Description

When engaging in commercial collections, it is important to be aware of the laws that have an impact on the creditor/debtor relationship which govern the underlying commercial transaction that gives rise to the debt you are attempting to collect. As a general rule, the laws of the state where the debt is incurred will govern all aspects of the debt. However, although collection laws vary among the states, there are certain common characteristics with which you should be familiar, which are shared by legislation dealing with commercial debt collections, and the nature of the debtors you will encounter in your commercial debt collection efforts.  

Additionally, the Uniform Commercial Code (UCC), which has been adopted in some form in all U.S. states, is the primary statute which governs the commercial credit industry. A working knowledge of the provisions of the UCC can help you in your efforts to address and overcome many debtor reasons or excuses for nonpayment. This seminar will provide you with a general overview of the provisions of the UCC and of the common characteristics of other collection laws, that can help you in your commercial debt collection efforts. In addition, this seminar will provide you with a synopsis of the U.S. Bankruptcy laws, including a summary of the various chapters, the automatic stay, latest amendments to the Bankruptcy Laws, executory contract issues and preferences.

Meet Your Instructor: 

Wanda Borges Esq. of Borges & Associates

WANDA BORGES, ESQ. is the principal member of Borges & Associates, LLC, a law firm based in Syosset, New York. For more than thirty years, Ms. Borges has concentrated her practice on commercial litigation and creditors’ rights in bankruptcy matters, representing corporate clients and creditors’ committees throughout the United States in Chapter 11 proceedings, out of court settlements, commercial transactions and preference litigation. She is a member and Past President of the Commercial Law League of America and has been an Attorney Member of its National Board of Governors, a Past Chair of the Bankruptcy Section and a past member of the executive council of its Eastern Region. 

She is an associate member of the International Association of Commercial Collectors, a member of the American Bar Association, the American Bankruptcy Institute, the Hispanic National Bar Association, the International Women’s Insolvency and Restructuring Confederation and the Turnaround Management Association. She is a nationally recognized lecturer and author on various legal topics including the Bankruptcy Abuse Prevention and Consumer Protection Act, the Uniform Commercial Code, ECOA, FCRA, antitrust law, and the Red Flags Rule of the FTC. 

Ms. Borges has authored, edited and contributed to numerous publications including Thomson West’s Enforcing Judgments and Collecting Debts in New York, NAB’s book Out of the Red and into the Black, the BCCA’s Credit & Collection Handbook, The Financial Manager, the CLLA Commercial Law Journal, Bulletin, Debt 3 and Bankruptcy Section newsletters, including her treatise “Hidden Liens, Who is Entitled to What?” and NACM’s Antitrust, Restraint of Trade and Unfair Competition: Myth Versus Reality, Manual of Credit and Collection Laws and its Principles of Business Credit. She has co-authored The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 – An Overhaul of U.S. Bankruptcy Law, also published by the NACM. 

In November, 2010, Ms. Borges received the “Robert E. Caine Award for Leadership” from the Commercial Law League of America. In 2011 and 2012, Ms. Borges was selected for inclusion in the New York Super Lawyers – Metro Edition list (Bankruptcy & Creditor/Debtor Rights)