Legal Remedies for Delinquent Customers
Event
- When:
- Wed, December 5, 2018, 03:00
- Category:
- Webinars
Description
General Information
Cost: Members: $95
Non-Members: $195
Time
US: 3:00pm ET
About the Webinar
Credit professionals, despite their best efforts, will always end up with customers that are seriously delinquent on their payments. Most companies engage in phone calls, email correspondence, or other methods of inducing payment. These methods, depending on prior relationships, can be effective. However, what happens if these collection efforts are unsuccessful? What are your options? While a multitude of legal options exist that can enhance a credit department’s ability to collect on past due invoices, the application of those options to the facts and circumstances, and a weighing of the costs of exercising those options against the potential benefit, must be carefully considered.
During this presentation, our panelists will engage in an interactive dialogue on the various legal remedies that may be available to you against a delinquent customer, whether under state statutes or common law. We will further discuss how the universe of remedies can be expanded based on negotiated provisions in your credit applications and supply contracts, as well as security agreements, personal and intercorporate guarantees, and other third party credit enhancements. The pros and cons of each of these legal remedies will be debated, as well as their relative costs and time commitments.
Finally, we will discuss best practices for credit professionals to engage in when drafting credit applications, credit policies and supply contracts in order to maximize the likelihood of successful collections when filing suit against a past-due customer.
About the Speakers
Brian Jackiw is a partner in the Bankruptcy and Restructuring Practice Group. Brian is experienced in bankruptcy and commercial litigation, having represented plaintiffs and defendants in avoidance actions, complex bankruptcy claim disputes, breach of fiduciary duty actions and bankruptcy fraud litigation. Brian has prosecuted millions of dollars of preference litigation claims on behalf of liquidating trustees and Chapter 7 trustees, and has defended hundreds of preference and fraudulent transfer claims, on behalf of individual defendants, in jurisdictions throughout the United States. Beyond litigation in the bankruptcy courts, Brian has experience in general collection and commercial law litigation. Brian has also spent significant time advocating on behalf of general unsecured creditors through his representation of official committees of unsecured creditors. This representation has allowed Brian to engage in significant and complex issues such as assets sales, liquidation under Chapter 11, disputes regarding a secured creditor’s perfection of a security interest, and other matters. A portion of Brian’s time has been focused on distressed community and regional banks, with an emphasis on representing bank holding companies, or their creditors, in the banks' restructuring efforts. He has worked with banking institutions in the Chicago area in connection with their ongoing recapitalization efforts. Before becoming an attorney, Brian served as an Officer in the U.S. Army.
Thomas Fawkes is a partner with the law firm of Goldstein & McClintock LLLP in its Chicago office. Tom focuses his practice on bankruptcy, creditors’ rights and financial restructuring matters, representing official committees, unsecured and secured creditors, debtors, financial institutions, post-confirmation trustees and asset purchasers in Chapter 11 and 7 bankruptcy cases, out-of-court restructurings, and liquidation proceedings throughout the United States. Tom also assists his clients in structuring commercial transactions with a view towards mitigating risk of future bankruptcy and insolvency losses. Tom has been selected by the editors of Turnarounds & Workouts as an Outstanding Young Restructuring Lawyer, an honor given to only 12 attorneys across the United States each year and was recently recognized as a Ranked Lawyer in Bankruptcy and Restructuring by Chambers and Partners.
Webinar Access
Instructions to join the Webinar will be sent to the main registrant's email address the day before. Remember! please log-in at least 15 minutes prior to the webinar commencing to ensure ample time for technical assistance if needed.
