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Collections
Upon receipt of a claim, we immediately open a file, deliver an acknowledgment
letter to our client and an appropriate demand letter to the debtor. All demand
letters comply with the "Fair Debt Collection Practices Act". We then follow
the initial demand letter with a telephone contact. If we are successful in
discussing the matter with the debtor, we attempt to resolve the matter by immediately
obtaining payment from the debtor. If this is not possible, we will attempt
to obtain a reasonable proposal to satisfy the claim voluntarily. If a debtor
refuses to satisfy a claim voluntarily and we believe there is a reasonable
chance that the claim can be collected, we will recommend the filing of a lawsuit.
We utilize our computer system extensively in documenting our collection attempts.
We utilize "paper files" as a backup to this system. All financial transactions
are processed through our computer system, and reports are readily available.
Further, an attorney in the firm is responsible for each collection file. That
attorney oversees the file making sure that it is being properly handled. Within
each 30 to 45 day period, each file is personally reviewed by a partner. The
firm's attorneys and collectors spend the time necessary to properly skip trace
debtors. We maintain a complete set of directories and other information to
facilitate this task. Further, we have an extensive file containing information
on the many thousands of claims which have been processed through this office.
Bankruptcy
We are experienced in the representation of secured and unsecured creditors
in bankruptcy proceedings. Our experience includes representation of creditors
having claims against debtors located throughout the United States in our program
established to help our clients reduce current and possible future bankruptcy
losses. We have established a national network of attorneys experienced in bankruptcy
law, familiar with their local Bankruptcy Judges and their local debtor Bar,
providing affordable representation when contesting fraudulent or abusive bankruptcy
filings. In addition, we have established a program designed to help our clients
increase their recoveries in Chapter 7 and Chapter 13 bankruptcy cases. Our
341 meeting program is designed to maximize the reaffirmation of debts by a
consumer debtor to a credit grantor, by having them assume and agree to pay
all or a portion of the debt to our client notwithstanding the bankruptcy. In
order to assist our clients in maximizing their recoveries in Chapter 7 and
Chapter 13 cases, we have developed a computer program that is now in use in
approximately 20 states. Our services include: Meeting with the debtor and/or
the debtor's attorney to obtain redemption, reaffirmation or settlement of the
account, or surrender where collateral is involved. Obtain background information
on the collateral and a condition report on the collateral to assess fair market
value. Determine if the debtor has undertaken any fraudulent conduct with respect
to an account/loan transaction which may merit the filing of a fraud complaint
under Section 523 of the Bankruptcy Code. Determine if additional legal action
is merited, such as the filing of a Motion For Relief From The Automatic Stay.
Determine the debtor's present financial status so we can make the appropriate
recommendation concerning settlement or other action.