In This Issue

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

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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. L You aretheCLLA bership in 2006. While I belong to While other - many professional in Mem 2006. bership of Certificate 25-year my received I Member (2004-2007). Board Attorney and (2003-2004) Secretary ing Record (1999-2000), Governors of Board the on sentative Repre Members Young as served I level, national the On meeting 2003. in Chicago the overseeing of pleasure the had and region that chaired eventually and Region Midwest the of Council Executive the for recruited I was From tion. there, sec the chaired eventually and events social programs, al in late the 1980s, I Section education and bers with helped I in got the CLLA. involved friendships in the Young - Mem lifelong many made also have We affiliation. that through practice thriving a enjoyed have we years, the through and America, of in League Law strong Commercial a the with volvement maintained always has practice family Our Association. Credit Midwest Chicago the as known became later chapter cago Chi its and (NACM), Management Credit of Association National the to name its changed Credit later The Association Men’slaw. practicing at hand his try to decided he but chapter, that run to they Chicago to school, him move to law wanted from graduated he When Association. Men’s Credit the of chapter Cincinnati the for worked he school, law and college night in was my grandfather While rights. creditors’ and on collections focused always has firm 1982. family in Our licensed I became and 1968, in licensed became dad My 1950. around America of League Law Commercial the joined tell, can we as far as in 1946 practicing and, started My& Thomas. grandfather I Cincinnati, am the generation in third the firm ofThomas in raised and Born President’s Page. first my is this and ca, although my friends call me Rick. I just became became Ameri of just League Law I Commercial the of president Rick. me call friends my although III, V. Thomas Ernest am I myself. introduce me et president’s page ------however, that most of us get out more than we put we in. out more than get of us most however, that We only get out of it what we put in. I to would venture say, organization. a volunteer-driven been, always have and are, We members. our of because thriving is CLLA the times, of challenging most in these even that, fact the to highlight 18 April on speech acceptance my during point ita made I CLLA. THE ARE us of most fact, In family. CLLA the of My is guess that most of the people are this part also reading careful…) too be never youcan we’re friends, though even because, list law a over me to claim the send would Bob (Actually, Guides!” Operative CLLA the under collection, for claim a you sending “I’m said. he Bob,”it’s that Bob, “Hey, Rick, effect. in is friend, statement vision CLLA client the proved my from call a got I today, Just • • • • statement: vision first our came tion conven first that of Out interact. would onthey how rules ground the lay to together got field law commercial the in people of bunch 115a ago, that years think to neat of kind It’s basis. volunteer a on involved very been also have and CLLA of members long-time are categories) both in many have to blessed am I (and clients and friends my of Many not alone.* of my identity. Iam part is CLLA the say to fair it’s guess I industry. the in involvement my of part and — home my been always has CLLA the associations, President, Commercial Law League of America of League Law Commercial President, fraternity and mutual confidence. mutual and fraternity of afeeling members among foster to And large; at profession the in and members among of dealing course honorable an To encourage law; of commercial practice the improve and To standard the elevate law; commercial affecting matters in of legislation To promote uniformity (continued on page 6) page on (continued ® - Collectors Association. Collectors Commercial International the and Association Collectors American the America, of League Law Commercial the of amember also is Rick tion. Associa Bar Cincinnati and Association, Bar Kentucky Association, Bar State Ohio Association, Bar American the of amember is Rick Circuit. Sixth the for Appeals of Court States United the and Courts Federal the in practice to licensed being as well as Kentucky and Ohio both in law practice to ted admit is Rick aJ.D.. with 1982 in Law of College nati Cincin of University the from graduated Rick Kentucky. Hills, Crestview in located College More Thomas from degree B.A. his received Rick, as known better 1979 Ernest, In Ohio. Cincinnati, in born was III. V. Thomas, Ernest - - - 5 Debt3 May/June 2009 6 Debt3 May/June 2009 (continued from page 5) page from (continued the CLLA” “You are

the mission of my presidency. You’ve all heard about the the about heard all You’ve presidency. my of fact, mission in the — article this of purpose the to me leads Which ties!) on his embroidered “CLLA” has even Gamache Dave it has mor “We don’t do ofenough one this,” are they really of - us. (Ru or this“ do “Wesay, they If member. a be to NOT trying outsider an just really it’s this,” do to need “They or this” does If it’s, of League “The the League. the attributes scribe de they how by members CLLA true tell always can You members. the all for better become they organization the help to time their because offer to wanted rather but out carry to agenda an had they because involved didn’tget organization this in met have I volunteers and leaders great the of Most Committee. tion Educa Section Bankruptcy the for volunteer bankruptcy, up on to brush you need If Triadic Committee. for the teer volun agencies, collection to exposure enough don’thave you feel you If offer. to have you what just not — service your from gain can you what of Think committee.” tion educa the on be to education about don’t“Ienough know Too on to a serve committee. be people expert say,an many to don’thave You committees. available various the about President, for Vice more Yandle, our Executive information Oliver or contact roster the Check committee. or section al way is haps nation the to easiest to ask on serve a particular Per expertise. and effort time, your volunteer to member, for a you, as CLLA in the of plenty are opportunities There Sid! Thanks, Igained. knowledge extra the with been had it than profitable more it make to able was grow,I practice my of part consumer the did only not that arena consumer the in people more many so to introduced was I years, three next the over However, doing. were we work consumer of amount the increase greatly to tention in particular my not was it time, some for been work, had and collection consumer doing was firm my Although Committee. Collection Consumer co- new were brand a I of and chairs Dave know, you thing next The CLLA. the to collections consumer of sources should attract to League more do the that feeling our expressed both I and Gamache Dave meeting, Board particular one At fruition. to idea particular that bring to way explore to committee a with work he or committee a suggestion, head to or them idea challenge would an had someone if that meeting first his from clear it made Sid Governors. of Board the on to serve fortunate I was president, was Sid Friedman When ------nections. to Con CLLA members e-newsletter, CLLA bi-monthly his in more events and expose news to plans Yandle Oliver * CLLA. the remember, YOU Just are youhave. if future, the of vision our shape to continue to or yet, haven’t you if involved, get to opportunity your is This shared. we’ve ideas great the over ruminate and welcome!), are kids (yes, family and friends with visit recharge, to afternoon the use and morning, in the days work half Wehotel rate. typically the with along reasonable, extremely is registration The 9. 6 to the August from Regency Hyatt at the Baltimore in us join to you to invitation personal my as this accept Please are. currently we that industry the in leader vibrant the remain we that so course the stay can I that chance better the add, can we precision and tail de more the route, that on working have we people more The GPS. our in plug we route the is plan strategic the but for year, I next the that may ByI be at mean helm, the that, I plan is said the that the strategic ofmission my presidency. there. how it gets and goes organization the where in stake a have they because — practice professional and lives their of part is CLLA the because August!!!) (in Orlando to way their made They CLLA. the are present were who people — chosen and more no importantly, one The excluded. was was one no League, the of demographic general the from representation good was there and Orlando, in 50) about (OK, people many were there While so. Not ones. chosen special few a by implemented being is and formulated was plan strategic grand this that Some misconception have the real!” NOTbe better had tattoo “That out, cried parent a which at dinner no ordinary was This retire! money and how for to Mom vacation afford and Dad could and time aside set could we how it, for pay to how school, to family go would kids the the where that decided and down sat recall actually can I time first the was this Well, family. wonderful a as again and time us describe leaders other and presidents past our heard You’ve all Orlando. in year last accomplished we what as forward move to plans detailed such implement and vision innovative such clarify decisions, profound such make have organization our seen never I that say honestly can I CLLA, the of member a as years 27 my In by Gamache. David President Past year Immediate last continued and President ago Past years two under Borges Wanda started process planning strategic

- -

85% WANT TO GET NOTICED? a targeted market of your most important customers. of important your most market a targeted of cost For half the ayellow with pages youconnect ad, can online. and onCD print, you people to reach—in the need your many that ad over will seen be times by guaranteeing Premium Positions include: Ad options According survey, to arecent Members of Roster 2009-2010 CLLA’s in Advertise More than than More 2009-2010 in the bythan advertising of Members? Roster them reach to way better What firms. their in makers key and decision managing chief partners executives, are Commercial LawLeague ofAmerica 630 ■ Suite Street, Lake 70 East - Inside Back Cover Back - Inside Cover Back - Outside Cover Front - Inside 85% of members regularly use the Roster— use the regularly of members LEADING WAYTHE

91% 1/2 Page Page 2/3 Full Page 91% Chicago, 60601 IL ■ of CLLA members members of CLLA Business Card Business Page 1/8 1/4 Page 1-800-978-CLLA (2552) ■ (2552) 1-800-978-CLLA EXTRA OPPORTUNITY! “Find a CLLA Professional” Professional” a CLLA “Find one of the most visited visited most ofone the 312-781-2000 800-978-2552 (CLLA) [email protected] CLLA Hart Elizabeth contact: please ad, an placing about information or more For sheet apricing OUR WEBSITE. OUR Put your logo on sections of sections www.CLLA.org

7 Debt3 May/June 2009 by Nicholas D. Krawec, Esq. s I write this, we are only a few weeks before the Commercial Law League’s national meeting in Chicago. We all will likely take a lot of extra business cards with us when we go to Chicago, renew and maintain old business and personal relationships, and hopefully meet some new people. Attorneys will be looking for new agency faces, or perhaps other attorneys who may have clients that need legal services in their state. We will promote ourselves and our practices to other League members, and in the process establish personal relationships so that we become their “go to” people when it comes to creditors’ rights or bankruptcy matters. That’s all well and good. Many of us have made a good living out of the business generated by our League membership and relationships. However, there is only a fi nite amount of business that can be generated out of any one organization.

Please don’t get me wrong. I am by no means minimizing the value of the League or the importance of the relationships we have established there. But what are we doing to build our business networks when we are away from League functions? Obvi-

May/June 2009 ously we all go back to our hometowns, where we also have, or can expand, our client 3 Debt 8 Donovan (Greenleaf Book Group Press) Group Book (Greenleaf Donovan 1. We be. will prospects) business (and attendees the who about consideration much without schedule, our into fit as we events possibly or can business social as many attend we often, too All them.” know you well how but know, you who just not “It’s is adage appropriate the working, net to comes it When know?” you who but know, you what necessarily “It’snot adage, the heard ever you Have Have aPlan. Solution 29% The and read the I book cation” seminars. have purchased also - edu “networking provides which and group, same the of part being from competitors members’ precludes also but group, which networking not contacts, only business provides valuable business a joining by skills, networking my to improve to try some steps taken I have year, past the In Education. and Groups Networking times. economic ficult dif these during especially us, to coming flow of business to a keep steady skills, our networking of improving tance impor the and networking, about learned have recently I things the of some share to me Allow about. all is ing network what that’s all, After business. new of supply to you bring contacts a regular business and personal your expand to leveraged be can that etc.) groups, trade and industry Commerce, of (Chambers organizations local and businesses local are There base. network to chance, do so at their professional peril. professional their at so do chance, to network personal and business of their expansion the leaving forts, ef of as of part networking myth their degrees separation” “six the on rely who those that say to it now,suffice right out why, and howinto ties the title. that For our purposes to meet. leave it like I to will you to book the to read find would you that else anyone and you between separation of degrees six only Itare there that myth network. urban her the or dispels his expand to wishes and skills ing it to to anyone who improve or is his looking her network recommend I you. with share to about am I information the of most of source the Itis Donovan. R. Michelle and The 29% Solution 29% The , by Ivan R. Misner, Ph.D. and Michelle R. R. Michelle and Ph.D. Misner, R. , Ivan by 1 , co-authored by Dr. Ivan R. Misner Misner R. Ivan Dr. by co-authored , ------and collection professionals. collection and rights for creditors’ of business “pipelines” other open can reasons, different for do, you clients same the target who are involved, or or other representatives professionals bank events in CPA’swhich networking and/or in organizations Participating receivable? accounts applicant’s loan of that to person’scame name this mind when it to came recovery it would be to you your if How important basis. a regular on applicants loan business of statements financial review They atbank. yourof officer loan local true a commercial be could same The you. to value great of be can lection col receivable accounts to comes it when business your or you of thinks immediately she or he that such CPA a with relationship a agency, collection a or attorney tion collec a are you Whether receivable. accounts with have mation of and clients, their know about infor any problems they financial the reviewing regularly CPA’sare These CPA’s businesses? or sized medium small are whose clients reasons than you different for so do who but do, you same client of the type target who professionals other with Network that. on expand me Let do? you clients of type same the target who professionals other with network one would you do. Now, Why tip last that may sound self-defeating. of client the type same who target other with professionals network You also should that. Butthere’s it moreto than efforts. your concentrate to youwant where ones the are be to likely are clients of types those where events networking business and social the Obviously, business? profitable most your you who with provides and most, the with working enjoy you do client of types or type What be. would client ideal your who about your Think client. ideal reaching on focused necessarily not are efforts ing network the and established been have relationships No being sent being our way. plan. is not This a networking . Fordo you example, know any CPA’s, especially ability will result in some business randomly randomly business some in result will ability ubr o pol mt te as f prob of laws the met, people of numbers and leave it at that, hoping that by sheer sheer by that hoping that, at it leave and lot of business cards with other attendees, attendees, other with cards business of lot do a lot of handshaking and exchange a exchange and handshaking of lot a do (continued on page 10) page on (continued - - - - - Pennsylvania. throughout clients firm’s the for matters litigation commercial and collection rights, creditors’ handles He PA. Pittsburgh, of P.C., Firm, Law Bernstein in apartner is Esq. Krawec, D. Nicholas

9 Debt3 May/June 2009 10 Debt3 May/June 2009 “Building and Networks and Your Business (continued from page 9) page from (continued Relationships Expanding in aTight Economy” help help them would be for and them, referral business good a what them ask and be, would customer or client ideal their what out Find business. their about contacts new your Ask networking. are you while yourself market and promote just Don’t times. economic tight these in larly - way,particu their coming business of flow steady a keep to to network try their to expand trying contacts, business for looking are attendees other the events, networking at that mind, in to keep to do so. It important is ability and a willingness in a demonstrate and to position reciprocate, are you that show to have you business, of supply con tinuing a you bring to establish you relationships working net the for looking are a you be Although street.” to way “two has personal, or business whether relationship, successful Any relationships. establishing and networking in point key the probably is This partners. both by provided value be must there relationship, any with as However, Beneficial. Mutually – Relationships Successful . when been that has you My do experience that, how how you can - - that mindset 24/7. mindset that keep and team, need to a work networking all on building alone. We do it can us none but of business, the find and there out get to need Weall now. right tough are Times overthehasdeveloped years. and confidence respect trust, mutual of level that – valuable so proven have League members other with developed have we relationships the how That’s other. each to customers and clients referring confident and comfortable feel each you that such respect meeting and trust of level a toward establish can you whom with contacts efforts networking your focusing and planning It’sabout mouth. of word by others the motes pro team that of member each where team, marketing a build process networking the in involved parties the is that effect ultimate the that so relationships, personal and The key to networking is establishing business business establishing is networking to key The You can’t it alone. do will reciprocate. will if you get business referrals for them, they they them, for referrals business get you if remember you, will and your new contacts

- 48451_CLLA.qxd 6/2/09 4:01 PM Page 1

Join the Western Region, The Commercial Collection

Agency Association and the California Commercial

Collection Association on September 11, 2009 at the

Hilton Hotel in Universal City, California for its annual

one-day networking and education event.

This is an agency qualified meeting

with CLE for attorneys.

SEPTEMBER 11, 2009 | The Hilton Hotel - 555 Universal Drive, University City, CA In the past four years over 40 agencies have participated. This year’s superior education programs and networking opportunities expect to draw more people to the hills of Southern California.

NEW THIS YEAR: The American Lawyers Quarterly & Asset We will start our day with a delicious FREE continental breakfast Source International are sponsoring a FREE luncheon with a sponsored by:American Recovery Service, Inc ~ Glassberg, special guest speaker at the Hilton Hotel! Pollak & Associates ~ Hammerman & Hultgren, P.C. ~ Jonathan Neil & Associates, Inc. ~ Kind and Dashoff ~ Law Offices of Ian Bardin ~ Law Offices of Martin F.Goldman ~ Mendelson Law Firm (Memphis) ~ Mendelson Law Group (Los Angeles) ~ Miller & Cohen, P.C. ~ Morris & Adelman, P.C. ~ The General Bar, Unifund,Tag Messenger, the California Commercial Moutain States Commercial Credit Management ~ Muller, Muller, Collection Association and the Commercial Collection Agency Richmond, Harms & Myers, P.C. ~ Northern California Collection Association are sponsoring a fabulous FREE cocktail party at the Service, Inc. ~ Phillips, Harper and Harper, LLC ~ Printing Industries conclusion of the day’s last presentation. Association Collection Service, Inc. ~ Stephen B. Elggren P.C. ~ Sweet & Walker, P.C. ~ Gurstel, Staloch & Chargo, P.A.~ We will start our day Thomas & Thomas ~ Zarzaur & Schwartz, P.C.

For questions contact Arlene Cohen Miller: Phone 303.772.0165 or [email protected] Register online at www.clla.org/events Alternative Ways To Build Business And Relationships In Bankruptcy By Robert A. Schatzman

re a huge number of contacts absolutely necessary to build a suc- portant to maintain your visibility in the community by being active cessful bankruptcy practice? The answer is a resounding “NO.” in your local Bankruptcy Bar Association and by regularly meeting AIt is much more profi table to build business through relation- other bankruptcy attorneys. The group of attorneys who regularly ships — as opposed to gathering a huge number of contacts through practice bankruptcy is relatively small, and we tend to run across each mass marketing. The most effective way to build a sophisticated bank- other often in court and in our existing cases. In addition, numerous ruptcy business is through referrals from and relationships with: events sponsored by the local Bankruptcy Bar Association — such as parties, CLE courses and retreats — can serve as great places to social- Other bankruptcy attorneys ize and meet bankruptcy attorneys. Developing relationships outside Bankruptcy trustees of the courtroom in both a social and professional environment is as Accountants and business consultants important as — if not more important than — meeting attorneys Professionals who do not specialize in bankruptcy through interaction in a pending case.

Building Relationships With Other Bankruptcy Attorneys Building Relationships With Bankruptcy Trustees Obtaining referrals from other bankruptcy attorneys is probably the There are generally three (3) main categories of bankruptcy related easiest way to build your bankruptcy practice. For example, bankrupt- clients: (i) debtors; (ii) creditors and (iii) trustees. Debtors and credi- cy attorneys will regularly refer cases or clients to another bankruptcy tors (unless they are a bank or other fi nancial institution) are generally attorney if there is a confl ict of interest, if an interested party in the not repeat clients. Bankruptcy trustees, however, can be a great source same case needs his/her own representation, or if there is litigation or of business. Each district has a set of panel trustees who are assigned

May/June 2009 other issues that the existing fi rm cannot handle on its own. It is im- newly fi led Chapter 7 bankruptcy cases on a regular rotation. If it ap- 3 Debt 12 ably be one of the very few, if not the only, bankruptcy only, not the few, bankruptcy if very one of be the ably prob- you will that is events these or attending groups benefi greatest Onethese of the to joining ts functions. sponsor and meetings hold regular which (TMA), tion Associa- Management Turnaround the and (AIRA) Advisors &Restructuring of Insolvency Association the as —such organizations and associations consultant business and accountant numerous are There tunities. out work oppor- out-of-court as well as bankruptcy ing regard- consultations for attorney abankruptcy to them fi having diffirefer are can clients and nancial culties their when know professionals These of referrals. source great another are consultants business and Accountants Consultants Business and Accountants With Relationships Building arelationship. establish to basis on aone-on-one trustee out aparticular to reach can —you court bankruptcy bythe appointed are they — known are trustees panel the since Also, attorneys. bankruptcy other with relationships establishing for opportunities the to similar very are degree, agreat to trustees, panel with relationships business develop and create to Opportunities own. on their handle cannot they that cases new with overwhelmed and inundated are trustees economy, panel down the this in Especially them. represent to counsel bankruptcy retain will ally usu- trustees the acase, in assets be may there that pears building personal relationships. relationships. personal building as effective not as generally are you—but they hiring considering are who clients for experience your validate and out there name your get to ways effective are nars semi- and conferences at speaking and newsletters legal in articles and/or books Publishing you. to work refer to likely are who members industry with relationships build to is practice bankruptcy asuccessful build effi and effective most to way cient the summary, In well. very work can done consistently, if networking, Such attorneys. —bankruptcy —or any many know not may who those with relationships business generate to opportunity another just is professionals other with time Spending basis. on aregular in you participate ones the at contacts most the make but youwill tions, associa- networking business and of social no shortage is There contacts. meet to places good also are associations offibar legal Other cers. restructuring chief and banks builders, for associations as —such economy the to or tied volatile is that business with groups and zations organi- other with involved get to worthwhile also It is Entities Other With Relationships Building of insolvency. prospects or the insolvency face clients their when mind youin keep will youand remembering time easier an have will youmeet that consultants business and accountants The attendance. in attorney Robinson, P.A. Robinson, offi Miami the Gray of ce in Department Rights &Creditor’s Bankruptcy the of member and shareholder a is Schatzman A. Robert

13 Debt3 May/June 2009 PATRON FUND The CLLA Patron Fund provides an excellent means for CLLA members to give something back to their association.

The Fund was established in 1963 and has a proud tradition of supporting the League and its endeavors. Patron Fund contributions create a financial reservoir that allows the League to underwrite worthy projects without the need for special fund drives. Patron Fund grants have been used to finance a variety of programs and projects that benefit our members and increase the overall visibility and viability of the League. In recent years, grants have been awarded to: Return the completed form below to: Q the CLLA Bankruptcy Section Q the Commercial Collection Agency Association Q Q the Membership Development Committee Q the League’s Legislative Writer Q CLLA Q the DePaul Business & Commercial Law Journal Q 36404 Treasury Center Q the CLLA to underwrite the expenses of League Counsel Q Q the National Education Committee to produce teleseminars Q Chicago, IL Q the CLLA commissioned to prepare FTC white paper promoting changes to the FDCPA Q 60694-6400

All League members are invited to join this esteemed group of colleagues by simply completing the pledge form below. Your pledge is a meaningful way to demonstrate your commitment to the Phone: Commercial Law League of America®. 312.781.2000 Contributing companies or firms are recognized by publication in the Patron Roster and by special Fax: designation as Patrons on conference badges for their members. 847.526.3993

COMMERCIAL LAW LEAGUE OF AMERICA® PATRON FUND PLEDGE FORM

Please include my name amongst the esteemed list of colleagues that support the Commercial Law League of America® as a Patron of the League. I understand that the minimum pledge to the Fund as established by the CLLA Board of Governors is $150.00. I also understand that my membership will appear by firm name when published in the Patron Fund Roster. o I am enclosing my check made out to CLLA in the amount of $______. OR o I am faxing my credit card information to 847-526-3993 authorizing CLLA to charge my credit card the amount of $______. o MasterCard o Visa o AMEX o Discover

Credit Card Number Exp. Date

Signature Date

I understand that my listing in the Patron Fund Roster will appear as shown below.

First Name Last Name

Firm Name

Location Patron Fund Contributors ~ June 1, 2008 - May 31, 2009 Thank you for your support of the League and your generous contributions.

A. G. Adjustments, Ltd. Freeman & Mintz, PA Macey, Wilensky & Stein & Stein Melville, NY Haddonfield, NJ Kessler, LLC Haverstraw, NY Atlanta, GA ABC - Amega, Inc. Gamache & Myers, P.C. Steve A. Ungerman Buffalo, NY St. Louis (Crestwood), MO Marsden, Botsaris & Dallas, TX Seledee, PA Abrams & Abrams, PC General Bar Law Directory Baltimore, MD Stillman Law Office Chicago, IL Cleveland, OH West Bloomfield, MI McKenzie, Becker & Accounts Retrievable Hammerman & Hultgren, PC Stevens, Inc. Sugarmann & Sugarmann System, Inc. Phoenix, AZ Lakeville, CT New Haven, CT Bellmore, NY Hoffmeyer & Grass, Inc. Mendelson Law Firm Teller, Levit & Silvertrust, PC American Lawyers Quarterly Mesquite, TX Memphis, TN Chicago, IL Cleveland, OH Immerman & Tobin Co. LPA Meyers, Saxon & Cole The Columbia Ballon Stoll Bader & Cincinnati, OH Brooklyn, NY Directory Co. Inc. Nadler, PC Boca Raton, FL New York, NY International Miller & Cohen, PC Lawyers Co., Inc. Longmont, CO The Commercial Bar Behar, Gutt & Glazer, PA Cleveland, OH Easton, MD Aventura, FL Morgan, Bornstein & Isenberg & Hewitt, PC Morgan Attorneys at Law The Forwarders List Berman & Rabin, PA Atlanta, GA Cherry Hill, NJ of Attorneys Overland Park, KS Princeton, NJ Jacobs & Rozich, LLC Morris & Adelman Bernstein Law Firm, PC New Haven, CT Philadelphia, PA The Law Offices of Pittsburgh, PA Sweet & Walker Joel H. Klein & Associates Murray Lubitz Law Firm San Francisco, CA Brumbaugh & San Antonio, TX White Plains, NY Quandahl, PC, LLO The National List, Inc. Omaha, NE Johnson, Rodenburg & Newman, Mathis, Santa Barbara, CA Lauinger Brady & Spedale Buffaloe & Associates Fargo, ND Metairie, LA Thomas & Thomas Nashville, TN Cincinnati, OH Jonathan Neil & Osstyn, Ferns & Quinnell Charness, Charness & Associates, Inc. Marquette, MI Wagner, Falconer & Judd, Ltd. Charness Tarzana, CA Minneapolis, MN Montreal, PQ Popper & Grafton Kind & Dashoff New York, NY Wallick & Associates Clearing House Quarterly Baltimore, MD Warwick, RI Gainesville, FL Rausch, Sturm, Israel & Kohn Law Firm, SC Hornik, SC Wanderer Law P.C. Cody, Barden, Daniels & Milwaukee, WI Milwaukee, WI Las Vegas, NV Palo, Incorporated Portland, OR Kohner, Mann & Kailas, SC Rinehart, Scaffidi & Mathews Warren, Drugan & Barrows Milwaukee, WI Milwaukee, WI San Antonio, TX Construction Collection Specialists, Inc. Law Office of Ross, Banks, May, Cron & Weber and Rose, PSC Phoenix, AZ Deborah K. Ebner Cavin, PC Louisville, KY Chicago, IL Houston, TX Craig H. Allen, PA Weiner & Lange, P.C. Greenville, SC Law Office of Ronnie Sacramento Valley Springfield, MA Horsley, P.C. Board of Trade, Inc. Credit Decisions Tyler, TX Sacramento, CA Weinstock, Friedman & International Ltd. Friedman, PA Elk Grove Village, IL Law Offices of Salon Marrow Dyckman Baltimore, MD Martin F. Goldman Newman & Broudy LLP Dennis A. Brebner & Los Angeles, CA New York, NY Wiles, Boyle, Burkholder & Associates Bringardner, Co. LPA Waukegan, IL Law Offices of Stephen D. Smith Debnam Narron Drake Columbus, OH Bass & Associates Saintsing & Myers, LLP Development Specialists, Inc. Albuquerque, NM Raleigh, NC Windham Professionals, Inc. Chicago, IL Salem, NH Lloyd & McDaniel, PLC STA International Engel, Hairston & Louisville, KY Uniondale, NY Wright Holmes Law List Johanson, PC Mount Kisco, NY Birmingham, AL THERE IS AN OCEAN BETWEEN US May/June 2009 3 by Jan Hazes Debt 16 T What has that to do with our business of legal support support of legal business our with do to that has What That is also the fact in our business. US companies are are US companies business. our in fact the also is That For example, try to collect in France from a bad debtor debtor abad from France in collect to try For example, France and parts are from the US, England, Holland etc. etc. Holland England, US, the from are parts and France I have a good example: A German business partner drove drove partner business AGerman example: agood I have I know you got paid directly from time to time and then then and time to time from directly paid yougot I know arespected he is because abroad partner your youtrust If Ido agency. collection aDutch-based as aproblem I have or elsewhere. Italy, Australia various countries. I am happy with it and try my utmost my utmost try it and with happy Iam countries. various car.” I think that is a good example of globalization. example agood is that car.” Ithink don’t you send the good and the bad cases directly to him, him, to directly cases bad the don’t and good the yousend debtor, Italy, Idon’tthe to but in letters send collection more importantly, youand, saves him.That to directly case growing is that world and of the parts all to exporting directly from the US. Letters are returned unopened and and unopened returned are Letters US. the from directly organization and has a good rate, send your collection collection your send rate, agood has and organization if you phone them, all of a sudden nobody understands understands nobody of asudden all youphone them, if is German, it is assembled in Stacie, the chairs are from from are chairs the Stacie, in assembled it is German, is you name it, and buyers who don’t pay their bills in time time in don’t who bills buyers and it, their pay you name you(unless you speak French), and you have a very hard hard avery youhave and French), you speak you(unless your client time and money. I do this myself. If I have a Ihave If myself. money. and this Ido time client your me is that agencies in the US, UK, India or elsewhere fi or elsewhere India UK, US, rst the in agencies that me is me around and I complimented him about his car. He car. his about him Icomplimented and me around member of the CLLA, IACC, ACA or another reliable reliable or another ACA IACC, CLLA, of the member from or Belgium Netherlands the in collect to cases get give the claim immediately to my Italian agent. He knows He knows agent. my to Italian immediately claim the give up contracts with other parties in China, France, Ukraine, Ukraine, France, China, in parties other with up contracts are not only in Milwaukee or Utah, but also in Holland, Holland, in but also or Utah, Milwaukee in not only are make to have clients Our Everything. collection? debt and € it is and how the deal with a fellow countryman. afellow with deal how the the world to the USA. This is globalization. is This USA. world the to the over all from imported are goods hand, other the On this. term, also for you and your client? your youand for also term, longer the in and him, for it more wortwhile making thus themselves. debt the collect to try strikes always that thing but the results, desired the get to time to collect. To be honest, it also can go well, but the but the well, go can To it also honest, collect. to be time business with agencies and law fi law and I theworld. agencies over all with rms business stimulate to everything doing is government the because sent the diffi cult cases to your agent abroad. But, why But, abroad. agent diffi the your to sent cases cult said: “Jan, you know, this is a Korean car but the design design but the car aKorean is youknow, this “Jan, said: “Globalization” is the magic word. magic the is “Globalization” he world seems to have become smaller. smaller. become have to he world seems 3000 cheaper than the same type of German of German type same the than cheaper 3000 THERE IS STILL AN OCEAN BETWEEN US BETWEEN OCEAN AN STILL IS THERE That is the same with more countries worldwide. more countries with same the is That the also is That there. it from handles then lawyer That Idon’t Mexico, New in acase Ihave If nonsense. is That In law cases it is far simpler. If the lawsuit is, for example, example, for is, lawsuit the simpler. If far it is cases law In If I have a collection in the USA I make a good fi agood Imake USA the in I le. acollection Ihave If Of course, if an agency or law fia or law cases agency of an if hundreds has rm course, Of He speaks the language, knows the law, rules and and law, the rules knows language, the He speaks countries, as a North American company can do for me for do can company American aNorth as countries, city where the debtor is located. I often hear: “Send me all meall “Send hear: Ioften located. is debtor the where city or European suits in the USA or Canada, since there are are there since or Canada, USA the in suits or European asen- that aware Be USA. the in suit alaw with opposite of that. examples good enough various the in arrangements offithe necessary make and ce directly to your partner abroad.” partner your to directly I jobon that. agood do to Itry so claim, of the evidence regulations and can advise you how to proceed if a if youhow proceed to advise can and regulations is not the United States of Europe. Law and view points of points view and Law of Europe. States United not the is but basis, on work to acontingency bylaw forbidden it is no treaties between the countries to honor their sentences. sentences. honor to their countries the between no treaties of or amember lawyer aGerman youneed Germany, in Idon’t). are There (unfortunately cases enough Ihad if judges vary from country to country, and your European European your and country, to country from vary judges you Itrust there. over partner business your year all over Europe or all over the US, and does not want not want does and US, the over or all Europe over all year USA”. the throughout them handle Ican and cases your So my statement is: “Don’t do it yourselves, but go but go “Don’t is: it do yourselves, my statement So with me. If somebody has a claim in Norway I will give give Iwill Norway in aclaim has somebody If me. with lawsuit is inevitable. That can be tough in Europe since since Europe in tough be can That inevitable. is lawsuit approach the problem. the approach to way best youthe advise can and this knows partner aggravation. and phone calls paperwork, of youlots save It will does. partner your and it to Leave is: make to trying Iam point above all, quick results, we could, act for them as a liaison aliaison as them for act could, we results, quick all, above and cases these of all progress on the report a monthly agencies don’t provide enough information and hard hard and don’t information enough agencies provide him the address of a trustworthy agency I work with in in Iworkwith agency of atrustworthy address the him heard lawyers complaining at various conventions, that that conventions, various at complaining lawyers heard to negotiate a good rate, so you make money money youmake so rate, agood negotiate to tence in the USA and Canada is not recognized in Europe, Europe, in not recognized is Canada and USA the in tence presented. be to has case the where county the in bar the have to but wants alot of contacts with bothered be to country. that then send the case directly to an agency in the state or state the in agency an to directly case the send then strictly on a negotiated, hourly rate in legal cases. And, it And, cases. legal in rate hourly on anegotiated, strictly send it to an agency or lawyer in Maine. That is the same same the is That Maine. in or lawyer agency it an to send www.hakort.com Web site: [email protected] E-mail: CLLA. the of amember is Jan € to up of cases court claims small in themselves handle can Holland in Agencies international. is work his of Much collection. debt consumer and commercial both handles that Holland in based agency collection a Inc., International Hakort of owner the is Hazes Jan Hazes Jan 5000 EU (about $6,500). $6,500). (about EU 5000

17 Debt3 May/June 2009

C too smart to fall for such an obvious trap — however, the —however, the trap obvious an such for fall to smart too we’re that much We think may reward. agenerous for return in bank overseas an in trapped allegedly of money sums move to large help seeks foreigner adesperate which in scams, Nigerian ubiquitous the with We’re familiar all thing. agood not always is that —and us with touch in people however, new it puts time, same the At encounter. ever not otherwise might we that things and places people, with touch in us it puts tool; awonderful be can Internet The scammers. clever for world new upawhole opened has Internet but the rest, to of scams types —put those part most the —for has lance vigi increasing industry’s collection the years, recent In firms. law like sounded that names had agencies of those Many name. bogus another under later else somewhere upagain pop to —only ran and money the took then offers, settlement enticing with debtors the contacted owed, were that debts legitimate out about found They agencies. collection about unscrupulous individuals who set up phony set who individuals unscrupulous about stories many heard we ’70s, and ’60s the in Back time. along for around been have scams ollection AIMED AT COMMERCIAL COLLECTION AGENCIES - INTERNET SCAMS phone. A bogus check was issued that was drawn on the on the drawn was that issued was check phone. Abogus tele the answered payment immediate promised who tive debtor, the to arepresenta acall made agency collection the when and provided, was “debtor” on the information contact and documentation Detailed reputations. good with companies of established names used scammer The Canada. in debtor afictitious against collecting U.K. the in representation with Rim Pacific the in creditor tious aficti involved schemes recent more elaborate One of the Canada.” and U.S. the both in of lawyers ber - anum defrauded successfully have and checks, corporate or of certified form the in mostly instruments, negotiable counterfeit produced mass to access have suspects The scam. the ‘Collection’ called is what in firms Canadian and U.S. against efforts uptheir stepped have U.K. the and out of Canada operating scammers “Nigerian that says Department Vancouver Police of the Investigations Crimes on Cyber Division the from report A recent business. collection the in engaged firms law and agencies targeted specifically have many months, recent In sophisticated. increasingly become have scams AND ATTORNEYS by Nancy B. Hamilton B. by Nancy (continued on page 20) page on (continued - - -

19 Debt3 May/June 2009 INTERNET SCAMS AIMED AT COMMERCIAL COLLECTION AGENCIES AND ATTORNEYS

(continued from page 19) real bank account of the actual alleged debtor company. contacted, the person is very cooperative and remits the Lucky for the agency, alarm bells went off when the credi- check without much effort. Alternately, the “creditor” tor demanded immediate remittance upon deposit of the company may express desire for the agency or attorney check. If the agency had complied, it would have been out to help “clear the check” to expedite money transfer more than $400,000. The agency involved was a member issues or just act in the background to heighten the of the Commercial Collection Agency Association with debtor’s concern about collection. many years of experience — but it was very nearly misled. As part of the placement deal, the agency or attorney is asked to remit immediately to the creditor. Emil Hartleb, Executive Director of the CCAA, says that The check is a first-rate forgery. In many instances, the these scams occur around the world and are increasing bogus check that is issued is so good that it is virtually in frequency. Both collection agencies and attorneys are impossible to discern that it is a counterfeit. It contains heavily targeted in the U.S. Hartleb regularly updates the actual name and account number of a “real” com- CCAA members as newly encountered fraud schemes are pany as well as the appropriate microcoding. Often it brought to his attention. When he conducted a round- will initially go through the banking system without table discussion on scams recently at the CLLA National detection, only to be bounced back weeks later. Convention in Chicago, a startling number of audience members chimed in with their own similar tales to tell. People who have actually handled fraudulent checks have experienced a variety of scenarios. In most instances, Some of the common attributes of these schemes: the checks are drawn on a legitimate bank account. They usually involve as a creditor an alleged company Sometimes they are exact duplicates of checks that have in the Pacific Rim. The name of that company is that of previously cleared an account, except that the bogus a well-established company with a good reputation. check is payable to a different payee and for a much larger The other entities involved are usually in Canada and amount. In some instances, cashier’s checks appear to have the U.K., although some have involved entities in the been tendered. One collector reported taking the cashier’s U.S. as well. check to the bank for verification and being advised that The sender provides detailed contact information, but the bank could not guarantee the authenticity until the the sender’s e-mail address includes a domain name that check was actually cleared through the maker bank. (A resembles but does not exactly match the real domain variation on the cashier’s check fraud involves a check that name of the apparent sender — or a generic domain is actually written for more than the amount of the debt. such as Hotmail, gmail, etc. will be used. The collector is then asked to refund the amount of the The claim can involve a substantial amount of money, overpayment back to the debtor or to a third party.) often in the range of $400,000 to $600,000, or a smaller sum, such as $20,000 or $30,000. Even more disturbing is the realization that banks actually Documentation is first-rate. Invoices, purchase orders have many weeks to contact the depositor about a bad and proofs of delivery provide a convincing document check. Most of us operate on the false assumption that trail on the account. the usual clearance time is sufficient to determine the Contact information is provided for the debtor that ap- authenticity of a check. But sometimes, these errors do pears legitimate. A telephone number will be provided, not show up until the “real” debtor company reconciles its and it will be answered by a person who claims to be bank statement and notices that a bogus check has cleared

May/June 2009 the debtor. its account. Bank of America advises that a phony check 3 They are an “easy collection.” When the debtor is can be bounced back through the system for up to 60 Debt 20 assist in retrieving “abandoned/unclaimed property.” “abandoned/unclaimed retrieving in assist to supposed was attorney U.S. The fee. agenerous for exchange in firm” management international “an for ciary - afidu as funds and documentation process to asked was attorney U.S. the which in scenario elaborate an described and Cleveland in Quarterly Lawyers American by the referred been had attorney the that indicated letters The Montreal. in located attorney of areal name the in sent were letters numerous 2005, in Beginning country. the across attorneys collection targeted of scam type Another manufacturer. alleged the of heard never had it that advised was he verification, for directly &Decker Black of contacting step additional the took collector the However, when logos. & Decker Black carried many and manufactured, supposedly had company the that of photos tools WebThe site contained Web site. convincing amazingly an found and Internet on the “creditor” out the He checked manufacturer. tool alleged of an on behalf collection alarge handle to solicited was One collector traced. be cannot scammer the where address mailing alternate an to remittance your send to instructed youare and address, or e-mail number telephone scammer’s the to directed youare that so tion informa contact the changing subtly individuals, real and companies of real names the use scammers Increasingly, URL. correct the from altered slightly been had name domain but the similar, was address e-mail the that noted it was examination, Upon closer individual. the sent by message not a legitimate was this that it confirmed means, direct through contacted was firm Hong Kong real the However,when affiliation. CLLA the highlighted even sender The Kong. Hong in located member CLLA known byawell- sent purportedly was that e-mail an involved scam documented One recently members. to CLLA known lists law referenced have e-mails of the Some a mistake. be can client your you know thinking even Sometimes, out of luck. youare sum, on alarge remitted already youhave If days. - yourself? protect to youdo can What trace. to difficult are that identities of bogus series ing ever-chang an using work their continuing are Scammers property. the taking role in their involving lawsuits in mired — and money out of the themselves found cooperated who Attorneys unclaimed. or abandoned not actually was property However, the www.alqlist.com. visit experiences, scam own your regarding comments post to or information additional For attorneys. and agencies collection at aimed scams Internet to related information of dissemination for Web its site on aforum established has Quarterly Lawyers American The isn’t —it probably true. true be to good too it sounds if that is advice sound most the always, As Beware of the attributes of these scams, and be suspi be and scams, of these attributes of the Beware or business. practice on your impact aprofound have can they that and exist scams these that step. Understand first the is Awareness addresses or connections. addresses Canadian with parties involve that issues fraud in terest in an taken also have Police Mounted Canadian Royal The FBI. local your to activity suspicious any Report transaction. and check of the validity the verify to department Payable Accounts the with directly speak to phone Ask number. real company’s the locate to assistance directory or use search online an Do directly. check the drafted supposedly that company the Contact legitimacy: its verify to one way only is there and fraud, the in factor key the always is check The isn’t. what from real is what youdiscern help to able be may that contacts and records have with youdeal that companies list law and CCAA and CLLA the as such Organizations out. find is, person you’re If this who client. your not sure Know it out. check and information contact find pendently Inde given. youare that numbers telephone on the only or debtor, don’t creditor on the rely checking When them. resembles that of anything cious - - - - [email protected] at e-mail via and 1-800-843-4000 at reached be can She Board. Fund Patron the to Advisor and Committee, Meetings National and Committee Membership National CLLA the of member a also is She Editors. Associate of Board CLLA the of Chair Vice and Publishers, List Law of Association the of Treasurer District, Midwest the of Secretary Recording as serves 1979, currently and since CLLA of member a been has She Ohio. Cleveland, in headquartered Quarterly Lawyers American with is Hamilton B. Nancy .

21 Debt3 May/June 2009 foreign TEN QUESTIONS AND collections ANSWERS TO A FOREIGN Domestic business within the United States is the mainstay of COLLECTION LAWYER: the vast majority of CLLA members. However, the increasing globalization of trade makes it important for all lawyers and other collection industry members to know at least a little about how holland collection work is handled in other countries to manage expectations and identify problems before they arise. Clients and creditors may think that it is just as easy to collect a debt in another country as it is in the United States — but that is rarely the case. Jan Hazes  Are there any problems with a U.S. claimant As always, local representation can be key to successfully pursuing a claim against a debtor in your country? collecting debt in another country — however, Holland-based There are no problems if the debtor is a Dutch-based com- attorney Jan Hazes offers insight on international practices in this pany or citizen. Even if it is a foreign entity, provided it has a series of international Q&A’s that will appear in Debt3. working address in Holland, the entity can go to court in the Netherlands.

 The outstanding invoices are in dollars. Can the claim made in court proceedings be in dollars? Claims can be made in any currency stated in the agreement between the parties.

 If there is no contractual right to interest, can interest nonetheless be claimed — and if so, at what rate? Interest can be claimed by law (Art. 6:119) and has to be put in the fi rst demand letter and in the court proceedings. The Steven A Frieze MA (Oxon) interest rate for individuals is 0.5% per month and for commercial cases is 0.8%, which is also a EU directive. Mr. Frieze is a solicitor of the Supreme Court of England and Wales and a licensed insolvency practitioner. He is a partner in the fi rm of Brooke North with offi ces in London and Leeds (England).  Can lawyers in your jurisdiction work upon a contingency-fee basis, and if so, what are the Throughout his career, Mr. Frieze has been involved in litigation and typical rates? especially insolvency litigation although for the last fi fteen years he In the pre-legal stage, lawyers are able to work on a contin- has also specialized in international debt recovery litigation for clients gency fee. The rate ranges from 3% to 15%, according to the based outside the UK who have claims in England and Wales. rates of the Dutch Bar Association. In court cases, contingency fees are forbidden by law. Sometimes agreements are made, He is the author of a number of practitioners’ books on insolvency but the Bar Association frowns upon them. law and has been the General Editor of Insolvency Intelligence (a journal on insolvency law published in England) since its inception in 1988.

Mr. Frieze is a regular speaker at seminars on creditors’ rights and in- May/June 2009 3 solvency and has taken part in such seminars in many countries both

Debt on behalf of the CLLA and other organizations. 22 holland COLLECTION LAWYER: ANSWERS TO AFOREIGN TEN QUESTIONS AND    Deposition hearings don’t exist in the U.K. Evi- U.K. the don’t in exist hearings Deposition in are they if translated be to not do have Invoices is ahearing If Dutch. be must language The is charge The high. are Holland in costs Court Will witnesses be required to visit your your visit to required be witnesses Will proceed- court the would language What with compare costs court do How to be given by video link. link. by video given be to evidence for possible it is one — although is there if trial, the for attend to have will witnesses ultimately, But astatement. through provided initially is dence trial? the in depositions for country necessary. is no translation language, that done in is parties the between communication all and or French German English, in are they but if requested, be can tion —atransla- contracts as —such papers plicated com- For orother, French. very German English, well. speaks and understands also judge the that language a foreign speak to party the allows judge the —unless cases most in interpreter an need will person that Dutch, not speak does parties one of the and requested translated? be to have documents do and in, be ings claims. smaller for —especially considered be to have $450 from $950, to also run which costs, of Bailiff $7,000. of $150 amaximum and aminimum with claim, of the value of the 2.2% U.S.? the    Imposing personal liability on liability personal Imposing Holland. in used are no checks However, almost check Offi on a liable notare corporation of a cers there because enforced be cannot judgements U.S. What liability do offi do liability cers What the for exists liability personal What enforcement regarding rules the are What to prove. prove. to diffi very is But fraud cult bankruptcy. for fi before 10 days goods or ordering ling management negligent example, for — involved was fraud that proven offibe can if it possible is only cers bankruptcy? into goes corporation the if have corporation the of or debit card. card bycredit payment and telebanking involve mostly payments Small fraud. to amount would That it. for return in or services goods obtain would they that and honored not be would check the that initially knew they not unless honored was that honored? been not have that checks issued has that offi corporation of a cers Holland. and U.S. the it for between no treaty is U.S.? the in adebtor against obtained ajudgment of www.hakort.com Web site: [email protected] E-mail: CLLA. the of amember is Jan € to up of cases court claims small in themselves handle can Holland in Agencies international. is work his of Much collection. debt consumer and commercial both handles that Holland in based agency collection a Inc., International Hakort of owner the is Hazes Jan Hazes Jan 5000 EU (about $6,500). $6,500). (about EU 5000

23 Debt3 May/June 2009 24 Debt3 May/June 2009 member news member announcement. the submitting to those notice prior without submissions to edit and photos or submissions to publish whether to determine right the reserves of America of League Law Commercial News, Member to: e-mail or fax mail, by America of League Law Commercial the to sent be may News Member for Submissions The Commercial Law League Law Commercial The [email protected] e-mail: 312-781-2010fax: 312-781-2000 60601 IL 630, Chicago, Suite Street Lake 70 E. ®

dent of the Commercial Law League of America. League Law Commercial of the dent Presi the as He served Lawyers. of Preeminent Registry Bar The Martindale-Hubbel’s in listed is and America in Lawyers Best the in included been has Lawyer, Super Massachusetts a named been having as honored been previously He has insolvency. and bankruptcy to relating matters in consult to law. He continues bankruptcy transformed have that cases leading several in involved been has and cases significant nationally many in committees creditors’ and lenders for counsel as served law. He has bankruptcy and rights creditors’ law, commercial in specialized that Berman Kamberg, of firm law boutique of the principal the 2007, in he was Counsel” as “Of Bacon/Wilson of firm the joining Before 57 years. for bar Massachusetts of the amember been has Berman Year. the of Lawyer Senior the as named being for aLawscar receive to nominated bar of the members one of eight was Berman profession.” the in distinction and achievement of celebration annual “an as presented is program The Boston. in Hotel Fairmont Copley the at held program Law the in Excellence recent the at announced was selection Weekly. The Lawyers Massachusetts and Association Bar Massachusetts the by Year of the Lawyer Senior named been has Bacon/Wilson, of firm law Massachusetts Springfield, Berman B. Eugene s Attorney Lawyers. Trial of Business Association of the chapter Valley Joaquin San of the President the as serves also Horowitt Mr. Association. Bar Creditors California of the Treasurer elected also was Horowitt Mr. category. same the in 2008 and 2007 in Lawyer” “Super California aNorthern named was Horowitt Mr. litigation. business of category the in 2009 for Lawyer” “Super California aNorthern as selected been again LLP, has & Horowitt, Horowitt J. s Darryl (417) 889-6161. (417) 889-0111, fax: Mo., Springfield, LLP, &Green Evans Evans, S. Douglas 2009. for Lawyers Super Missouri-Kansas as selected been again have LLP Green & of Evans D. Green Brent and Evans S. s Douglas Miami. in of GrayRobinson partners as started Solomon and 27, on April Schatzman 2009. made was announcement The Florida. South in practice, bankruptcy of GrayRobinson’s head the GrayRobinson, to moving are Solomon Steve partner and Schatzman s Robert Among OurMembers… , a partner in the law firm, Coleman Coleman firm, law the in , apartner , Of Counsel to the the to Counsel , Of - him well in his practice. practice. his in well him wish and Mr. to Schwartz we apologize Again 205-933-9453 Fax: Tel: 205-933-9451 35205 AL Birmingham, Jr. South Blvd. Arrington 1609 Richard Schwartz M. Leonard of Office at: reached be can He Schwartz. M. Leonard of Office the at law practice to continuing and well doing is Leonard case. the not is fact, in This, deceased. as AL Birmingham, of Mr. Schwartz lists page Memoriam” “In The book. program “on site” meeting’s Spring CLLA the in error by an misled been have may who anyone and Schwartz Mr. to Leonard apologies sincere our we extend staff, CLLA the of behalf On Note Editor’s Donations of Detroit, Michigan. Fund for the Quarterly Lawyers of American Thomas and Nancy Hamilton Hamilton Thomas and Nancy Future Future Kenneth Kahn Kenneth Kahn in memory of memory in

Newly Members Admitted Tom Steed 20036 DC Washington, 400 N.W., Suite Street 19th 1020 P.C. Offices, Law Mauro Esq. Mauro, A. Thomas Washington COLUMBIA OF DISTRICT STATESUNITED Robert Markoff Robert 61615 IL Peoria, Street, Sommer N. 7800 P.C. &Noble, Bunce Johnson, F. Johnson Brian Peoria 60143 IL Itasca, Rd., Heights Arlington 1200 Inc. Collections, Atradius Casey G. Judith Itasca ILLINOIS 33548 FL Lutz, 205 CoastalGrove Blvd., Suite102 & Sinsley Newburger Barron Sinsley A. Barbara Lutz 32204 FL Jacksonville, Place 707 Peninsular P.A. |Henderson, Tritt Jimerson B. ❖ Charles Jacksonville 33312 FL Lauderdale, Ft. Road, 5201 Ravenswood 1st of Merchants A Division International RecoverySevices, Inc. Schultz A. Jared Lauderdale Ft. FLORIDA new members, names will appear in italics underneath their listing. listing. their underneath italics in appear will names members, new these referred have who members League CLLA. the with membership their T Suite 425 Suite 410 Suite Weir, PLLC 111 Suite Int. Turst, June 2009. Members whose name a( name whose Members 2009. June and May of the months in members official become will They 2009. April and of March months the in publication electronic League’s the in applicants as appeared individuals he following Southfield 49503 MI Rapids, Grand 171 Ave NW, Monroe &Borsos Hudgins Enderle, Kreis, Schultz C. Raymond Rapids Grand MICHIGAN 01970 MA Salem, 202 Suite Street, Church 30 PC &Associates, Cohen Cohen M. Jeremy Salem MASSACHUSETTS 21230 MD Baltimore, Blvd. Washington 1804 Inc. Systems, Financial NCO Hughes M. Angela Baltimore MARYLAND 40222 KY Louisville, Rd. Shelbyville 9300 PSC Crafton, Alber Gannott M. Peter Louisville KENTUCKY Richard B. Frandsen B. Richard 68114-3431 NE Omaha, 400 8712 Suite Road, W. Dodge LLP &Rogers, Pohren Lazer Slusky, Gardner, Smith, Curzon D. Christopher Omaha NEBRASKA 48034 MI Southfield, Rd. Franklin 28366 PLLC &Leduc, Ritter Holzman Esq. Mattieson, Chiara Suite 900B Suite 1300 Suite Place, Hurston ❖ ) appears have reinstated reinstated have ) appears Wall, NJ 07719 NJ Wall, Building One 1383100 West Route PC &Ragan, Ragan Jr. ❖ W. Ragan, Peter Wall Tom Hamilton 8034 NJ Hill, Cherry 411 70 East Route W. Rosenberg, Barry Esq. W. Rosenberg, Barry Hill Cherry JERSEY NEW David K. McMullin K. David PA 15219 Pittsburgh, 1007 Suite Avenue, Forbes 564 LLC &McMullin, McMullin McMullin K. Andrew Pittsburgh Foley G. Ryan PA 18104 Allentown, 100 Suite St., Tilghman 2030 Offices Law &Brennan Croslis T. Croslis Matthew Allentown PENNSYLVANIA 44114 OH Cleveland, Street, Ninth 1301 East LLP &Haverfield Walter Zaverton D. Michael Cleveland OHIO 13407 NY Mohawk, 331,1226 Box Road PO Kingdom Receivables Management Kenny John Mohawk YORK NEW Brinley Plaza, Brinley Law at Attorney Suite 3500 Suite member news member Joe Prochaska Joe 37219 TN Nashville, 2600 Suite Street, Church 401 P.C. &Prochaska, Williams Esq. Todd Hancock, H. Nashville TENNESSEE 29201 SC Columbia, St. 1704 Main LLP &Lybrand, Miller Rubin, McKenzie, McDonald, T.Kevin Brown Columbia CAROLINA SOUTH Houston, TX 77036 TX Houston, #160 Blvd., 7211 Square Regency International Equator The III Webb, E. Johnny 77036 TX Houston, 100M Suite St., Bissonnet 9894 & Schwartz Levin, Henderson ❖ Terrance Houston 75006 TX Carrollton, 120 Suite Rd., 3310 Springs Keller Inc. Bureau, Adjustment Regional Lee Waddell Carrollton 78701 TX Austin, 104 Suite 1212 Guadalupe, & Newburger Barron, W. Sather ❖ Stephen Austin T ex Group, LLC Group, LLC Kellenberger PLLC Sinsley, as

25 Debt3 May/June 2009 26 Debt3 May/June 2009 league business league a candidate for the President’s Cup Committee, please forward their name: their forward please President’sthe Committee, for Cup candidate a consider you individual haveyouan if and below, standardsreview the Please members. CLLA all fromrecommendations candidate to open is President’sCommittee The Selection Cup chosen are few Join,but Many ______recommendation: this forreason and qualifications of Summary professional and business, personal, his/her Conducted • lawcommercial of practice improvethe Helped • lawyercommercial the of image the Elevated • League the for service outstanding Rendered• President’sthe for standards Cup: the of Summary life in a way that gained respect from/of his/her community his/her from/ofrespect gained waythat a in life League the of laymembers the of activities business the of or League the of laymembers or membership its and Burns Kahn. Memorial contributions may be made to St. Paul on the Lake Church, 157 Lakeshore Dr., Grosse Pointe Grosse Dr., 157Lakeshore 48236 MI Church, Farms, Lake the on Paul St. to made be may Fishaw contributions Marguerite Memorial wife, Kahn. second his Burns and Kahn Forbes Virginia wife, first his by predeceased was He Knowles. Margaret V. and DuCharme Kathryn Mary daughters and Phillip-Kahn, Rosemary wife, his by survived is he sons, his to addition In law. commercial of practice the and members its CLLA, the to service outstanding for recognition in President’s Cup In 1987,The (Phoenix). awarded James was and Kenneth (Atlanta) Thomas sons two his with along U.S. Supreme Court the before practice to admitted 1985 In was he member. active an remains James, son, his and CLLA, the in active both were Max & law. Ken corporate and bankruptcy commercial, in specializing law Kahn Mr. practice to Kahn graduation, Max 1947,father, his joined In following State. Wayne to returned he war, the After Department. War the of School In to 1944 in the Jamaica. British Liaison he of Language joined the the Japanese Faculty as Military Division Intelligence K F.Kenneth Kahn I n M reserve officer in the U.S. Army and was called to active duty during World War II. He served in the Military Military the in served He II. World War during duty active to called was and Army the U.S. in officer reserve a also was Ken School, Law University WayneState attending 1939. since While League Law Commercial of the member proud a was He 91. of age the at 2009, 20, April on away passed MI, Detroit, of F.Kahn, enneth emoriam CITY STATE NAME MEMBER CLLA PRESIDENT’S CUP RECIPIENT RECOMMENDATIONRECIPIENT CUP PRESIDENT’S CLLA RE: FROM: [email protected] E-mail: 440.871.9997 Fax: 800.843.4000; Phone: 44145-1532 OH Cleveland, 853 710 Suite WestpointParkway, Lawyers Thomas Quarterly American Hamilton,The W. Mr. TO Commercial LawLeagueofAmerica LEADING THE WAY Westin Avenue Michigan on Hotel (Saturday, 18, April 2009 Chicago/Spring National Convention. National contested Theonly Chicago/Spring The Young place took at the elections Section Members’ YOUNG MEMBERS’ SECTION election was for Executive Council Member (4 seats seats (4 for Executive Council was Member election automatically installed as Young Members’ Section Representative Representative Section Young as Members’ installed automatically EXECUTIVE COUNCIL MEMBERS: COUNCIL EXECUTIVE Immediate Past Chair, Julie Rausch of Milwaukee, Wisconsin was was Wisconsin Milwaukee, of Rausch Chair, Julie Past Immediate from 9:00am-12:00pm) in conjunction with the the with in conjunction from 9:00am-12:00pm) available). The election results are follows: results as Theelection available). to the CLLA Board of Governors for 2009-2010. 2009-2010. for Governors of Board CLLA the to Springfield, Massachusetts Massachusetts Springfield, Walter J. Lockhart J. Walter Matthew Richburg Matthew Wilmington, Delaware Delaware Wilmington, Milwaukee, Wisconsin Milwaukee, Princeton, New Jersey Jersey New Princeton, David Mendelson David Uniondale, New York New Uniondale, Memphis, Tennessee Memphis, Baltimore, Maryland Maryland Baltimore, Pasadena, California California Pasadena, OFFICERS: Jeffrey Lippman Jeffrey Jonathan Allen Allen Jonathan Daniel Kerrick Daniel CHAIR -ELECT CHAIR John Guerrini John TREASURER SECRETARY Gary Tier Gary CHAIR n n n

league business league encouraged to submit toencouraged of knowledge among CLLA members that members CLLA among knowledge of would be beneficial to all if shared. if all to beneficial be would members Have an idea for an article? article? an for idea an Have regularly runs articles on law office or lawoffice on articles regularlyruns in practicing law are welcome as well. as welcomelaware practicing in Debt [email protected], fax it to 312-781-2010 to it fax [email protected], articlesDEBTfor Why not write for Debt for write not Why or would like to submit an article, an submit liketo would or of articles it publishes written by written publishes it articles of collection agency management, agency collection There is a tremendous wealthtremendous a is There or call the CLLA headquarters headquarters CLLA the call or Feature articles and analysis and Featurearticles 3 technology and marketing.and technology If you have an article idea article haveyouan If Articles on practical tips practical on Articles wants to increase the number the increase to wants members of the CLLA. the of members cases are encouraged. are cases of new and significant and new of CLLA simply e-mail it to: it e-mail simply at 312-781-2000. at 3 Debt ? 3 3

27 Debt3 May/June 2009 28 Debt3 May/June 2009 league business league Ernest “Rick” Thomas, III Thomas, “Rick” Ernest COMMERCIAL COLLECTION AGENCY AGENCY COLLECTION COMMERCIAL The following members were elected to the 2009-2010 Board of Governors at the Chicago/Spring National Convention Convention National Chicago/Spring the at 2009-2010 tothe of Governors Board elected were members following The (April 16-19, 2009). The Attorney Board Member Representative election (two seats available) was the only contested contested only the was available) seats (two election Representative Member Board 16-19,(April Attorney The 2009). Thomas & Thomas & Thomas Thomas Term Expires: 2010Term Expires: Gammons J. Barry of Offices Law Cincinnati, Ohio Ohio Cincinnati, ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY Williams, Babbit &Weisman Williams, PRESIDENT PRESIDENT RECORDING SECRETARY RECORDING Bernstein & Bernstein, P.A. &Bernstein, Bernstein Charleston, South Carolina Carolina South Charleston, BANKRUPTCY SECTION SECTION BANKRUPTCY &Rubin Rubin Talianoff Steven A. Ungerman Ungerman A. Steven Robert A. Bernstein Bernstein A. Robert Nashville, Tennessee Nashville, Barry J. Gammons J. Gammons Barry Boca Raton, Florida Florida Raton, Boca Ungerman A. Steve REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE Term Expires: 2012 Term Expires: Term Expires: 2010Term Expires: 2010Term Expires: Term Expires: 2010Term Expires: Term Expires: 2011Term Expires: Bruce Godwin Godwin Bruce Miami, Florida Florida Miami, Jeff E. Rubin Rubin E. Jeff Dallas, Texas Dallas, election, held at the Westin Hotel on Michigan Avenue in conjunction with the meeting. the with conjunction in Avenue Michigan on Hotel Westin the at held election, The above elected members of the Board of Governors will join the following the join will of Governors Board of the members elected above The 2009-2010 of Board Governors Springfield, Massachusetts Massachusetts Springfield, PRESIDENT –ELECT PRESIDENT Term Expires: 2010Term Expires: to comprise the 2009-2010 the of Governors. to comprise Board Weiner & Lange Weiner &Lange Gary Weiner Gary LAW LIST PUBLISHER REPRESENTATIVE PUBLISHER LIST LAW Commercial Law League of America League Law Commercial CREDITORS’ RIGHTS SECTION SECTION RIGHTS CREDITORS’ ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY EXECUTIVE VICE PRESIDENT VICE EXECUTIVE Schatzman & Schatzman, PA &Schatzman, Schatzman List Wright Law Holmes Mount Kisco, New York New Mount Kisco, Christine Hays Hickey Hickey Hays Christine Robert “Beau” Hays “Beau” Robert Indianapolis, Indiana Indiana Indianapolis, PC &Levin, Rubin Jeffrey Schatzman Schatzman Jeffrey REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE Term Expires: 2012 Term Expires: Term Expires: 2010Term Expires: Term Expires: 2010Term Expires: Term Expires: 2010Term Expires: Hays &Potter,Hays PC Oliver P.Oliver Yandle Donald B. Scott B. Donald Atlanta, Georgia Atlanta, Chicago, Illinois Chicago, Miami, Florida Miami, IMMEDIATE PAST PRESIDENT IMMEDIATE St. Louis (Crestwood), Missouri Missouri (Crestwood), Louis St. Term Expires: 2010Term Expires: Gamache &Myers Gamache David Gamache Gamache David AGENCY SECTION REPRESENTATIVE SECTION AGENCY SC &Hornik, Israel Sturm, Rausch, Inc. &Stevens, Becker McKenzie, ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY ATTORNEY BOARD MEMBER MEMBER BOARD ATTORNEY YOUNG MEMBERS SECTION SECTION MEMBERS YOUNG Law Offices I. of Joseph Offices Terkell Law &Bean Webster, Chamberlain Woodland Hills, California California Hills, Woodland LLP &Bubman, Mirman Milwaukee, Wisconsin Milwaukee, Lakeville, Connecticut Connecticut Lakeville, LEAGUE COUNSEL LEAGUE New City,New York New REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE REPRESENTATIVE Term Expires: 2012 Term Expires: Term Expires: 2010Term Expires: Term Expires: 2010Term Expires: Term Expires: 2011Term Expires: Alan I. Nahmias Nahmias I. Alan Washington, DC Washington, Julie A. Rausch Rausch A. Julie Marc Hirschel Hirschel Marc Joseph TerkellJoseph David Goch Goch David Firm Law Lubitz Murray White Plains, New York New Plains, White Term Expires: 2012 Term Expires: Murray Lubitz Lubitz Murray TREASURER national committees: national various of our chairs of the some recognize and thank to like also I would members. elected recently whomyou’ve and our Governors, of met, Board our office; League the in Flesch Meghan and Hart Elizabeth and President, Vice Executive our Yandle, Oliver as such term, each after and before forward moving League the keep who individuals dedicated other many are there and one year, only president’s is The term dedication. and service your youfor We thank recognized? be and stand please you Will presidents. past esteemed of our many so with morning yesterday abreakfast attend to honored Iwas and presidents, of former comprised Committee, President’s the Advisory committee, dormant along kindled re recently has David years. several last these working enjoyed immensely Ihave whom with my predecessor, Gamache, David did So president. —our as well serve —and become indeed did Jerry that know We all 10 years! just in Alot changes not!” course Of “You’vehesitation, kidding! be to got less even with Ireplied which to question, same methe asked then Jerry course!” “Of said, and hesitation any mewithout at he looked and ident, Pres for run ever he would he thought if him Iasked of Governors. Board the for running to forward looking he was told methat Jerry Members, of Young council on the still Iwere and Myers Jerry when ago, Years organization. great of this President as youtonight before standing Ifeel inspiration and awe the to compares —nothing conference F Conference Chicago 2009 CLLA the at Presidential Speech of Rick Thomas • • • • • • Califano and David Gamache this year; year; this Gamache David and Califano byPeter chaired be will which year, past this Peter Califano and Slovin byRandy co-chaired Committee, Affairs Government The Tamari; byWalid 2009 in chaired be will and Bernstein Bobby by year past this chaired was which Committee, Membership The Sheriff; Mark and Ingold Bob by year this and year last co-chaired Committee, Marketing The Gamache; David year, this chair co- anew and Slovin byRandy chaired FDCPA Committee, The Barr; Paige and Rubin byJeff co-chaired and Majewski byBrenda year this chaired Committee, Education National The Eliades; byGeorge year coming the in chaired be will and Lubitz Murray by year past this chaired was which Grievance, and Arbitration volvement as chair of this region — helping to plan this wonderful wonderful this plan to —helping region of this chair as volvement my —to in Olympics Mini and programs educational with helped I —where Section Young Members the in rom my involvement - - - on for close to three years. It is the foresight of our leadership — which —which leadership of our foresight the It is years. three to on close for working been has League the that plan You’ve strategic the about heard them. see to vision We the need just limitless. are League the in tion innova and growth for opportunities the and opportunity; present lenges Chal times. economic difficult these survive will we And renewals. social and World conflicts two numerous Wars, Depression, Great —the times worse survived have of America, League Law Commercial the yes, and try coun our society, Our of invention. mother the is necessity that heard all We’ve offer. to have industry and society our best now, out the bring face we as such times, challenging that realize to We history to look to have League! Law Commercial of the member a be to time it —It say agreat IS I’ll that, all despite so League,” Law Commercial of the member be to “It’s time agreat phrase, catch his used Gamache Dave it when liked Ialways year. last from down is meeting this at attendance Our associations. other bymost experienced being low that be is attrition our although and members new adding strides great make we though —even decline to continues membership Our challenges. economic current the to not immune is CLLA the else, everyone Like 201s.401s andbecome our have financially, gling strug are firms of our many level, apersonal On tanked. has economy our and crashed has market housing The Now, note. on amore to serious tonight! here have we volunteers the at look just and organization, We avolunteer-driven are have: we everyone, naming Without sections. and regions our of members council and chairs vice chairs, the thank to like also I would but not least, last And • The Creditors Rights Section Rights Creditors The Section Bankruptcy The Section Young Members The Association Agency Collection Commercial The Region Midwest The Region Western The Region Southern The Region Eastern The Region England New The Chuck Pona. Chuck and byJerry year next co-chaired be will which 2008, Iin and ers My byJerry co-chaired Committee, Collection Consumer the league business league (continued on page 30) page on (continued ------

29 Debt3 May/June 2009 30 Debt3 May/June 2009 league business league of Jeff’s team. of Jeff’s members the and Flesch Meghan Majewski, Brenda Rubin, of Jeff efforts the to thanks met, largely been has Committee, Education National the through programming of educational coordination the goals, One of the work to on: goals five upon settled group 2011, in strategic vision of the that members the reach to order In that: organization an be to CLLA We the want changes. by2011, years, some implement would we three in that decided it was However, values. core our to 115 in regard in changed years has Not much values: core five with emerged They August. past this Orlando in ference con planning strategic the at gathered CLLA of the leaders 50 More than CLLA: of the 115 onset adopted the at ago years objectives primary four out the pointed Wanda ago, years two speech her In plan. strategic of the torchbearer recent the been has Borges Wanda industry. of this forefront the at remain to ourselves position we ensure to of my presidency objective primary it the make and plan the to committed Iam youthat I assure 115 another for years. forward organization our carry to planning strategic deliberate with course the stay to dedication and commitment leadership’s our illustrates —and crisis economic the before process this started 29) page from (continued 5. 4. 3. 2. 1. • • • industry. our in leader We the are and, education; We high-quality provide opportunities; leadership and We business create We relationships; foster and ethics competence, through value and We service provide and of fraternity afeeling members its among foster to And in and members its among of dealing course honorable an To encourage law; of commercial practice the improve and To standard the elevate affecting matters in of legislation To promote uniformity Committee. Education National the through coordinated is programming educational CLLA all that ensure to aprocess establish to And activities; League over control Governors of Board the give that policies and rules governance To establish need; to according them allocate and level national the at resources financial To consolidate area; bypractice CLLA the reorganize to aplan To establish national; for aprofit at meetings To York New Chicago and run President. Vice of Executive control the under processes administrative and nances fi all coordinate and streamline of Governors Board its had Has community; business of the needs on the of law, based areas on substantive built ings) meet and education (including structure and orientation an Has practice; of commercial areas and industry credit the in opportunities to attuned and vibrant Is professionalism; confidence. mutual large; at profession the law; commercial - - - organization it has always has been. been. has always it has organization leading vibrant, the of America League Law Commercial the make to me with working youfor thank of all, most and involvement past your youfor thank tonight, patience your mewith indulging you for Thank supporter! my best Kim—certainly wife, and friend my youto best thank not least, but certainly last, And them. without League the to commitment this couldn’tmake I office, the in slack up the home at picking for my to brothers go thanks Also, Icouldn’t. I thought when meIcould tell to there always My mom was mid-’70s. the in ings meet League meto bringing 1968 started and since amember been has up. My dad stand Please Nan. and Skip me —my to parents, special most the are who those not recognize Idid if tonight, mentioned Ihave people dedicated wonderful, the all recognizing after remiss, be Iwould Finally, forward. tion organiza this driving continue —will leadership CLLA the with along you — times, difficult and challenging these YOU, is through and CLLA The committees. region and section the and councils, section the councils, regional the committees, national on the people the all it is of Governors; 17 Board the it on is your people of planning; days three for August last Orlando to came who people 50 the ,it is acronym an not just is CLLA the because thrive will we Iknow thrive. It will survive: just more than do will CLLA the yes, and times, challenging and difficult in Yes, are we youput in. what fold ten organization out of an You take You’ve again: and it time heard expertise. and knowledge their and lend time their sacrifice to willing are who We leaders need boards. and councils committees, on the volunteers We need implementation. and of planning levels all at value gain we that volunteers our through it is and organization, We avolunteer are members. existing retain and bers - mem new attract will we friendships, forming YES, and professionalism, networking, of education, form the in value, provide we if that I believe on value. focus to have —we organization this better to numbers bership - on mem focus cannot we Ibelieve membership. increasing about said was nothing mentioned, previously objectives and goals the in You’ll notice involvement. need we asurvey; to aresponse more than need But we efforts. our focus to helps and are, goals common our think leaders your what It reinforces strong. was response the and questionnaire, lengthy fairly sent out a office League The input. and help your youfor upon call to Ineed goals, common our towards niously workharmo to continue and lead to continue To vibrant, be to continue well. as move forward process the seeing to dedicated Iare and leaders CLLA other The succeed. and continue process the seeing to committed is and days 90 every meet to continued has group strategic this that is thing important the But undertaking. the of magnitude the of because difficult are others thinking; conventional challenge slowly. goals of the Some more alittle some quickly, —some progress making are goals Other - - - C already have a profi le on one or both of these sites. All you profia All have sites. already these of both le on one or may you are, Chances information. and documents share and announcements, job and items news post discussions, initiate can you Here, development. business and working ( com/groups?gid=1929895 LinkedIn in group Our and more. messages, public or personal send links, information share colleagues, and members other profiwith connect le, php?gid=189997935716 ( partners. and prospects business colleagues, with interacting and immediate information sharing for and opportunities interactive, dynamic, offer sites working net- Social engage? I can else Who know? to get I can else Who there? be will else Who Twocommunity: is sionally? profes- and personally grow I can How learn? I can What content: is One reasons. core two for gather people fundamentally that says Nour David strategist networking social business. for opportunities hold rich communities member these that suggest among trends The 35-49. been aged people has growth audience greatest the that notes report the 35 crowd), under the least at (or kids for just are MySpace and LinkedIn Facebook, as such sites think may you While year. previous the than 2008 in communities email. spent And users 63 percent more member time using to 65.1 compared as year, for last percent communities” ber “mem- accessed globe the across users internet of percent 66.8 study, the to email According reach. worldwide of terms overtaken in had networking social 2008, of end the too. business, about all are net- LinkedIn and Facebook “social as such sites as portals”, to working referred are they While development. business and networking for effi vehicles and cient fective ef- be can that engaged staying and connections making of means other are there important, vitally still is interaction face to face While contexts. of variety a in done gets ness busi- world, high-tech today’s in But business. doing for http://www.facebook.com/home.php?#/group. CLLA has launched a new group on Facebook Facebook on group new a launched has CLLA Atlanta-based Economics, Relationship book, his In by that, shows Online Nielsen from report recent A through social networks and media and networks social through is…connectingCLLA with members the League. CLLA is clearly an important forum forum important an clearly is CLLA League. the join why members reason leading the was working net- that showed survey membership LLA’srecent ) that will allow you to create a create to you allow will that ) ) offers another avenue for net- for avenue another offers ) http://www.linkedin. viewpoint because of his many contributions to its success. success. its to contributions many of his because measure small no in is that and League, Law Commercial it’ssays, always David to a As time be great a member of the guide. and ateacher as him had have to fortunate Iam and America, of League Law Commercial the for strides great in resulted have vision Executive and leadership your His President. as Vice tenure my started I as mentoring and counsel support, amazing his for Gamache David to tion them. improve can we so and hope on your you’ll share thoughts new these initiatives feedback your appreciate we always, As skills. professional and business your both develop and other, each with tion informa- share colleagues, and members with connect you help will tools new these hope we website, revamped and channel. it our to add we’ll and know us let share, to like you’d video related community. And if collections you or have business- CLLA and credit the facing issues and updates, the industry about League, leaders CLLA from messages as well other as and events, meeting that from clips more adding be well. We’ll YouTube as on meeting the of highlights catch can you meeting, Chicago ofthe for you those And who missed address. farewell Gamache’s David President Past mediate Im- watch also Youcan too. it watch can you Chicago, in 18April Thomas’ attendees to speech Meeting the National you Rick President YouTube. CLLA via with read you can Notonly them sharing and events and meetings CLLA’s from moments candid and testimonials events, capturing are We so. think you’ll hope We priceless? is video haps sites. the from receive you that information of level the profiand your on page le displayed is that information of level the control can you and choose you as information little as or much as add can profi You online le. an creating for steps the through take you will site the and password, a and address email your a ating profi leis easy. All you have to do is enter your name, cre- sites, of these up for either signed not currently you are If network. the joined have who associates and members on CLLA to other the them join. to You’llall be connected to do fineed is click and above links the using group nd our On a separate note, I want to express my apprecia- deep to note, I express want On a separate newsletter electronic Connections new our with Along per- so words, thousand a worth is picture a say They [email protected] at e-mail via and 312-781-2000at reached be can He America. of League Law Commercial the of President Vice Executive the is Yandle Oliver

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It’s the site designed by commercial law professionals for commercial law professionals—featuring:

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