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THE RESOURCE FOR BANKRUPTCY, COLLECTION AND DEBT RECOVERY Vol. 24 • Issue No. 3 May/June 2009 IN THIS ISSUE There is an Ocean Between Us Foreign Collections: Holland Internet Scams Aimed at Attorneys CLLA is … on Facebook! JOB No_______________________ DATE_______________________ DESIGNER_______________________ PROOFREAD_______________________ PROOF No_______________________ INTERNAL / EXTERNAL Make business connections. Strengthen your skills. Attend the CLLA’s New York/Fall Meeting! Presented by the Commercial Law League of America and sponsored by the Eastern Region Members’ Association NOVEMBER 12-15, 2009 The variety of education sessions Networking Opportunities QUESTIONS ABOUT THE MEETING? and events provide opportunities to • An exhibit hall of vendors serving interact with leading industry profession- the needs of your practice Contact: als and learn from the best and brightest! • Agency-Attorney networking day Frederic I. Weinberg • An annual opening reception with food Eastern Region Chair Who should attend? stations and refreshments as you mingle Gordon & Weinberg, PC • Attorneys focusing in collections with old friends, colleagues and meet Phone: 484.351.0550 (retail and consumer), bankruptcy new attendees Email: [email protected] and creditors rights • Complimentary hospitality with • Collection Agencies continental breakfast and refreshments Warren Pinchuck • Law List Publishers each morning/ afternoon providing Eastern Region Arrangements Chair additional networking and socializing The Columbia Directory Co., Inc. Education opportunities Phone: 800.648.1914 • Trial Techniques Seminar, featuring Email: [email protected] two renowned litigation educators CLE Credit • A Bankruptcy Mock Trial focusing on No extra charge! Get all your CLE Credits first day motions, 363 sales and valuation, including ethics at CLLA’s Annual Fall plans, disclosure statements, cramdown Conference! CLE credit has been pre- and confirmation arranged in all states requiring. At the end • An ethics seminar focusing on collection of the conference, turn in your CLE report attorneys’ ethical dilemmas, featuring form at the desk and we will do the rest. Manny Newburger, Emil Hartleb, Alan Weinberg & Jonathan Greystone Visit our website www.clla.org for more information THE RESOURCE FOR BANKRUPTCY, COLLECTION AND DEBT RECOVERY You can expect Vol. 24 • Issue No. 3 results when May/June 2009 you talk to leaders IN THIS ISSUE There is an Ocean Between Us Foreign Collections: Holland Discovering Blue Ocean Strategy CLLA is … on Facebook! 3 debt readers are their company’s key decision makers: are involved in the purchasing process and make 82% the final purchasing decisions. 74% are partner/owner/president/chair/CEOs of Debt3 readers have recommended, specified or approved 89% the purchase of products and services, including: • Computer/office software, e.g. collection, bankruptcy, organizational • Law office automation services • Legal support services, e.g. skip tracers, auctioneers, process server services • Office supplies and equipment • Online information services Source: 2004 Debt3 Independent Reader Survey For more information on how your company can target this exclusive audience, contact: Bill Spilman, President Innovative Media Solutions 1134 N. Henderson St., Suite D Galesburg, IL 61401 Phone: (877) 878-3260 or (309) 342-3211 Commercial Law League of America FAX: (309) 342-3212 E-mail: [email protected] LEADING THE WAY Vol. 24 • Issue No. 3 contents May/June 2009 Debt3 (ISSN 0888-8000) is published bi-monthly by the Commercial Law League of America®, 70 E. Lake Please remember Street, Suite 630, Chicago, IL 60601; (312) 781-2000. POSTMASTER: Send address changes to Debt3 70 E. Lake to pay your Street, Suite 630, Chicago, IL 60601. Periodicals postage paid at Chicago, Illinois and additional mailing offi ce. CLLA membership Copyright ©2009 by the Commercial Law League of America®. Permission to reprint materials in Debt3 may be granted on written request to the Editor at the Commercial Law League offi ces. dues for 2009-2010 The views and conclusions expressed in articles are those of the authors and are not necessarily those of the Editorial Board, or of the Commercial Law League of America®; nor should any advertisement be considered You can log into an endorsement of the product or service involved. the website with The price of an annual subscription to members of the Commercial Law League of America® ($18.00) is included in their dues. Annual subscription to others is $65.00 per year in the U.S. and Canada, $70.00 else- your username & where. Single copy price is $15.00. Write the Commercial Law League of America®, 70 E. Lake Street, Suite password at 630, Chicago, IL 60601; (312) 781-2000. www.clla.org features 8 Building and Expanding Your Business Network and Relationships in a Tight Economy 8 12 Alternative Ways to Build Relationships in Bankruptcy 16 There is an Ocean Between Us 19 Internet Scams Aimed at Commercial Collection Agencies and Attorneys foreign collections 22 Ten Questions and Answers to a Foreign Collections Lawyer: Holland league views 5 The President’s Page 31 Viewpoint by Oliver Yandle member news 24 Among Our Members • Newly Admitted Members • Fund for the Future league business 26 In Memoriam • YMS Election Results • 2009-2010 Board of Governors Presidential Speech 12 16 19 Think you’re comparing apples to apples? Not all data providers have the most current information. Compare Merlin to your current data provider... Locate more debtors and increase your return A leading innovator of online public record and Current addresses skiptracing databases, Merlin Information Services and phones provides superior debtor location data. Real-time data updates Merlin’s first priority is to provide the quality and High-volume discounts freshness of data essential to the successful collector. and batching options Call Merlin for a FREE trial! TM Data solutions providing information about people 800-367-6646 INFORMATION SERVICES businesses and assets. www.merlindata.com CLLA09 Vol. 24 • Issue No. 3 about clla May/June 2009 meeting notices officers and board of governors editorial staff CLLA Strategic Planning & President Board of Associate Editors Ernest “Rick” V. Thomas, III, David A. Rubin, Chair, Toronto, ON Leadership Conference Cincinnati, OH Nancy Hamilton, Vice Chair, Cleveland, OH Baltimore, MD Lawrence C. Brown, Vice Chair, Buffalo, NY August 6-9, 2009 President-Elect Elliott D. Levin, Immediate Past Chair, Gary Weiner, Springfield, MA Indianapolis, IN Richard G. Baumann, Los Angeles, CA Collections 2009 Treasurer Harry W. Greenfield, Cleveland, OH Universal City, CA Murray S. Lubitz, White Plains, NY Lee M. Mendelson, Van Nuys, CA September 11, 2009 Robert Schatzman, Coral Gables, FL Recording Secretary Nicholas Krawec, Pittsburgh, PA Barry J. Gammons, Nashville, TN CLLA Annual Breakfast & Editor Immediate Past President Oliver P. Yandle Education at the David R. Gamache, St. Louis (Crestwood), MO National Conference of Design/Publication Consultants Bankruptcy Judges Board Members Newcomb Integrated Marketing Solutions Robert A. Bernstein, Charleston, SC Las Vegas, NV Christine Hayes Hickey, Indianapolis, IN Editing Director October 19, 2009 Beau Hays, Atlanta, GA Joshua Greene Marc Hirschel, Lakeville, CT Alan I. Nahmias, Encino, CA Contributing Editors New York Fall Meeting Jeff E. Rubin, Miami (Coral Gables), FL David Franklin, Montreal, PQ New York, NY Jeffery Schatzman, Miami, FL Steven A. Frieze, London, England November 12-15, 2009 Donald B. Scott, Mount Kisco, NY Louis S. Robin, Longmeadow, MA Joseph Terkell, New CIty, NY Joseph A. Marino, Clifton, NJ Julie A. Rausch, Milwaukee, WI Neil S. Abbott, Toronto, ON Steve A. Ungerman, Dallas, TX Gregory A. Goetz, Chicago, IL Creditors’ Rights Representative Executive Vice President Joshua D. Greene, Wheaton, IL Oliver P. Yandle Bankruptcy Section Representative Timothy Wan, Commack, NY Young Members’ Representative CLLA Core Purpose: To be the leader in providing legal, educational and professional services to the business and credit communities. CLLA Core Values: • We provide service and value through competence, ethics and professionalism • We foster relationships • We create business and leadership opportunities • We provide high quality education • We are the leader in our industry League members and other readers are invited to submit previously unpublished articles on commercial practice or topics relating to the general practice of law. Articles should be submitted electronically via e-mail. The preferred format is Microsoft Word or plain text. WordPerfect is accepted but not preferred. All articles will be reviewed. Send articles to [email protected]. Manuscripts can be sent to Attn: Editor, Debt3, Magazine c/o Commercial Law League of America, 70 E. Lake Street; Suite 630; Chicago, IL 60601. CLLA can be reached at 312-781-2000 or toll free 800-978-2552. president’s page President, Commercial Law League of America® Ernest V. Thomas, III. was born in Cincinnati, Ohio. In 1979 Ernest, better known as Rick, received his B.A. degree from Thomas More College located in Crestview Hills, Kentucky. Rick graduated from the University of Cincin- nati College of Law in 1982 with a J.D.. Rick is admit- You are the CLLA ted to practice law in both Ohio and Kentucky as well as being licensed to practice et me introduce myself. I am Ernest V. Thomas III, associations, the CLLA has always been my home — and in the Federal Courts and although