Collecting Debt: Strategies for Navigating Collections Law Effectively for Paralegals and Associates

Alan C. Hochheiser | Maurice Wutscher LLP

Alan Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors.

Among his accomplishments, he has successfully resolved non-dischargeable claims based upon fraud conversion and breach of fiduciary issues and has successfully handled the assumption of leases in the bankruptcy of a major airline.

Al has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

He is a frequent speaker and author on topics relevant to creditors’ rights and bankruptcy law.

Al is the incoming Chair of the ABA Consumers Bankruptcy Committee, Consumer Committee member of the American Bankruptcy Institute, an associate member of the National Association of Bankruptcy Trustees and a Creditors Auxiliary member of the National Association of Chapter 13 Trustees. Al is also a member of the American Bankers Association, ACA International, the International Association of Privacy Professionals, the Mortgage Bankers Association, RMAI, the Northern Ohio Credit Association, the Ohio State Bar Association and the Cleveland Metropolitan Bar Association.

In addition, Al actively volunteers for several civic associations in his community. He is a regular volunteer for the Montefiore Home-Fairmount Temple Mitzvah Corp., Past Vice President of ARMDI and Past President of the Fairmount Temple Brotherhood.

Al earned his Bachelor of Arts cum laude from the State University of New York at Albany and his Juris Doctor from Case Western Reserve University School of Law.

He is admitted to practice law in Ohio, the U.S. Supreme Court, the U.S. Courts of Appeals for the Third, Fourth and Sixth Circuits and the U.S. District Courts for the Eastern and Western Districts of Michigan, the Northern and Southern Districts of Ohio, the Western District of Pennsylvania and the Eastern and Western Districts of Wisconsin.

Jake VanAusdall | Maurice Wutscher LLP

Jacob “Jake” VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP. He practices in the firm’s Consumer Credit Litigation and Commercial Litigation groups predominantly representing creditors and financial institutions. Jake also has substantial litigation experience representing clients involved in intellectual property, construction, business and bankruptcy matters.

Jake also represents numerous clients in the revenue-based financing industry. Jake has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2024), and is a member of the Revenue Based Financing Coalition and Receivables Management Association International.

I. Navigating Compliance with the FDCPA and Collection Protection Laws | 1:00pm – 1:30pm

• Detailed review of the Fair Debt Collection Practices Act (FDCPA)
• Compliance requirements and restrictions
• Understanding the rights of debtors to prevent harassment and other violations of the FDCPA
• Defending alleged violations of the FDCPA before and during litigation

II. Cybersecurity and Data Protection for Creditors and Collection Agencies | 1:30pm – 2:00pm

• Impact of data breaches on the financial services industry and collection companies
• Best practices for maintaining compliance, threat detection tools, and response to data breaches
• Examples of Collection Agencies that have had data breaches
• Examining damages from data breaches from reputational to financial loss

Break | 2:00pm – 2:10pm

III. Effective Settlement Negotiations and Structuring Repayment Agreements | 2:10pm – 2:40pm

• Techniques for engaging with debtors to reach favorable settlement terms
• Structuring settlements and repayment plans to protect creditor interests
• Strategies for negotiating with difficult or non-responsive debtors
• Drafting enforceable repayment terms to minimize defaults and protect creditor rights

IV. Judgment Execution and Post-Judgment Collection Tools | 2:40pm – 3:10pm

• Exploring post-judgment collection methods: Wage garnishment, bank levies, and property liens
• Identifying and locating debtor assets using legal and investigative resources
• Best practices for documenting enforcement actions and ensuring compliance
• Tips for working with clients to choose the most effective post-judgment strategies