2 p.m.


2:50 - 3:50 p.m. Legends FG, Level 2

4 -5 p.m. Legends D, Level 2

4 -5 p.m. Legends FG, Level 2

Potential Pitfalls in Filing Proofs of ClaimOn the surface, filing proofs of claim in bankruptcy proceedings appears be straightforward. Unfortunately, this is not always the case. This presentation will focus on emerging issues concerning the itemization of the amount claimed and documentation accompanying the proof of claim. We will discuss considerations for different credit products, such as credit cards and auto loans (both secured and unsecured). We will also discuss strategies for overcoming objections to claims that are allegedly time-barred.Moderator: Stephanie Platzman-Diamant, Cavalry Portfolio Services, LLCPatti H. Bass, Bass & Associates, PCAlison Verges Walters, Kelley Kronenberg, P.A.

Exhibit Hall closes

Could I Have This Dance? Ethical and Business Concerns When Beginning and Ending the Relationship Between Collection Attorneys and Their ClientsThis session will address issues related to law firm retention agreements or perhaps better characterized as attorney-client representation terms. The session will cover the inception of the relationship, including ethical issues in legal services agreements and indemnification clauses. The session will also address ethical issues if the relationship is terminated, including costs for substituting out, copy costs for the file, providing the client file, and arbitration clauses. June Coleman, Carlson & Messer LLPJoshua C. Dickinson, Spencer FaneDavid Schultz, Hinshaw & Culbertson, LLP

Ask the Trustee: An Update of Issues of National Significance in BankruptcyThis session, featuring nationally renowned Chapter 13 Trustee Henry E. (Hank) Hildebrand, is all yours. Hank and his panel will answer your questions about the state of bankruptcy after many recent changes. Don’t have any questions? We’ll answer those you don’t even know you had: What is the Commission to Study to Consumer Bankruptcy and why is it important, what does it really mean to “surrender, reaffirm or redeem” collateral, what lenders are still doing wrong and more! This “don’t miss” session might even feature Hank’s famous Goo Goo Clusters!Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)Vanessa A. Leo, Shapiro Pendergast & Hasty, LLP

Spokeo: A Retrospective – A Caselaw Survey of the Circuit Courts of Appeal Since This Seminal Supreme Court Order Was IssuedSpokeo was decided in May 2016. We now have a bank of cases interpreting this important SCOTUS decision. This session will discuss the fundamental issues addressed in Spokeo and how the various Circuit Courts have applied this critical decision. We will review the practical implications of the decision and how Circuit Court orders have given us guidance in defending cases brought under the FDCPA. We will also discuss how best to avoid such lawsuits in light of Spokeo progeny.Andrew D. Parker, Parker Daniels Kibort LLC

When Bankruptcy and Collections Collide - A Day in the Life of a Collection AttorneyEvery day, collection attorneys face challenges with bankruptcy affects the prosecution of a collection action. Maybe you received a call from the consumer, their attorney or trustee regarding your case. In this session, you will learn what information to ask for, what tools are available to you, how to use scrubs to confirm bankruptcy, when the automatic stay goes into effect, best practices if bankruptcy HAS been filed, and what must be done if bankruptcy HAS NOT been filed. This session will also examine post-judgment issues including wage garnishments, non-wage garnishments, demands for garnishment funds by the debtor and trustee, judgment liens, and the potential consequences for violating the automatic stay or discharge injunction.Jill Olsen, The Olsen Law Firm, LLCTom Canary, Jr., Reimer Law Co.




7

7 - 10 p.m. Country Music Hall of FameAdjacent to the hotel, enter through the hallway adjacent to the lobby on the first floor

Friday Night Special Event: 25th Anniversary CelebrationJoin us as we celebrate in style the 25 years of accomplishments and achievements of the association and its members. We’ll be looking back at a quarter century of faces, places and moments that have defined the Association.

Both the Event Hall and open air Terrace, with breathtaking views of downtown Nashville, are ours for us to enjoy, and take a self-guided tour of the Country Music Hall of Fame’s museum.

The Hall of Fame’s culinary team of award-winning chefs will be preparing a sophisticated dinner of favorites sure to please everyone.

Don’t miss the chance to get your photograph taken by the “paparazzi” with a few famous Nashville faces you might recognize!

We’ll also be swearing in the new Board of Directors Members and President-elect right before the Celebration starts, and announcing the winners of the 25th Anniversary Prizes throughout the evening!

The evening’s festivities will be rounded out with The Downtown Band, one of the best party bands in the U.S, playing the music you love to dance to.

This event is complimentary for all full conference registrants. Guest tickets may be purchased in advance by contacting [email protected]. Dress is business casual. Name badges and photo ID are required for admittance. Badges are not transferable.

National Creditors Bar Association 2018 Fall Conference


Agenda (cont’d)

25thAnniversary

NATIONAL CREDITORS BAR

ASSOCIATION

1993-2018



7:45 a.m. - 12:15 p.m.Level 2


7:45 - 11 a.m.Level 2

8:30 - 9:30 a.m. Legends FG, Level 2



11:50 a.m.


Buffet Breakfast


Turning the Tables: How to Recover Attorney’s Fees From Consumers and Their Counsel for Manufactured or Fraudulent ClaimsFocusing on manufactured and fraudulent claims, the presentation will provide an in-depth review of the legal bases for recovering attorney’s fees from consumer and their counsel who bring such claims. There will be three parts to the presentation. The first will be a discussion of how to spot a manufactured or fraudulent claim. Drawing upon their personal experience, the presenters will provide practical advice for spotting and responding to manufactured or otherwise fraudulent claims. The second part of the presentation will be a detailed presentation of the legal bases for recovering attorney’s fees from both consumers and their counsel. This part of the presentation will focus on four bases in particular: 15 U.S.C 1927; 28 U.S.C. 1927; Rule 11, and the general authority of the court. Obviously, the first statute is in the FDCPA. The second holds that counsel may be required to pay reasonable attorney’s fees if counsel “multiplies the proceedings.” The third basis is, obviously Federal Rule of Civil Procedure 11. The last two bases, obviously, speak for themselves. The third part of the presentation will be a discussion of strategies for responding to manufactured or fraudulent claims so as to promptly terminate such claims, and, if the claims are not dismissed, how to maximize the possibility of recovering claims. Michelle ‘Shelly’ Gensmer, Enhanced Recovery CompanyNicole M. Strickler, Messer Strickler, Ltd.Stephen H. Turner, Lewis Brisbois Bisgaard & Smith

Extract Value from Your Practice! Hire to Retire 1+1=3State bar associations are faced with appointing more and more receivers to close out practices posing for the family, clients, and all those involved with tremendous burdens. How do you find or obtain access to IOLTA accounts, determine client’s case status, the location of important documents, and other financial matters? Ethically, you are required to have an exit strategy. Many solos and small firm lawyers leave real value on the table when they close out their practices. Their plan is no plan at all - die at their desk! This presentation will help you see the problem and develop a plan to extract value from your firm. Leave your family an asset, not a liability. Gary Bauer, Western Michigan University - Cooley Law School

Staying Out of the Soup: Select Ethics Issues in “Alphabet Soup” Consumer Law LitigationPatrick D. Newman and Jessica L. Klander discuss the numerous ethical pitfalls awaiting creditors’ remedies practitioners, particularly those engaged in consumer collection work. Drawing on their experience defending “alphabet soup” consumer law matters (FDCPA, FCRA, TCPA, etc.), as well as legal malpractice cases, they cover real-life scenarios and other ethics “hot topics.”Jessica L. Klander, Bassford Remele, P.A.Patrick D. Newman, Bassford Remele, P.A.

National Creditors Bar Association Conference adjourns

Saturday, October 6

Agenda (cont’d)

agenda · 2019-08-05 · agenda (cont’d) national creditors bar association national office, 8043...

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