leading the way - Commercial Law League Of America

THE RESOURCE FOR BANKRUPTCY,
COLLECTIONS AND DEBT RECOVERY
d e b t 3
Vol. 20 • Issue No. 3
May/June 2005
IN THIS ISSUE
CARE for the Young
Profitability Techniques
Part 2
Turning Prospects
into Clients
Bankruptcy Abuse
Prevention and
Consumer Protection
Act of 2005
What your Clients
Want to Know About the
Business Provisions
Using Technology
Understanding
Leadership:
The Negative Power
of Dependence
LEADING THE WAY

Commercial Law League of America
LEADING THE WAY
mission statement
The Mission of the League is:
• To be the pre-eminent source of professional services.
• To promote the highest standards of professionalism.
• To foster economic opportunities for its members
in service to the credit industry.
objectives
The Objectives of the League are:
• To elevate the standard and improve the practice of Commercial Law.
• To encourage an honorable course of dealing among its members
and in the profession at large.
• To promote uniformity of legislation in matters affecting
Commercial Law.
• To foster among its members a feeling of fraternity and
mutual confidence.
2005-06
SCHEDULE OF MEETINGS
July 13-17, 2005
111th National Convention
Four Seasons Hotel
Toronto, Ontario, Canada
September 15-18, 2005
44th Southern Meeting
Hilton Suites, Nashville, TN
Sponsored by the Southern Region
November 10-13, 2005
85th New York Meeting
Sheraton New York Hotel & Towers
Sponsored by the Eastern Region
April 27-30, 2006
76th Chicago Meeting
Westin Hotel, Chicago, Illinois
Sponsored by the Midwest Region

CLLA Membership Application—Applicants Must Complete Areas A-C. Please Print or Type Clearly.
A Preferred mailing address ❑ Office ❑ Home
___________________________________________________________________________________ Date of Birth ____/____/____
Name (Membership is personal. No firm/corporate memberships.)
___________________________________________________________________________________________________________
Firm/Company/Law School
___________________________________________________________________________________________________________
Firm/Company/School Address City/State/Zip Code (5 + 4)
___________________________________________________________________________________________________________
Home Address City/State/Zip Code (5 + 4)
____________________________ ____________________________ _____________________________
Work Phone Fax Home Phone
_______________________________________________
E-mail Address
_______________________________________________________
Internet Address (URL)
_______________________________________________________________________________________________________________________
Referred By CLLA Member - OPTIONAL
City/State
Applicant Data (for League Records)
Admitted to Bar _______________________________________________________________________________________________
Jurisdiction(s), Bar Number(s) and Date(s)
Graduate/Attendee
of______________________________________________________________________________________________________________________
Law School Name
City/State
B
Membership
Basis of Eligibility (check one)
■ Lawyer - Solo or with Firm
■ Lawyer - Company
■ Manager - Law Firm Commercial Department
■ Law List/Legal Directory
■ Agency or Bureau Representative (Please call League Office for
supplemental application)
■ Paralegal, Collector, Office Administrator in member law firm
■ Private Bankruptcy Trustee - Currently serving or have served
within 2 years prior to date of application
■ Public Accountant
■ Equipment Lessor
■ Real Property Lessor
■ Turnaround Manager
■ Banker/Lender
Dues Table (check one)
■ Regular
Dues
U.S., Canadian and International Applicants $245
■ Special “Short Term” Rate
Dues
U.S., Canadian and International Applicants under 31 $130
years of age or admitted to bar under 6 years (4 year limit)
Special Status Eligibility & Rate
If not eligible for other categories, check one below
Optional Memberships & Contributions
(in addition to dues listed above)
■ Bankruptcy Section $ 80
■ Creditors’ Rights Section $ 50
■ Young Members’ Section $ 35
■ Sustaining Membership $ 25
■ Fund for Public Education $ 30
Dues
■ Law Professor/Teacher $ 50
■ Editor, Legal Periodical $ 50
■ Law Clerk $ 50
■ Law Student $ 10
■ Bankruptcy Judge
Waived
■ U.S.Trustee (not private trustee)
Waived
C I authorize you to charge $_________to my ❑ I have enclosed a check for $___________________
❑ VISA ❑ MasterCard ❑ AMEX ❑ Discover
Account Number__________________________________________________________________ Expiration ________________________
Signature of Applicant ______________________________________________________________ Date ____________________________
Note: make all checks or money orders payable in U.S. dollars and drawn on a U.S. bank to: Commercial Law League of America ® .The price of an annual subscription
to members of the Commercial Law League of America ® for the quarterly Commercial Law Journal ($12) and an annual subscription to the bimonthly Commercial Law
Bulletin ($18) is included in a member’s dues.
All applicants must remit one full year’s dues with application based on eligibility status. Dues are applied as of and prorated to the date application is
received.Your name will be published as an Applicant for membership.The period for objections to be filed extends to the end of the calendar month following the
date of publication. If no objection is received by that time, you will become a full member of the League and will be sent your New Member Handbook.
Send first year’s dues and completed application to: Commercial Law League of America ® , 70 East Lake Street, Suite 630, Chicago, IL 60601
Phone: (312) 781-2000 Fax: (312) 781-2010 E-mail: clla@clla.org Internet Site: www.clla.org
This is the official publication of the CLLA dues fee schedule as required by the CLLA Constitution.
D3

contents
Vol. 20 • Issue No. 3
May/June 2005
REMINDER:
Please pay
National Membership
Dues before
August 1, 2005
(after August 1, 2005
add $25.00)
Debt 3 (ISSN 0888-8000) is published bi-monthly by the Commercial Law League of America ® , 70 E. Lake Street, Suite
630, Chicago, IL 60601; (312) 781-2000. POSTMASTER: Send address changes to Debt 3 70 E. Lake Street, Suite 630,
Chicago, IL 60601. Periodicals postage paid at Chicago, Illinois and additional mailing office.
Copyright ©2005 by the Commercial Law League of America ® . Permission to reprint materials in Debt 3 may be
granted on written request to the Editor at the Commercial Law League offices.
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 an
endorsement of the product or service involved.
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 elsewhere. Single
copy price is $15.00. Write the Commercial Law League of America ® , 70 E. Lake Street, Suite 630, Chicago, IL 60601;
(312) 781-2000.
small claims 10 Get a Good Night’s Sleep • The Difference Between Execs and Staff •
Outsourcing • Change is Happening • NACM Index Reports •
What You’re Missing •
features 12 Bankruptcy Reform
18 CARE for the Young
league views 9 Mary’s Column by Mary Whitmer
56 Viewpoint by David Watson
12
management 22 Profitability Techniques Other Than More Hours
and Higher Rates — Part 2
marketing 26 Ongoing Follow-Up Key to Turning
Prospects into Clients
technology 28 Using Technology to Keep Your Clients Happy
leadership 32 Understanding Leadership: The Negative Power of Dependence
lifestyle 34 Public Toilets, Pews & Passenger Cabins
practice aid 36 Debtor’s Word is His Bond?
111th Annual Convention 38 Nominating Council Report • Candidates • YMS Nominating Report •
Preview Section Proposed Rules of Order • Education Program Preview •
25 and 50-Year Members • National Convention Event Highlight Preview •
league business 46 ABC Report • Board of Governors Action • Creditors’ Rights •
President’s Speech •
member news 52 Newly Admitted Members • Among Our Members • Member Benefits •
10
26 28
Commercial Law League of America
LEADING THE WAY

Enjoy the sophisticated city of Toronto!
This location has something for everyone
… so be sure to bring your children, or
grandchildren for a summer vacation where
they can say they have been to another country!
Some of the finest shopping and dining are within
a moment’s walk from the Fours Seasons
Hotel in the heart of the Yorkville district. The
Sassafraz restaurant is Toronto’s most vibrant
dining and entertainment experience, and a
celebrity hotspot. This is the place to see and be
seen! The Yorkville district is also the home of
very elite shopping venues.
CLLA
L E A D I N G T H E W A Y
Register by June 17th
to be included in the
Roster of Attendees
Toronto’s theaters, galleries, film festival venues
and stadiums are all within minutes of the hotel.
Located just around the corner from the Four
Seasons Hotel are the Royal Ontario Museum
and a park-like university campus to enjoy. For
sports enthusiasts, an indoor Tennis Club is
only 10 minutes from the hotel and the
Pheasant Run Golf course is about a one
hour drive from the hotel. The Hockey Hall
of Fame is also located in Toronto.
If being on the water appeals to you and your
family, take a narrated sightseeing cruise of
Toronto’s harbor and islands. Enjoy breathtaking
views of Toronto’s towering skyscrapers from
this unique vantage point. Several of the cruises
can take you for a 10-20 minute ride over to the
Harbor Islands where you and your family can
enjoy the garden areas, rent bicycles, enjoy the
Centreville Amusement Park, cool off in wading
pools or enjoy lunch at one of the restaurants
on the islands.
If it’s your first time to Canada, Niagara Falls is
only a two hour drive from Toronto! This is a
must-see tourist attraction. The Canadian side
of the Falls is surrounded by beautiful flower
gardens. Be sure to take the Maid of the Mist
boat ride and get even closer to the Falls!
Take time to tour Niagara on the Lake wine
country and take in a performance at the
Shaw Festival.
*Photo Credit:Tourism Toronto
111 th National Convention July 13-17, 2005 • Toronto, Canada
Join CLLA for an International Experience in Toronto, Ontario, Canada!

Commercial Law League of America
th
111 National Convention • July 13-17, 2005 • Toronto, Canada
Preliminary Schedule of Events
(Subject to change)
WEDNESDAY, JULY 13, 2005
Noon – 6:00 p.m. Registration
4:00 p.m. – 5:00 p.m. Young Members’ Section Executive
Council & General Membership
Meeting
5:00 p.m. – 6:00 p.m. VIP Orientation
7:00 p.m. – 10:00 p.m. Opening Night Event
THURSDAY, JULY 14, 2005
7:00 a.m. – 9:00 a.m. Association of Law List
Publishers Meeting
8:00 a.m. – 4:00 p.m. Registration
9:00 a.m. – 10:00 a.m. Patron Fund Committee Meeting
9:00 a.m. – 10:00 a.m. Resolutions Committee Meeting
10:00 a.m. – 4:00 p.m. Board of Governors Meeting
4:00 p.m. – 5:00 p.m. Elections Committee Meeting
6:00 p.m. – 7:00 p.m. Nominating Reception
6:00 p.m. – 10:00 p.m. Children’s Program
7:00 p.m. – 10:00 p.m. Nominating Dinner and Debates
(black tie optional)
FRIDAY, JULY 15, 2005
7:00 a.m. – 9:00 a.m. Bankruptcy Section Executive Council
& General Membership Meeting
7:00 a.m. – 9:00 a.m. Commercial Collection Agency
Executive Council & General
Membership Meeting
7:00 a.m. – Noon CLLA Elections
7:00 a.m. – Noon YMS Elections
7:00 a.m. – 4:00 p.m. Registration
7:30 a.m. – 9:30 a.m. Continental Breakfast
FRIDAY, JULY 15, 2005 (continued)
8:00 a.m. – 9:00 a.m. Creditors’ Rights Section
General Membership Meeting
8:00 a.m. – 11:30 a.m. Educational Program
1:00 p.m. – 2:00 p.m. YMS Games
1:00 p.m. – 4:00 p.m. Educational Program
2:00 p.m. – 3:00 p.m. National Marketing
Committee Meeting
3:00 p.m. – 4:00 p.m. National Membership
Committee Meeting
4:00 p.m. – 5:00 p.m. Arbitration and Grievance
Committee Meeting
5:00 p.m. – 6:00 p.m. Commercial Law Foundation
Reception
5:00 p.m. – 7:00 p.m. Wine Tasting Event
(Special ticket required)
6:00 p.m. YMS Family Night Event
(Special ticket required)
SATURDAY, JULY 16, 2005
7:00 a.m. – 8:00 a.m. YMS Fun Run/5K
7:00 a.m. – 11:30 a.m. Registration
8:00 a.m. – 9:00 a.m. YMS Executive Council Meeting
9:00 a.m. – 10:00 a.m. Women’s Spiritual Circle
10:00 a.m.–11:00 a.m. Annual CLLA General
Membership Meeting
11:00 a.m.–1:00 p.m. Annual Brunch
1:00 p.m. – 1:30 p.m. National Nominating Council Meeting
5:30 p.m. – 7:30 p.m. Cocktail Reception
(Honoring Tom and Nancy Hamilton)
SUNDAY, JULY 17, 2005
8:30 a.m. – 11:00 a.m. CLLA Board of Governors Meeting
*Photo Credits:Tourism Toronto

*Photo Credit:Tourism Toronto
Commercial Law League of America
th
111 National
Convention
July 13-17, 2005
Toronto, Canada
HOTEL
CLLA will be staying at the luxurious Four Seasons
Hotel in the heart of Toronto. You will enjoy deluxe
accommodations and superb dining. The hotel’s
complimentary health club is open from 6 a.m. – 11
p.m. and offers the latest workout equipment and
has massage facilities. The hotel also has a heated
indoor/outdoor pool, sauna and whirlpool.
Special CLLA Convention rates are available by
booking on or before June 21, 2005. Rates are in
effect during the convention dates of July 13-17,
2005 as well as six days prior and six days after the
convention (based upon availability).
• Single/Double Room Rate: $299 Canadian
(plus taxes) = $241.21 US Dollars plus taxes
• Four Seasons Suite Rate: $370 Canadian
(plus taxes) = $298.43 US Dollars plus taxes
• Deluxe Four Seasons Suite Rate: $440 Canadian
(plus taxes) = $354.88 US Dollars plus taxes
For reservations, call the Four Seasons Hotel at (416)
964-0411 and be sure to tell them you are with CLLA for
our discounted rate. The hotel can accept a maximum
of 10 reservations for families requiring two rooms.
The first room will be at the $299 (CDN rate) and
the additional room will be at $250 (CDN) per
night. These rooms will be reserved on a first come,
first serve basis. If you need two rooms, please make
your reservations with the hotel as soon as possible.
A deposit equal to one (1) night’s stay is required to
hold each individual reservation. The Four Seasons
Hotel – Toronto honors American Express, Diners
Club, En Route, Eurocard, JCB, MasterCard, and Visa.
If a credit card is not given for deposit, payment of
the first night’s deposit must be received by the hotel
in order to hold the room reservation.
There is no additional charge for children under
twelve years old occupying the same room with parents
or guardians (space permitting). Check in time is
3:00 p.m. and check out time is 12:00 p.m. (noon).
Hotel Cancellation Policy: Generally, cancellations
for a hotel room reservation must be received
before 6:00 p.m. on the expected date of arrival, and
may differ by arrival date and room type. When making
your reservation, please verify with the hotel the exact
cancellation policy for your room type and dates you
requested. If cancellation of a guaranteed reservation
is not received by the required date, the Hotel will
charge for one night’s accommodation.
Please note, the hotel is unable to confirm specific
room types but will do its best to accommodate
requests when reservations are made and upon
check in.
BORDER CROSSING
When crossing the international border, be sure to
bring either a birth certificate or a valid passport
in addition to your driver’s license. If you
are bringing children with you, birth certificates are
still required. If you are traveling with children,
birth certificates are required for each child. Due
to international concern over child abduction, single
parents, grandparents, or guardians traveling
with children often need proof of custody or notarized
letters from the other parent authorizing
travel. (This is in addition to proof of citizenship as
explained above.) Any person under the age of 18
and traveling alone should carry a letter from
his/her parent or guardian authorizing the trip.
Travelers without such documentation may experience
delays at the port of entry or may even be
denied entry if lacking proper identification.
Additional information can be found by visiting the
website www.travel.state.gov.
Exchange Rate
The currency exchange rate is in your favor. By
heading north, you will get more for your dollar!
There is so much to see and do in Toronto that the
stretch of the dollar will be a plus for your budget.
Tour the area and see the CN Tower (the world’s
largest free-standing structure), Casa Loma Castle,
the Sky Dome, and of course there is unlimited
shopping in this cosmopolitan city! Toronto also has
a theater district to keep you busy in the evenings.
Some of the best and most elite shopping in North
America is literally within steps of the Four Seasons
Hotel, Toronto. If you make purchases in Canada,
be sure to save receipts. When crossing the international
border, you will be required to declare all
purchases, and items may be taxable or you may
qualify for tax refunds.
As of February 25, 2005: $1.00 Canadian = .80 US
Dollar. For up to date current exchange rate go
online to: www.currency-exchange-rates.info.
TRAVEL ARRANGEMENTS
Sixty percent of the U.S. population lives within a 90-
minute flight of Pearson International Airport
(Toronto, Canada).Toronto is also approximately only
a 10 hour drive for 60% of the U.S. population. It is
the perfect destination for being “close to home,” yet
allowing you to enjoy an international flavor.
Official Airlines
American Airlines is the official airlines for the 2005
National Convention. Special low fares are available
by contacting the American Airlines Meeting
Services Desk at (800) 433-1790 or your travel
agent. Be sure to mention that you are with the
Commercial Law League of America and the CLLA
Starfile Authorization number 9175AT to get the
best price. Make your reservations at least 30 days
in advance. NOTE: This discount is not valid for fares
found on the Internet. The Meeting Services Desk
phone number listed applies to calls from the United
States and Canada. If your trip originates from a different
country, please call your local American Airlines
reservations number but still refer to our Starfile
Authorization number (9175AT).
Rental Car
Car rental is easy, fast and rates are discounted for
CLLA National Convention attendees. Avis is the
official rental car company for the CLLA National
Convention. Special discounted rates are available
by calling Avis directly at (800) 331-1600 to make
a reservation and refer to AWD #B193199. For
more information or to register online, visit
www.avis.com or visit our CLLA website for a
direct link to Avis.
SPECIAL
EVENT
HONORING
TOM & NANCY
HAMILTON
The Commercial Law
League of America
will be honoring Tom and Nancy Hamilton for their
many years with the League. Tom joined the League
in 1977 (28 years ago) and has served on the Board
of Governors, as the Chair of the President’s Cup
Committee, and as the Chair of the Convention Site
Selection Committee. Nancy joined the League in
1979 (26 years of service) and has been extremely
active in the International Conferences. Both Tom
and Nancy have served and continue to serve on a
variety of other CLLA Committees.
Please join us for a special cocktail reception on
Saturday, July 16, 2005 from 5:30 p.m. - 7:30 p.m. to
celebrate the many years of dedicated service Tom
and Nancy have shown to the League.
OPTIONAL EVENTS
Wine Tasting
Friday, July 15, 5:00 p.m. – 7:00 p.m.
Arrangements are still in the planning stages for
this event. As soon as they are determined, the
information will be listed on the CLLA website. A
special ticket will be required to attend this event.
The ticket price is also forthcoming.
YMS Family Night Event
Friday, July 15, 6:00 p.m.
As everyone knows, Canadians love hockey! YMS
has secured space at Gretzky’s restaurant for
dinner. The sports bar/restaurant displays Wayne’s
personal collection of memorabilia from his career
everywhere! The restaurant also features two
satellites and all the best televised sporting events
are available to watch. And, of course, they have t-
shirts and other merchandise available for purchase
at the restaurant. Even if you are not a hockey fan,
the food is great! Join YMS for this fun event (special
ticket required).
CLLA CONVENTION
ELECTIVE EVENTS
YMS Games
This annual event, sponsored by the Young Members’
Section will take place on Friday, July 15 from 1:00
p.m. - 2:00 p.m. Open to all ages, bring your family
and join your colleagues for an hour of play time that
everyone will remember for years to come.
YMS Fun Run/5K
Everyone is welcome to participate in this Saturday
morning event, so whether you are a serious runner
or a weekend jogger, lace up your shoes and
join in the fun! The run will take place on Saturday,
July 16 at 7:00 a.m.
For more details on the Four Seasons Hotel,
please visit the CLLA website (www.clla.org) for a
direct link to the Four Seasons Hotel website.

Commercial Law League of America
th
111 National Convention
Four Seasons Hotel • Toronto, Canada • July 13-17, 2005
Registration Form
Please type or print clearly. Your badge will be created using this information. Please use one form per member. You may also register online at www.clla.org.
Name
Firm Name
Address
City State Zip
Phone
Fax
Attendee Information
In addition to the member registrant listed to the left, please
register the following individuals:
Spouse (indicate name as you wish it to appear on badge):
_______________________________________________
Children (indicate name as you wish it to appear on badge):
______________________________________Age______
______________________________________Age______
______________________________________Age______
E-mail
❑ Check here if you have a disability and require accommodations to participate fully. CLLA will contact you.
Please note: All attendees must pay a registration fee to receive an entrance badge for events.
I/We plan to attend:
❑ Opening Night Event _____# of Adults ____# of Children ___# of Kosher Meals
❑ Nominating Dinner _____# of Adults ____# of Children 12-21 ___# of Kosher Meals
❑ Annual Brunch
_____# of Adults ____# of Children
Optional Events
Event Date Cost # Tickets Subtotal Participant’s Name(s)
Children’s Program 7/14 $50 ____ $______ List Below
YMS Games 7/15 FREE ____ $ 0.00 _________________________
Wine Tasting Event 7/15 TBD ____ $______ _________________________
YMS Family Night Event (YMS members/non-member adults) 7/15 $29 ____ $______ _________________________
YMS Family Night Event (Children 10 & under) 7/15 $12 ____ $______ _________________________
Fun Run/5k (Non YMS) 7/16 $15 ____ $______ _________________________
Fun Run/5k (YMS members) 7/16 FREE ____ $ 0.00 _________________________
Optional Subtotal
The following optional events will be offered at the 111th National Convention:
Children’s Program
The children’s program is open to ages 4 through 12 years old. The
program is offered on Thursday, July 14 from 6 to 10 p.m. The cost is
$50 per child.
Name_________________________________Age______
Name_________________________________Age______
Name_________________________________Age______
$______
registration fees
Adult registrations include the Opening Night Event, Continental Breakfast, Nominating
Reception and Dinner, Annual Brunch, and Hamilton Reception. Register by June 17 to be
included in the Roster of Attendees.
Registrant Type # of Registrants Subtotal
CLLA Member $450 ___________ $______
Spouse (non-member)
of CLLA member $350 ___________ $______
Registration for 21 and under includes Opening Night Event, Continental Breakfast, and
Annual Brunch. Children ages 12-21 may attend the Nominating Dinner for an additional
fee of $75 per child.
Ages 12 – 21 $175 ___________ $______
Ages 8 – 11 $100 ___________ $______
Ages 4-7 $75 ___________ $______
Ages 3 and under FREE ___________ $ 0.00
Ages 12-21
Nominating Dinner $75 ___________ $______
Registration Subtotal
$______
FOR OFFICE USE ONLY
Date______ID#______Type______Check #______Amt. $________Badge______ Cnfrmd______
payment Method
❑ My check or bank draft for $________ is enclosed as full payment of
registration fees. (Make checks payable to CLLA.)
❑ Charge my credit card for $_________
Please check card type: ❑ AmEx ❑ Visa ❑ MasterCard
Required for credit cards:
Card Number: ____________________________________________
Exp. Date: ________________________________________________
Card Holder’s Name: (Please print)____________________________
Signature: _________________________________Date:___________
Mail this form and payment to:
Commercial Law League of America
36404 Treasury Center
Chicago, IL 60694-6400
Note: If paying by credit card, you may fax this form to (847) 526-3993.
Registration is not complete until payment has been received.
cancellation policy
Cancellation must be submitted in writing. Registration fee refunds will be granted on
the following schedule. Cancellation notice received by June 13, 2005 refund less $50
processing fee. Cancellation notice received between June 14, 2005 and July 6, 2005
50% refund. Cancellation notice received after July 6, 2005 no refund.
Questions? Contact the League Office at (312) 781-2000.

You can expect
results when
you talk
to leaders
debt 3
readers are their company’s key decision makers:
82%
74%
89%
are involved in the purchasing process and make
the final purchasing decisions.
are partner/owner/president/chair/CEOs
of Debt 3 readers have recommended, specified or approved
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
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Source: 2004 Debt 3 Independent Reader Survey
For more information on how your company
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LEADING THE WAY

about clla
Vol.
20 • No. 3
May/June 2005
meeting notices
111th National Convention
page 3-6
44th Southern Meeting
page 17
85th New York Meeting
page 31
editorial staff
Board of Associate Editors
Elliott D. Levin, Chair, Indianapolis, IN
Leonard M. Salter, Chair Emeritus, Boston, MA
David A. Rubin, Vice Chair, Toronto, ON
Manuel Newburger, Vice Chair, Austin, TX
Richard G. Baumann, Los Angeles, CA
Lawrence C. Brown, Buffalo, NY
Harry W. Greenfield, Cleveland, OH
Nancy Hamilton, Cleveland, OH
Lee M. Mendelson, Atlanta, GA
Manuel Newburger, Austin, TX
David A. Rubin, Toronto, ON
Robert Schatzman, Miami, FL
William C. Sturm, Milwaukee, WI
Stanley Tulchin, Westbury, NY
Editor Emeritus
Leo E. Smith, Chicago, IL
Editor
David R. Watson
Design/Publication Consultants
Newcomb Marketing Solutions
Editing Director
Paige E. Barr
officers and board of governors
President
Mary K. Whitmer, Cleveland, OH
President-Elect
Jerry Myers, Raleigh, NC
Treasurer
Charles R. “Rick” Johanson, III, Birmingham, AL
Recording Secretary
Gary M. Weiner, Springfield, MA
Immediate Past President
Paul I. Mendelson, Memphis, TN
Board Members
John M. Birk, Gainesville, FL
Wanda Borges, Syosset, NY
Robert Caine, Van Nuys, CA
George Eliades, Hopewell, VA
Sidney Friedman, Baltimore, MD
David R. Gamache, St. Louis, MO
Bruce Godwin, Boca Raton, FL
Joel Klein, San Antonio, TX
Robert Levy, Commack, NY
Joseph A. Marino, Clifton, NJ
Louis S. Robin, Longmeadow, MA
Ernest “Rick” Thomas, III, Cincinnati, OH
Executive Vice President
David R. Watson
the CLLA mission
To be the pre-eminent source
of professional services
To promote the highest standards
of professionalism and
To foster economic opportunities
for its members in service
to the credit industry
the CLLA objectives
To elevate the standards and improve
the practice of Commercial Law.
To encourage an honorable course
of dealing among its members and in
the profession at large.
To promote uniformity of legislation in
matters affecting Commercial Law.
the vision of DEBT 3
To promote a reading resource along with a
tool kit which will promote and advance the
recovery of debt, including collections and
bankruptcy, with a primary emphasis on
commercial and a secondary emphasis on
retail so that readers become more successful
as a professional, leader, manager and a person.
To foster among its members a feeling
of fraternity and mutual confidence.
Commercial Law League of America
LEADING THE WAY
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 or by disk. The preferred format is Microsoft Word
or plain text. WordPerfect is accepted but not preferred. All articles will be promptly reviewed. Send articles to clla@clla.org.
Disks or manuscripts can be sent to Editor, Debt 3 , 70 E. Lake Street; Suite 630; Chicago, IL 60601.
The phone is 312-781-2000 or 800-978-2552. The fax number is 312-781-2010.

Of Ethics & Leadership
mary’s column
President, Commercial Law League of America ®
It said, “Imagine,” in charcoal gray mosaic lettering set
against a sand-colored mosaic background, in a sun,
emitting charcoal rays ever outward. It was framed, a
photograph of the sidewalk memorial to John Lennon.
David Watson, who bought it from a street vendor in
New York, gave it to me; a wonderful, inspiring gift. I
took it home and hung it over the towel bar in my bathroom.
Every morning when I reach for a towel, I take its
message to heart.
Aim High! Our goal is to be Number One. We can do it!
So, we tried this year to give our members the very best
we could: the best meetings and business opportunities;
the best educational programming through the
Commercial Law League Institute; the best magazine,
Debt 3 ; to act as the beacon for ethical practice in the field
of commercial law; to be the most credible voice in
Washington on bankruptcy and commercial issues; to
give our members the best service. This is the new face of
the Commercial Law League of America: Positive.
Relentless. Excellent.
Now it is time for me to go. Jerry Myers, the new
President, with his style, energy, and sophistication, will
take it from here. He will be a great President, and carry
us forward again. As for me, on the occasion of my exit
from office, I ask you to help me imagine. . .
• The greatest staff in the world. We have it, here and
now. The CLLA’s ability to compete and stay relevant
is directly proportional to our ability to keep the staff
we have. David Watson has energy, drive and an oldfashioned
optimism that carries the organization—
and its officers—forward by the very force of it. Erica
Henry and Cheryl Palombizio provide brisk, instantaneous
and flawless member service. David Goch is a
wise and thoughtful League counsel, and he really
roots for our success. Susanne Dickerson, our
Education Director, works hard to insure that our
education programs are the best they can be. Sarah
Jolie provides invaluable assistance to our bankruptcy
section. TSO, our outsource partner, insures our
accounting is organized and accurate, and our conventions
run like clockwork, (actually, better than clockwork).
TSO is a big reason for our success—Dick
Schascheck, Suzanne Spohr, Mary Jo Ritt and LeAnn
Urban are our colleagues and our friends. Special
mention must be made of the insight and ability of
Kelly Newcomb and Newcomb Marketing, our publisher,
our marketing coordinator and our leadership
guru. More recently, Paige Barr has joined us as Editor
of Debt 3 . Thank you all for your loyalty, your energy
and your help in our success.
• The best leadership in the world. The CLLA has the
best leaders, ergo, we have the best organization. Not
everyone is a natural leader, so we help our leaders
with leadership training. Leadership instruction is the
one of the most important initiatives that the League
has undertaken. It needs to be expanded so that it can
reach younger members with ability, and all leaders
who are new in their responsibilities. We have learned
that even natural leaders can benefit from the insights
and guidance of a good leadership institute.
Now imagine one more thing: the best job in the
world, President of this great organization. Guess
what? The President of the CLLA has fun. She goes to
wonderful places, she stays in beautiful accommodations,
she eats in great restaurants. The worst thing that can be
said about this job is that it is hard on your waistline.
Sure, you have responsibilities. You have to think strategically,
but solving the problems is an enormous—and
incredibly rewarding—challenge. In the end, the League
gave me much, much more than I could ever give back to
the League. And so, my friends, it is with much regret
that I say, “goodbye.” The League has had and will have
many smarter and wiser Presidents, but it will never have
a President who loved you or this organization more
than I.
Mary Whitmer is an
attorney with the law firm
of Kohrman Jackson &
Krantz PLL. She can be
reached at 216-736-7255
and via e-mail
at mkw@kjk.com.
IMAGINE
9Debt3 May/June 2005

claims
small
Getagoodnight’s
sleep
The difference between
Do you ever wake up in the middle of the night concerned that the large project, involving several
departments and dozens of staff members, just might not be moving forward at the pace it needs to
be? Wouldn’t you love a tool that automatically tracks where everyone is on their piece of the project
and alerts you of bottlenecks. Talk about being able to sleep through the night!
You might want to check out a product called Worklenz created by Metier (www.metier.com), a
Washington, D.C. information-technology company. Currently used by Lockheed Martin, BMW,
Northrop Grumman and the U.S. Agency for International Development, this product tracks a
computer user’s keystrokes and helps determine whether they are on schedule with their segments
of large projects. The program does this in part by collecting data automatically from an employee’s
Outlook, Microsoft Project scheduling file and PeopleSoft timesheets.
If instead you want to make certain that your staff that is on the road is actually making all the visits
you expect them to, then consider using a GPS system for your personnel. The City of Chicago
recently added global position satellite devices to the cell phones and trucks of members of the
Department of Transportation crews. Employees can be tracked to the exact location where they
were assigned and an alert will pop up on the computer screens of supervisors and managers at the
main office when a location or time doesn’t match the planned schedule.
execsandstaff
The morale of executives is almost twice as likely to be negatively affected by a lack of open
and honest communication than that of employees. However, having excessive workloads for
extended periods of time is three times more likely to negatively impact employees’ morale than
that of executives.
This is according to a survey conducted in 2004 by OfficeTeam (www.officeteam.com) headquartered
in Menlo Park, Calif. The study looked at responses from 150 executives from the 1,000 largest U.S.
companies and 571 employed men and women 18 years of age or older.
Employee morale is most negatively affected by:
Factor Executives Employees
A lack of open, honest communication 52% 30%
The failure to recognize individual achievements 21% 27%
Debt 3 May/June 2005
10
Micromanaging workers 17% 16%
Excessive workloads for extended periods 7% 23%
Don’t know/No answer/None of the above 3% 4%

Change
ishappening
Change is happening everyday, every moment, and every where. How we deal
with change is significant.A lot of errors are made, according to Phillip Kotter
the author of Leading Change and a management consultant, who in October
of 2001 was ranked the number one leadership consultant in America based
upon a survey, conducted by 504 of the Fortune 1,000 listed corporations.
The most common reasons companies do not respond effectively to shifting
conditions:
1. Allowing too much complacency (no established and reinforced
sense of urgency);
2. Failure to create a sufficiently powerful guiding coalition;
3. Underestimating the power of vision (when you cannot describe the vision
driving a change initiative in five minutes or less, you are in trouble);
4. Under communicating the vision by a factor of 10 (or 100 or even 1,000);
5. Permitting obstacles to block the new vision (failure by others to overcome
cynicism and conflicts);
6. Failure to create short-term wins (build momentum);
7. Declaring victory too soon (Allows others to begin complacency all over again);
8. Neglecting to anchor changes firmly in the (corporate) culture.
Outsourcing:
Are customers leaving
and costs rising?
According to research conducted by Gartner (www.gartner.com), about 80 percent
of outsourced customer service endeavors fail to cut costs. Instead, poor
planning and execution have tended to lead to customer defections. This tends
to occur because companies don’t take into account all that the customer expects from
the customer service experience. As a result, poor service leads to defections by the customer
base and ultimately, a diluted brand value.
Four tips from Gartner on how to outsource correctly to meet goals as reported in the
May/June 2005 Insight magazine are:
1. Identify objectives – Does the process really need to be outsourced?
Only processes that are not key to organization competencies should be considered.
2. Map the customer experience from start to finish –
Companies considering outsourcing must be ready to dedicate the proper resources
to maintain the experience even when outsourced.
3. Conduct appropriate pilot testing of an outsourcing program
before entering a long-term agreement – Success should not be measured
only by the number of calls made or handled, but by other considerations,
such as customer satisfaction and service levels.
4. Commit enough time to make the relationship work –
Careful management is necessary, especially early on in the venture.
claims
small
NACM index
reports continued strong
economic growth
After a strong first quarter, the National Association of
Credit Management (NACM) Credit Managers’ Index
(CMI) for April 2005 continues to show growth. The
CMI rose for the third straight month to 59.3, strongly
indicating a continued economic expansion, and mirroring
the positive economic growth of the recent GDP
report as well as better-than-expected reports on personal
income and personal spending released on May 1, 2005.
The CMI manufacturing sector was flat, but the services
sector, boosted by a whopping 11-point increase in dollar
collections, rose for the third straight month to 60.2, an
overall change of 3.44 percent, indicating accelerating
growth. Both the manufacturing and service sectors have
recovered from January’s plunge, but they still remain
below last April’s peak.
Dan North, economist with Euler Hermes ACI, speculates
that this may reflect the drag caused by high commodities
prices, especially oil; and that these higher prices, combined
with the likelihood of more interest rate hikes from
the Fed, may put a drag on the economy in the coming
months.
What you’re missing
If you aren’t one of the 88 collection agencies eligible to
bid for the opportunity to be one of possibly three firms
to collect $5.5 billion in delinquent tax debt, the following
will tell you what you are missing so you can decide
if it is worth it.
According to the request for quote, the IRS will grant
only a 12-month contract. Successful firms will be eligible
for three six-month extension options.
The highest commission rate suggested by the IRS is 24
percent for taxpayer collections totaling less than
$1,500. There is a sliding scale that reaches 21 percent
for collections more than $10,000, which is the highest
collection amount category. The IRS also reserves the
right to adjust commission under certain conditions.
However, the RFQ provided by the IRS to bidding
agencies did not identify those conditions.
Commissions will not be paid on:
• amounts collected in excess of an individual’s balance
• amounts received directly by the government within
ten days after they transferred the account to the
collection agency
• payments made prior to the placement of the
taxpayer’s account with the collection agency.
On June 1, the IRS extended the deadline by one week
in part due to the 151 questions submitted by prospective
vendors.
Debt 3 May/June 2005
11

Bankruptcy
Reform
By Paige Barr
Bankruptcy Abuse
Prevention and Consumer
Protection Act of 2005:
What your Clients Want to Know
About the Business Provisions
After many years of debate and consideration,
President Bush signed the Bankruptcy Abuse
Prevention and Consumer Protection Act of
2005 into law on April 20, 2005. Straddling the line
between your comfort zone and the unknown is never a
welcomed feeling. For many attorneys and their clients the
Bankruptcy Abuse Prevention and Consumer Protection
Act of 2005 may resemble the scary unknown.
Apprehension may exist as the Act’s effective date looms
closer. However, there is time to prepare your clients, your
firm and yourself. This article touches on some basic questions
that your clients may have regarding the business
sections of the new Code. So, what do your clients need or
want to know, now?
Is There Any Change to Reclamation Rights?
Debt 3 May/June 2005
12
Yes. There are several changes to a creditor’s reclamation
rights:
• Reclamation rights are now subject to the prior rights of
the holders of security interests in the goods (or proceeds
of the goods).
• A trustee no longer has the ability to avoid a warehouseman’s
lien for storage, transportation or other costs
incident to the storage and handling of goods.
• The trustee’s avoidance powers are subject to the reclamation
rights of a seller of goods sold to the debtor if the
debtor received the goods within 45 days of the commencement
of the bankruptcy case and the seller makes
a written demand for reclamation within 45 days from
the debtor’s receipt of the goods, or if the 45 days passes
after the commencement of the bankruptcy case, then no
later than 20 days after the commencement of the bankruptcy
case.

• Failure of a seller to make a written demand for goods
does not extinguish the seller’s right to assert an administrative
claim under § 503(b)(9) of the new Code for the
value of goods received by the debtor in the ordinary
course of business within 20 days of the commencement
of the case.
Do I Still Need to Prove Industry Standards
in Defeating a Preference Attack?
Not if you don’t want to. The Code allows creditors to
defeat preference attacks by choosing to either prove the
subjective or objective of the ordinary course of business
requirement. Thus, the creditor may choose to establish
1) that payments were made in the ordinary course of
business between the debtor and creditor or 2) that
payments were made according to regular industry standards
in order to defeat a preference attack.
Can a Preference Mill Still Trap Creditors into Making
Payments Rather than Defending Small Preferences?
Yes, but it’s going to be harder and more expensive. Under
the new law, actions for less than $10,000 in non-consumer
debt against a non-insider, for the most part, must be
commenced only in the district court where the creditor is
located. The creditor no longer needs to make the decision
between defending a small preference action or simply
making payment to avoid wasting time and resources.
When Must an Unexpired Lease of Non-Residential
Real Property be Surrendered?
An unexpired lease of non-residential real property requires
the debtor (the lessee) to surrender the property to the lessor
if the lease is not assumed or rejected by the earlier of 1) 120
days after the order for relief or 2) the date of entry of an
order confirming the plan. Thereafter, the court may grant an
extension for 90 days upon a showing of good cause. After
that initial extension however, the court must obtain prior
written consent of the lessor for each subsequent extension.
bonus is essential to the survival of the debtor’s business; and
3) the amount paid does not go beyond a cap provided by the
statute. The compensation must not be greater than ten times
that given to non-management employees during the same
year. If that measuring stick does not exist, then the amount
cannot be greater than 25 percent of any transfer made in the
year before the year in which the bonus was given.
Furthermore, severance payments are prohibited to insiders
unless the payment is part of a program that is generally
applicable to all full-time employees and the amount is not
greater than ten times the amount of severance pay given to
non-management employees that year.
Are Committee Members Entitled to Administrative
Expense Claims for Professional Services?
No. The Act expressly excludes fees for professional services
rendered to committee members in connection with their
service on the committee as administrative expenses.
However, professional services expenses incurred by the
committee itself do qualify as administrative expenses.
As a Small Business Creditor Do I Still Have Zero
Chance of Serving on the Committee of Creditors?
No. Under the new law, after notice and hearing the court
may direct the trustee to expand the membership of a
committee to ensure adequate representation of creditors.
The court must determine that as a creditor you have claims
that comprise a large and disproportionate amount of your
annual gross revenue.
Are There Any Changes that Affect the Modification
of Chapter 11 Plans?
Yes. A modified plan can only become the plan after there
has been disclosure (under § 1125) as the court may direct,
notice and a hearing and the modification is approved.
How are Small Business Bankruptcies Affected?
Bankruptcy
Reform
(continued from page 12)
Severence payments
are prohibited to
insiders unless the
payment is part
of a program that
is generally
applicable to all
full-time employees
and the amount is
not greater than
ten times the
amount of
severance pay
given to nonmanagment
employees that year.
Is There a Cap on Damages for the
Rejection of a Previously Assumed Lease?
Yes. There is a cap on damages for the rejection of a previously
assumed non-residential real property lease. The cap
is equal to the amount of all monetary obligations due two
years after the later of the rejection date or the date the
premises were actually surrendered. A reduction or setoff is
only allowed for sums actually received or to be received
from an entity other than the debtor.
Are the Executives Still Allowed to Escape with a
Highly Disproportionate Bonus or Severance Payment
When the Company Goes into Bankruptcy?
Not exactly. Bonuses to insiders are prohibited unless the
court can find (based upon the evidence in the record) three
elements: 1) the bonus is essential to retention of the
employee because he has a bona fide job offer from another
entity at the same or higher rate of compensation; 2) the
A small business case is a Chapter 11 filed by a small
business debtor. A small business debtor is defined as one
engaged in commercial or business activities (except the
business of owning or operating real property) that has
aggregate non-contingent, liquidated debt of not more than
$2 million as of the date of the order for relief, provided that
no creditors’ committee is active.
Small business debtors are now required to file periodic
financial and other reports containing:
• The debtor’s profitability;
• Reasonable approximations of projected cash receipts and
disbursements over a reasonable period;
• Comparisons of actual receipts and disbursements to
those projected; and
(continued on page 14)
Debt 3 May/June 2005
13

Debt 3 May/June 2005
14
Bankruptcy
Reform
(continued from page 13)
The courts even
have latitude
to completely
dispense with the
disclosure statement
requirement if
the debtor is
classified as a
small business
and the plan itself
provides adequate
information.
• Whether the debtor is in compliance with all post-petition
requirements, including timely filing tax returns and
other government filings and payment of taxes and other
administrative expenses.
Furthermore, if the debtor is not making required government
filings or payments when due, the debtor must
identify in its report its failures and how, at what cost, and
when the debtor intends to fix them.
Does the Act Cut Small Businesses Any Breaks?
Yes. The courts are now directed to consider the complexity
of the case, the benefit of additional information to creditors
and other parties in interest, and the cost associated with providing
any additional information in the debtor’s disclosure
statement. The courts even have latitude to completely dispense
with the disclosure statement requirement if the debtor
is classified as a small business and the plan itself provides
adequate information.
Are There Any New Requirements
for Small Businesses?
Yes. Under the Act a debtor must:
• Attach to its petition its most recent balance sheet, statement
of operations, cash flow statement and state and
federal income tax return or a statement, under the
penalty of perjury, that no such documents have been
prepared or filed;
• Attend meetings scheduled by the court or the US
Trustee, unless the court waives the requirement for
extraordinary circumstances;
• Timely file schedules and statement of financial affairs;
• File all post-petition financial or other reports required by
the Bankruptcy Rules or local rules;
• Maintain insurance;
• Timely file tax returns and timely pay all taxes; and
• Allow the US Trustee or a designated representative to
inspect the debtor’s business premises, book and records
on reasonable notice.
Is the Period of Time for a Small Business Debtor
to File and Confirm a Plan Modified?
Yes. The debtor shall have an exclusive 180
day period to file a plan following the
order for relief. However the period
may be extended or the court for cause
may order otherwise. Furthermore,
the debtor must file a plan and a disclosure
statement within 300 days of
the order for relief. The court can only
extend these periods (the 180-day period
and the 300-day period) if the debtor
demonstrates by a preponderance of the evidence
that it is more likely than not that the
court will confirm a plan within a reasonable period
of time, a new deadline is imposed at the time the extension
is granted, and the order is signed prior to the expiration of
the existing deadline.
Are There Any Provisions Meant
to Target Serial Filers?
Yes. Under § 441, the automatic stay does not apply in
cases where the debtor:
• Is a debtor in a small business case pending at the time
the new petition is filed;
• Was a debtor in a small business case that was dismissed
by an order that became final in the two-year period
ending on the commencement of the current bankruptcy
case;
• Was a debtor in a small business case in which a plan was
confirmed or dismissed within two years of the filing of
a new case; or
• Is an entity that acquired substantially all the assets or
business of a small business debtor as described above,
unless the entity can establish that it acquired substantially
all of such assets or such business in good faith.
However, these provisions barring application of the automatic
stay do not apply if there was no collusion between
the debtor and the petitioning creditors or if the debtor can
prove 1) the filing resulted from circumstances beyond the
debtor’s control not foreseeable at the time the case was
filed and 2) it is more likely than not that the debtor will
confirm a feasible plan, but not a liquidating plan, within
a reasonable period of time.
Are Status Conferences Still Discretionary?
No. Status conferences are now mandatory as necessary to
further the expeditious and economical resolution of the
case. Notably, while this provision is contained in the small
business debtor provisions, it is applicable to all debtors.
Do the Grounds Remain the Same
for Dismissal or Conversion of a Case?
No. This provision also falls within the small business
debtors provisions; however it is applicable to all debtors.
Absent unusual circumstances adverse to the best interest of
creditors of the estate, the court shall convert or dismiss a
case if the movant establishes cause. The elements of cause
are:
• Substantial or continuing loss or diminution to the estate
and the absence of a reasonable likelihood of rehabilitation;
• Gross mismanagement;
• Failure to maintain insurance;
• Unauthorized use of cash collateral;
• Failure to comply with the reporting requirements;
• Failure to attend the 341 meeting of creditors or a Rule
2004 exam;
• Failure to timely provide information or attend meetings
with the US Trustee;
• Failure to timely file tax returns or pay taxes;
(continued on page 16)

The Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005
Public Law No. 109-8 • April 20, 2005
Effective Date and Exceptions to the General Effective Date
Prepared by Catherine E. Vance, Development Specialists, Inc.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”) was signed into law on April 20, 2005. The
Act provides, at Section 1501, a general effective date of 180 days from the date of enactment. Section 1501 further provides that
the Act’s amendments are applicable only to cases filed on or after the effective date.
The following is a summary of the provisions of the Act for which there is an exception to the general effective date.
• Sections 308, 322 and 330, all relating to matters
involving the homestead exemption, are
effective on the date of enactment, as provided
for in Section 1501(b)(2).
• Section 324, concerning the district courts’
exclusive jurisdiction over matters pertaining to
professionals employed in bankruptcy cases,
applies to cases filed after the date of enactment.
• Section 325, addressing bankruptcy filing fees,
is effective for the two year period beginning on
the date of enactment. Only subsections (b)
and (c) of Section 325 are governed by the
Section’s effective date. These deal with the
U.S. trustee system fund and the collection and
deposit of miscellaneous bankruptcy fees. The
Section’s amendment to the fees for commencing
cases under chapters 7, 11 and 13 are governed
by Section 1501’s general effective date.
• Section 434, which sets forth specific reporting
requirements by small business debtors in chapter
11, takes effect “60 days after the date on
which rules are prescribed under [28 U.S.C.
2075] to establish forms to be used to comply”
with the reporting requirements. Although the
Advisory Committee on Bankruptcy Rules of
the Judicial Conference is required to propose
such forms for adoption under Section 435 (in
accordance, under the Act, with 28 U.S.C. §
2073), no specific timeframe has been set forth
for doing so.
• Section 601, requiring the compilation and
reporting of various data in consumer
bankruptcies, is not effective until 18 months
from the date of enactment.
• Section 603, requiring random audits
of individual chapter 7 and 13 cases, takes effect
18 months from the date of enactment. This
includes the Section’s language adding as a
ground for revocation of discharge the debtor’s
failure to satisfactorily explain material misstatements
discovered in a random audit or the
failure to provide information and records
requested in conjunction with an audit.
• Section 1001, permanently reenacting the provisions
of chapter 12, is effective July 1, 2005.
• Section 1213, overruling the Deprizio rule,
applies to any case that is pending or commenced
on or after the date of enactment.
• Section 1221, which requires that transfers
made by nonprofit debtors comply with
applicable nonbankruptcy law, applies to cases
pending or commenced on or after the date of
enactment. However, before confirming a
chapter 11 plan, the court must consider
whether the provisions of Section 1221 would
substantially affect the rights of a party in interest
who first acquired rights with respect to the
debtor after the date of the petition.
• Section 1223, providing for additional bankruptcy
judgeships, is effective on the date of
enactment.
• Section 1234, amending provisions of § 303
and involuntary cases, is effective on the date of
enactment and applies to cases commenced
before, on or after that date.
• Sections 1301 through 1306 make various
amendments to the Truth in Lending Act and
require the Board of Governors for the Federal
Reserve System, inter alia, to promulgate implementing
regulations. Each of these sections is
effective upon the later of 1) 12 months from
the date of enactment, or 2) 12 months from
the publication of the Board’s final regulations,
except Section 1301, which is effective upon
the later of 1) 18 months from the date of
enactment, or 2) 12 months from the publication
of the Board’s final regulations. However,
it does not appear that the Board is required to
undertake its duties under these Sections
by any specified date.
• Section 1401, which increases the cap on the
wage priority to $10,000 and expands the lookback
period from 90 to 180 days, is effective on
the date of enactment, but is applicable only to
cases filed on or afterthat date.
• Section 1402 expands the look-back period for
fraudulent transfers from one to two years and
adds language to § 548 to allow avoidance of
certain transfers to or for the benefit of insiders
under employment contracts not in the ordinary
course of business. The look-back expansion
would apply only to casesfiled one year
after the date of enactment. Avoidability of the
insider transfers would be effective on the date
of enactment and applicable to cases filed on or
after thedate of enactment.
• Section 1403, requiring reinstatement of retiree
benefit plans under certain circumstances, is
effective on the date of enactment, but applies
only to cases filed on or after the date of enactment.
• Section 1404 amends § 523(a)(19), added
by Sarbanes-Oxley in 2002, which excepts from
discharge certain debts relating to securities
fraud, but the effective date of this amendment
is not clear. Section 1404 makes the amendment
retroactively effective to July 30, 2002,
the date of enactment of Sarbanes-Oxley.
Under Section 1406, which concerns the effective
dates for the Sections within Title XIV,
Section 1404’s effective date would be the date
of its own enactment, applicable to cases filed
on or after that date.
• Section 1405, which requires that the U.S.
trustee move for the appointment of a trustee
where there are reasonable grounds to suspect
fraud, dishonesty or criminal conduct on the
part of certain corporate officials, is effective on
the date of enactment, applicable to cases filed
on or after that date.
Debt 3 May/June 2005
15

Bankruptcy
Reform
(continued from page 14)
In determining fee
awards a court will
also consider if
the professional
person in question
is board certified or
has otherwise
demonstrated skill
and experience in
the bankruptcy field.
• Failure to file a plan or disclosure statement or to confirm
a plan within the time fixed by statute or the court;
• Failure to pay any fees or charges;
• Revocation of an order of confirmation under § 1144;
• Inability to effectuate substantial consummation of a
plan;
• Material default under a confirmed plan;
• Termination of a confirmed plan by reason of a condition
of the plan; and
• Failure of the debtor to pay a domestic support obligation
first payable after the petition date.
If grounds exist for conversion or dismissal of a case, but the
court determines that a trustee or examiner appointment is
in the best interest of creditors, then the court should grant
relief through the appointment.
Are Professional Fees Affected?
Yes. In determining fee awards a court will also consider if
the professional person in question is board certified or has
otherwise demonstrated skill and experience in the
bankruptcy field. Furthermore, creditors’ committees may
now obtain the services of a professional person on any
reasonable terms of employment, including a fixed or
percentage fee basis. This percentage fee basis is in addition
to the existing conditions of retainers, hourly basis or
contingent fee basis.
When Does All of this Affect Me?
The general effective date is 180 days from the date of
enactment. Only cases filed on or after the effective date are
affected. However, there are some exceptions. See page 15
for a detailed list of sections and their effective dates.
This article only touches on some key points that may be
of interest to your clients. For a more in depth discussion
of the changes to the Code a wonderful resource is the
materials prepared by Judith Greenstone Miller, Cathy
Vance, Judge Wedoff, and Jay Welford which are available
at www.clla.org.
Paige Barr is an associate attorney at Kenneth B. Moll &
Associates, Ltd. in Chicago, Illinois. She can be reached at
(312) 558-6444 or via email at peb@kbmoll.com.
Have an ethics question?
We’re here.
Debt 3 May/June 2005
16
Concerned about a potential
conflict of interest?
We can help.
Want to know more about
the CLLA’s Code of
Professional Conduct?
Let us assist you.
Want to discuss any of the above
in a completely
confidential manner?
We have
the answer.
The CLLA is pleased to announce a unique and worthwhile member benefit.
Available exclusively to CLLA members, the CLLA Ethics Panel is here to assist
in answering your ethics questions. The Ethics Panel will have trained duty
officers available to provide prompt, professional and confidential advice.
CLLA members may contact the Ethics Panel to discuss ethical questions
or issues related to their practice or business, including state ethics rules
and League rules.
In our effort to continue to provide unparalleled value for your membership
dollar, this outstanding service is provided at no cost to CLLA members.
To learn more and access the current list of duty officers,
log on to members section at www.clla.org
Not a member of the CLLA yet?
Become a member at www.clla.org.
Commercial Law League of America
LEADING THE WAY

44th
Southern
Meeting
September 15-18, 2005
CLLA
L E A D I N G T H E W A Y
N A S H V I L L E
The land of Opry-tunity!
Join us in Nashville… home to America’s music for over 35 years!
You will head home singing a happy tune after attending outstanding
educational sessions and enjoying a variety of networking opportunities
at the 44th Southern Meeting.
There is plenty to do in Nashville… from visiting the legendary Grand Ole
Opry to shopping or dining at the new Opry Mills Mall! Enjoy a dinner
at the Gibson Bluegrass Showcase, or dine and play at Jillian’s!
Watch the CLLA website for updates as they
become available. www.clla.org
For more information
www.musiccityusa.com
photo credits: Nashville Convention & Visitors Bureau
Commercial Law League of America
LEADING THE WAY
70 E. Lake Street, Suite 630 • Chicago, IL 60601 • 312.781.2000 • www.clla.org

CARE
for the Young
By Hon. John C. Ninfo, II
There are more than 1.5 million bankruptcies filed each year in this country. What is more alarming is that in
the last ten years, the average credit card debt, a major cause of those bankruptcies, is up 152 percent and
bankruptcy filings among young people between the ages of 18 and 25 have increased 96 percent. Dr. Robert
Manning, an international expert on consumer credit and the author of The Credit Card Nation recently estimated
that between 7 percent and 10 percent of college students drop out of school because of debt problems.
For bankruptcy and credit professionals who deal with the consequences of credit abuse on a daily basis, and believe that
the problem is here to stay, there is a refreshing, innovative and personally satisfying way to get involved and help prevent
this growing problem.
The Credit Abuse Resistance Education (CARE) Program, which makes bankruptcy professionals available nationwide to high
schools and colleges, is designed to help students avoid becoming one of these statistics or suffering some of the many other
increasingly severe and numerous consequences experienced by young people who have abused credit cards. These other consequences
include being turned down for student loans, admission to graduate school, jobs, apartments and car loans.
Debt 3 May/June 2005
18
In Rochester, New York, where the CARE Program was founded in November 2002, it has achieved a critical mass, making
presentations in over 20 high schools and five colleges annually. As a result of the caring, interest and enthusiasm of so many
members of the bankruptcy community, as of April 2005, CARE was being presented or developed in parts of 25 states.

The CARE Program has three components: a live presentation,
handouts and a Web site. From these, students can
learn about:
• the “true costs” of using credit cards at 18 percent to
24 percent interest
• how difficult it is to repay credit card debt incurred to
“buy stuff” and “do things”
• the consequences of financial problems
• the difference between “maintaining” debt (making
minimum monthly payments) and “affording” debt
(paying off balances each month or within a reasonable
time)
• the benefits of living a credit card debt-free life
• realistic budgeting that distinguishes between “wants”
and “needs”
• the importance of having savings for life’s inevitable
emergencies
On the CARE Program Web site “What are People Saying”
link, you can read about the many positive things that educators,
students and the public have had to say about the
CARE Program. In her November 18, 2004 nationally
syndicated column in the Washington Post, Michelle
Singletary said, the idea is to:
[S]end a bankruptcy professional - judges, attorneys
and trustees (the folks who handle the administration
of bankruptcy cases) - into high schools
and colleges all over the country to share their personal
experiences in dealing with people who have
filed for bankruptcy protection. What a brilliant
idea. Who better to counsel young people about
the perils of overspending than the professionals
who have to deal with the aftermath? Look, if you
are responsible for the education of high school or
college students and you care about the way credit
card debt and consumerism could affect their
financial future, contact CARE.
the CARE Program can and will affect behavioral
change when it is most important - before young
people confront the possibility of filing for personal
bankruptcy.
The many members of the bankruptcy community, judges,
trustees, attorneys and court staff members, who have
become a part of the CARE Family because they wanted to
be a part of the solution, rather than just having to deal
with the problem after it is too late, have uniformly
expressed a great sense of satisfaction in being a part of this
important community outreach program where they feel
that they are making a real difference for the young people
in their community.
Alison Scott, Community Outreach Coordinator with the
Boleman Law Firm, is one of the members of the Richmond,
Va. CARE Program. She recently remarked, “After 22 years
in this business, it is finally great to do something proactive
rather than reactive.” Lori Simpson, with Bishop, Daneman
& Simpson in Baltimore, expressed her feelings this way, “I
have truly enjoyed my experience as a CARE presenter. We
are teaching the kids something that will stay with them for
the rest of their lives. The proper and intelligent use of credit
is fundamental to surviving in today’s society.”
Mark Neal, an Assistant United States Trustee in Baltimore
adds, “As an Assistant U.S. Trustee, I routinely see people in
severe financial distress. The CARE Program gives me the
opportunity to use my bankruptcy experience to help prevent
such unfortunate situations in the future. It’s a wonderful
experience to share information and real-life stories that
not only capture the students’ attention but also provide useful
guidance for them as they enter adulthood.”
CARE
I have truly enjoyed my experience as a CARE presenter.
We are teaching the kids something that will stay with them
for the rest of their lives. The proper and intelligent use
of credit is fundamental to surviving in today’s society.
—Lori Simpson
Bishop,Daneman & Simpson
Dr. Manning has noted that:
[B]y introducing the CARE Program in local high
schools and colleges, it offers a practical roadmap
for unwary students who too quickly succumb to
the temptations of easy credit during their most
formative years. By discussing the ‘real world’
consequences of consumer debt and offering guidance
for developing personal finance skills,
Tim Pfeffer, a senior at Penfield High School, remarked
after hearing a CARE presentation, “It was very informative
for soon-to-be college freshmen. It helped focus on the
dangers of impulse buying and the consequences of those
purchases.” Kat Zhao, a junior at Montgomery Blair High
School, expressed these views after her CARE presentation,
“I thought it was very important, and I enjoyed hearing
about real-life experiences and what to watch out for when
handling credit.”
(continued on page 20)
Debt 3 May/June 2005
19

CARE
(continued from page 19)
Please check out the CARE Program website,
www.careprogram.us. It has:
(1) a link on how to start a program in your area;
(2) all of the CARE Program presentation materials,
gathered from CARE Programs across the country,
that can be easily downloaded;
(3) a series of CARE articles written for NextStep
Magazine, a college preparatory magazine that is
distributed in over 21,000 high schools in 48 states,
which are a great resource not only for students, teachers
and parents, but also for presenters;
(4) a credit information link that provides important credit
and financial information and links to other credit
information websites;
(5) the Credit Card Chronicles, two college freshmen, one
at Georgetown and one at Boston College, reporting
back about their experience with finances and credit
cards in college;
(6) media articles, a Federal Judicial Center documentary,
a Program Synopsis and videos of television coverage
that are important marketing tools; and much more.
The CARE Program is continually working to establish
partnerships and collaborations with other entities, including
with the National Foundation for Financial Education
(NEFE), MTV, YoungMoney Magazine, the Federal
Financial Literacy Commission, and others. Local programs
often create their own presentation materials and
pick and choose various materials available on the CARE
Program Web site. However, being a part of the CARE
Program allows you to take advantage of its Web site, presentation
and marketing materials and national identity,
publicity and contacts. This can be an important consideration
when approaching school administrators and teachers
to ask them to bring a financial literacy program into their
school. Also, the CARE Program Web site is currently the
only national clearinghouse for the financial literacy outreach
efforts of the bankruptcy community where interested
administrators and teachers can go to find contact information
in order to schedule a presentation.
As members of the Commercial Law League of America, you
have the personal knowledge, experience and stories of real
people with financial problems to share with the high school
and college students in your community so that they can
improve their Financial I.Q., use credit responsibly and avoid
the many consequences of abusing the far too easy to obtain
consumer credit.
The CARE Program desperately needs you so that more
students across the country can be exposed to its important
lessons, tactics and techniques. If there is a CARE Program
in your community, please consider becoming a part of it,
or supporting it in some way. If there is no local presence,
please consider partnering up with other bankruptcy professionals
in your area to bring CARE to your community.
Show the young people in this country that you CARE and
become part of the solution.
Being a part of the CARE Program allows
you to take advantage of its Web site,
presentation and marketing materials and
national identity, publicity and contacts.
John C. Ninfo, II is United States Bankruptcy Judge for the Western District of New York and was a member of the
Bankruptcy Appellate Panel for the United States Court of Appeals for the Second Circuit. He currently serves as
Chief Bankruptcy Judge for the Western District of New York. For 18 years prior to taking the bench, Judge Ninfo
was with the law firm of Underberg & Kessler in Rochester, New York where his concentration was in the areas of
Debt 3 May/June 2005
20
bankruptcy, banking and commercial law. In the Fall of 2002, Judge Ninfo founded the Credit Abuse Resistance
Education (CARE) Program. Judge Ninfo can be reached the the CARE Web site, www.careprogram.us or by phone
at (585) 613-4200.

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:
✱ the CLLA Bankruptcy Section ✱ the Commercial Collection Agency Association ✱
✱ the Membership Development Committee ✱ the League’s Legislative Writer ✱
✱ the DePaul Business & Commercial Law Journal ✱
✱ the CLLA to underwrite the expenses of League Counsel ✱
✱ the CLLA to underwrite the cost of having a Liaison between the League and the NCBJ ✱
✱ the CLLA to establish the ABC Commission ✱
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
Commercial Law League of America ® .
Contributing companies or firms are recognized by publication in the Patron Roster and by special
designation as Patrons on conference badges for their members.
Commercial Law League of America
LEADING THE WAY
Return the completed
form below to:
CLLA
36404 Treasury Center
Chicago, IL
60694-6400
Phone:
312.781.2000
Fax:
847.526.3993
COMMERCIAL LAW LEAGUE OF AMERICA ®
PATRON FUND PLEDGE FORM
Please include my name among 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.
❏
OR
❏
I am enclosing my check made out to CLLA in the amount of $_____________________________.
I am faxing my credit card information to 847-526-3993 authorizing CLLA
to charge my credit card the amount of $_____________________________.
❏ MasterCard ❏ Visa ❏ AMEX ❏ Discover
Credit Card Number
Exp. Date
Signature
Date
I understand that my listing in the Patron Fund Roster will appear as shown below.
Firm Name
Location

management
Profitability
Techniques
Other Than
More Hours and
Higher Rates
By Joel A. Rose
Part Two
11. Alternative Billing Methods
The concept of alternative billing methods to hourly rates
is of growing importance. It is one of the best ways to recover
for efficiencies created by the effective use of automated
systems. Demands of clients and competition among law
firms are causing fairly dramatic changes in the pricing of
legal services, away from straight hourly billing. For example,
task based billing, contingent fees, modified hourly rate
with a success factor, fixed fee or combinations of the above
are gaining favor.
One key to pricing legal services effectively is to understand
what the client values most in the engagement: is it highly
specialized expertise; is it labor (i.e., is this an engagement
many firms can handle and the client is looking for inexpensive
labor); is it speed of production; is it the reputation
and credibility of the firm; is it a contact or connection; or
is it risk sharing? What the client wants and needs will
frame how legal services for the engagement can be fairly
priced. Structuring a fee arrangement that does not match
up to what the client values, frequently spells trouble for the
relationship as well as for the collectibility of the account.
12. Attorney Staffing: Flex-time,
Part-time and Other Options
Where and when appropriate, flex-time, part-time and temporary
lawyers may allow a firm to call upon trained lawyers
to work as needed, and reduce the amount of unproductive
time, seasonal fluctuations and expensive carrying costs for
attorneys and staff. Also, the costs associated with flex or
part-time and temporary attorneys are traditionally lower
than full time attorneys, and there is frequently no need for
health care or benefits nor partner track.
The new challenge for law firms today is how to increase profits and reduce clients’ legal
fees. This second of a two-part article describes the last ten of 20 approaches for enhancing
profitability other than by working more hours and charging higher hourly rates.
To read the first ten ideas, see pages 22 and 23 of the March/April 2005 issue of Debt 3 .
13. Partnership Track/Addressing the Issue of
Under-productive Partners and Associates
Every partner and associate should be subject to continuing
scrutiny. Profits should be distributed and career advancement
should be awarded to those who earn it, not those
who stand the test of time. Partners and associates who no
longer justify their compensation package should be counseled
by lawyer management. Absent appropriate improvement
in their performance, their salaries should be adjusted
accordingly and their career progression and/or the continuity
of remaining in the firm should be reevaluated.
Debt 3 May/June 2005
22

management
14. New Systems, Methods and Technology
In today's practice environment, it behooves lawyers to
determine whether they can substantively improve their
practice, accomplish more work in a given time, do a better
job in the same time, retrieve and use prior work product
more efficiently, and in short, provide benefits to their
clients and themselves by using modern hardware systems
and software. By considering the following, lawyers may
begin to assess the extent to which hardware and software
applications, people and practice systems will accomplish
specific results: With hardware systems, how much is
enough, i.e., individual PC's, handhelds, office networks,
multi-office networks, home to office capabilities?
Concerning software, which of the selected examples of
individual and firm wide user applications are appropriate
for your office:
individual user applications - operating systems, phone
lists, spreadsheets, time and billing, word processing, calendar,
check writer, communications/internet access, data
bases, mailing lists, modern telecommunications systems,
firm-wide applications - accounting, banking online, case
management, conflicts, disaster recovery, docket control,
document production, file room, LANS and WANS,
library, management reporting, new client intake, time and
billing, website/marketing, etc.
To address the above applications, lawyers must answer
several questions including:
• What do we actually do in our practice?
• What do we want to do (or what should
we want to do?)
• Can we get there with existing hardware, software,
people and operating systems?
• Do we have the means and technical skill to
upgrade and if so, are we ready for this?
• Should we upgrade as a single project or
compartmentalize and stretch the effort over
a several year period?
• Have we analyzed compatibilities, training, and
financing?
• Are consultants of several kinds appropriate
at this time?
• Should we just out source much of our
immediate needs?
15. Expand the Use of Programmed
Form Documents
Increase your firm's "library" of pre-approved programmed
form documents. Encourage lawyers to share frequentlyused
form documents. Formalize the process by having a
departmental committee work with each lawyer's forms to
create departmental standards where practical, and encourage
your lawyers to submit examples of good work received
from other firms for possible use in your practice.
All standard or semi-standard forms should be entered into
your computer system so that all document preparers can
retrieve them easily. Be aware that the secretary's attitude
will affect the lawyer's willingness to use a particular form,
so make it easy for the secretary.
Circulate hard copy of existing forms to all potential users
whenever there are revisions or additions. Lawyers can't use
what they don't know exists. Further, to gain greater acceptance
of the use of standard forms, be flexible with alternate
language to suit each lawyer's style. It's better for a lawyer
to use 80 percent of a form because he or she may craft 20
percent to their own liking than for the lawyer not to use it
at all because the rules are too rigid.
Bill appropriately for form documents. You must be paid
for development efforts, and it is both reasonable and proper
to charge based on what the document is worth to the
client, not for the few minutes it takes you to pull it from
the computer.
16. Increase Specialization by Lawyers
and Paralegals
Today's social and economic climate is no longer practical
for the general practitioner. Too much additional time is
required for the lawyers who purport to be general practitioners
to acquaint themselves about a specific type of law
that may be unfamiliar. This is not cost-effective. Further,
lawyers should focus on complex legal issues and emerging
fields of law. To do this, they must recognize tasks that may
be best performed by competent paralegals.
Lawyers and paralegals that have specialized in particular
practice areas should have the capability to work more efficiently
and effectively, produce a higher quality work product
faster and presumably can charge higher fees. Even in
smaller firms, when practical, it may be beneficial to divide
up the legal work by substantive practice areas, the ability
and interest of each lawyer. Hence, lawyers should be
encouraged to become well educated, even beyond mandatory
CLE requirements.
Lawyer management should insist that work be assigned to
the correct department or lawyer who possesses the appropriate
level of expertise in your firm. A personal injury lawyer
should not be allowed to write a will or handle a real estate
closing, even if it is for a relative and is being done at a discount.
Further, the firm’s compensation system should
reward referrals to the right specialist, and perhaps even punish
inappropriate retention of work by the originating lawyer.
17. Enhanced Management of Substantive
Practice Areas
Lawyer management should be able to rely upon those partners
within practice groups to deal with issues of attorney
workload, staffing, rates, realization and billable hours within
the group. Clearly, a practice group doing insurance
defense litigation is going to have different rates, billable
requirements and activities in sharp contrast to a transnational
group. Partners within the practice group must be sensitive
to the distinction and managing partners must be equally
sensitive to this distinction in addressing profitability issues.
(continued on page 24)
All standard
or semistandard
forms should
be entered
into your
computer
system so
that all
document
preparers can
retrieve them
easily.
Debt 3 May/June 2005
23

(continued from page 23)
Joel A. Rose is
president of Joel A.
Rose & Associates, Inc.,
Cherry Hill, NJ, a firm
of management
consultants that
specializes in law firm
management and legal
economics.
Mr. Rose calls upon
38 years experience
as a management
consultant to law firms,
and has special
expertise in strategic
planning, partner
compensation systems,
planning and facilitating
retreats, assessing the
feasibility of mergers
and acquisitions
and approaches for
enhancing revenue
and profitability.
He may be
contacted at
jrose63827@aol.com
or by phone at
856-427-0050 or
fax 856-429-0073.
18. Controlling Costs
After years of consulting to the legal profession, one
inescapable conclusion pops out...that profitable firms are
revenue driven, and that an hour spent in deriving new
revenues normally results in more profit to the lawyer than
an equal hour spent in trying to reduce costs. That said, the
following are some of the standard techniques for controlling
law firm costs:
• Budget ahead of scheduled activities
• Time expenses to match firm initiatives and
strategies for achieving particular objectives
• Centralize office purchasing in one employee
• Review performance against both budget and
prior year expenses. Make these reviews with
other lawyers and/or administrative staff
responsible for line items.
• Compare ongoing performance and/or starting
conditions, i.e., salaries, rent, etc., with published
surveys. Remember, there is no average law firm.
Your firm's costs will be higher in some areas
and lower in others than survey averages of firms
your size. Your analysis must be tailored to
your practice.
• Exercise collective purchasing power. Negotiate
for group rates - usually best done through your
local or county bar association, or legal administrator's
organization. Law firms and
other service firms and businesses may
form buying co-operatives. Office
purchases may be drop shipped or, if
your group is large enough, use your
own warehouse.
19. Modernize In-House
Organizational Procedures and
Controls in Single
and Multi-office Firms
There is an absolute need for the managing partner,
firm administrator and other management
personnel for the whole firm to give attention to
the above recommendations to enhance firm
revenue and profitability. The whole firm must
pay attention to the operations of the various
practice areas and offices and to avoid ignoring
problems that may adversely affect profitability.
In multi-office firms, there is an absolute need
for a hands-on managing attorney within each
office to assume the first level of responsibility
for the profitability of that office. Further,
branch offices should be able to stand profitabil-
ity on their own or serve some significant profit-making
function that benefits the firm as a whole. If they do not,
these offices must be identified, and steps taken to either
increase profitability, or eliminate the office and its drain
on the firm.
These organizational control steps are the only way in
which some law firms may maintain control over cost elements
in a rapidly changing economic entity: write a
Limits of Authority statement for all who have the right to
sign checks or commit the firm to any financial obligations,
including partners; and designate those individuals
who can hire and approve overtime.
20. Improve Banking Relationships
Banks have become more difficult and expensive to deal
with. Customer service for individual and smaller accounts
has taken a back seat to larger commercial accounts, and
smaller firms are feeling the pinch. Therefore, bank wisely:
• Shop for the best banking relationships you can
• Use your escrow accounts, checking accounts,
etc., as a bargaining chip for favorable banking
services, costs and marketing opportunities
• Use possible client referrals as a further
bargaining chip
• Offer to use bank services for real estate closings,
trusts, etc.
Bressler-Duyk Law Firm
“A Full-Service Law Firm Serving
All of New Jersey Since 1967”
New Jersey Collections
Bressler-Duyk is a creditors’ rights law firm providing
comprehensive collections and litigations services in areas
including Commercial, Retail, Subrogation, Transportation
& Insurance, Probate and Foreclosure/Real Estate Law
• Representing Creditors on Commercial & Retail Claims
• Asset Locators
• Bank Levy and Wage Executions
Martin L. Duyk is past chair of the Eastern District
of The Commercial Law League of America ®
Marc Bressler and David Bressler are members
of the Creditors Rights Section
Marc Bressler serves on the Executive Councils
of the Eastern District and the Creditors Rights Section
of the Commercial Law League of America ®
Debt 3 May/June 2005
24
(732) 494-8555
Fax: (732) 494-9464
Bressler Professional Building
60 State Highway 27, Edison, NJ 08820-3908
marc@bresslerlaw.com
www.bresslerduyk.com

Debt 3 May/June 2005
25

marketing
ONGOING
FOLLOW-UP
KEY
TO TURNING
PROSPECTS
INTO CLIENTS
By Trey Ryder
F
ollow-up is critical to good marketing. Why? Because
prospects may not be ready to hire you the moment
they discover you.
Debt 3 May/June 2005
26
To remain in the
strongest
competitive position,
you need to stay in touch
with prospects—
in an
education-based way—
so when they decide
to hire legal services,
the lawyer they
choose is you.
Prospects may need more time to get to know you. They
may need more time to evaluate whether they can trust you.
They may need more facts to make their decision. Or they
may not want to hire you until their circumstances change.
Whatever the reason, prospects may need time. And with
time comes the opportunity for your prospect to contact
other lawyers -- and for other lawyers' marketing efforts to
get in your way.
To remain in the strongest competitive position, you need
to stay in touch with prospects -- in an education-based way
-- so when they decide to hire legal services, the lawyer they
choose is you. This is why it's important that you identify
your prospects and capture their names and addresses for
your mailing list. (If your prospect does not want his partners,
co-workers or spouse to know he has contacted you,
ask him to get a post office box or e-mail address that is not
known to the other parties.)
You want your first communication with a new prospect to
be neutral and non-threatening. This is one reason your
offer to mail an information packet can be so attractive. In
addition, when you offer your packet by mail, you (obviously)
ask for your prospect's name and mailing address.
And your prospect (naturally) gives it to you, without

marketing
raising his defenses as he would if he thought he would
soon become the target of a sales pitch.
During the follow-up process, you strive for the highest
level of personal interaction with your prospect -- hopefully,
a personal conversation. When you speak with your
prospect, you help your prospect feel at ease, you respond
to your prospect's questions, and you help move the process
forward so your prospect hires your services.
Make sure you build your follow-up efforts on answering
questions and providing information. When your followups
focus on offering facts and advice, every time your
prospect interacts with you, you reinforce the depth of your
knowledge, skill and experience.
One note of caution: If your follow-up efforts include taking
a prospect to lunch, or playing golf, your prospect
might assume he is the target of a sales effort. If you choose
to go to lunch or play golf, you strengthen your position by
keeping your prospect's legal situation at the center of your
discussion.
To stimulate a second contact from your prospect:
★ Invite your prospect to a seminar or roundtable. This
gives him the opportunity to talk with you and ask questions
in a non-threatening setting.
★ In your information packet, provide an intake or evaluation
form. Ask your prospect to provide basic facts and
then return the form for your review, in advance of your
first conversation. Or he can bring it to your first meeting.
★ Offer additional articles and educational handouts.
While sending an article is not as personal as speaking
with your prospect, if your prospect isn't ready to talk
with you, his requesting an article is at least a cordial and
educational contact. Plus, it keeps the flow of information
going from you to your prospect.
You can extend all of these offers by mail or e-mail (through
letters and newsletters) -- and on your web site.
I caution you NOT to conduct your follow-up effort by
calling your prospect on the phone. An unexpected call
labels you as a telephone solicitor and could cause your
prospect to respond to you the same way he responds to
other telemarketers.
How often should you follow up?
Frequency is more important than the amount of information
you provide. For maximum impact, send your prospect
something by mail (or e-mail) every five days for the first three
weeks. Make sure whatever you send is designed to educate
your prospect and help him make an informed decision.
When your
follow-ups focus
on offering facts
and advice,
every time your
prospect interacts
with you,
you reinforce
the depth
of your knowledge,
skill and
★ Offer to speak with your prospect over the telephone to
answer questions or provide further information and
advice.
After the first three weeks, follow up at least monthly. If
you can send something twice monthly or weekly, that's
even better.
experience.
★ Offer to meet with your prospect in your office or his, so
you can discuss his situation in more detail.
★ In your information packet, and on your web site,
provide a form on which your prospect can list his objectives.
Ask him to fill out the form and send it to you --
or bring it to his first appointment with you.
You work hard to identify new prospects and add them to
your mailing list. Now make sure you provide ongoing follow-up
and take good care of your prospects. If you don't,
hundreds of other lawyers will.
Trey Ryder is a law-firm consultant who specializes in Education-Based Marketing for attorneys. He offers lawyers
three free articles by e-mail: 7 Secrets of Dignified Marketing, 11 Brochure Mistakes Lawyers Make, and 11 Ways to
Turn Your Fee and Billing Policies into a Competitive Advantage. Send your name and e-mail address to
trey@treyryder.com and ask for his free e-mail packet of articles.
© Copyright 2005 by Trey Ryder LLC. All rights reserved.
Debt 3 May/June 2005
27

technology
Using
technology
to keep
your
clients
happy
By John P. Meehan
Everyone knows that clients want the highest recovery
possible on the cases they entrust to you, whether
you are an agency or an attorney. However, there are
four additional expectations clients have about cases they
send to you. They want to:
• Stay informed about what is happening with their cases
• Minimize efforts by their staff in forwarding
and overseeing your work
• Evaluate that cost and recovery rates are competitive
• Be assured that they are not exposed to
potential liability
Technology, and particularly the Internet can help you keep
clients happy by meeting all four of those needs.
Keep clients informed
Technology, and in particular the Internet, allows you to
keep clients informed about the status of any case on a continual
basis.
Think about what happens when a claim arrives into your
office. Typically, the information about the claim (e.g.
debtor and creditor contact information; claim amount,
etc.) is noted into a case file. As the attorneys or your staff
works the claim you update the case file with the results of
phone calls, asset searches, recommendations, key dates and
actions taken on the case.
Almost without exception, every active collection firm or
agency has some form of collection management software
that is a database to store all the information about the case.
Once this information resides in your collection management
software database, it is easy to make it available in a
secure fashion to anyone you want.
Debt 3 May/June 2005
28
If you received the claims through an
electronic delivery provider, generally you
don’t need to do anything more to keep your
forwarder or client informed.
If you received the claims through an electronic delivery
provider, generally you don’t need to do anything more to
keep your forwarder or client informed. Both of you can
access the data remotely through the electronic delivery
provider’s Internet site whenever you wish. Depending on
the number, breadth and depth of the reports the electronic
delivery provider offers, you and your forwarder/client
will be able to know what is going on with every claim sent
through that provider remotely at anytime. No more
reporting or prompting.
Of course, some forwarders or clients send claims “electronically”
using excel spreadsheets directly and not through an
electronic delivery provider. Even this information can be
made available to your forwarder/client in an easy, continuous
and secure fashion. Simply capture the data for these
cases from your collection software management database
and send it to yourself using an electronic delivery provider
that offers such an exporting service. This then places a
copy of the data onto the secure Web site of the electronic
delivery provider. You can then grant the forwarder/client
permission to access the data and reports about those claims
via the electronic provider’s secure Web site. Again, no
more reporting or prompting.
Your forwarders and clients are happy because they know what
is going on with their cases anytime at their convenience.

technology
Minimize staff effort
Obviously one way to reduce the amount of time and effort
a forwarder spends on cases assigned to you is to reduce
their need to prompt. As discussed above, providing online
access to status information about the cases significantly
reduces everyone’s workload by reducing telephone tag,
eliminating the need to complete and file reporting forms
and the cost of retrieving data on an ad hoc basis.
Another way is to eliminate the need for keystroking data
and avoid errors. Moving data via an electronic delivery
provider that interfaces with your own collection management
database eliminates the need for staff to input data
into that database. Errors are eliminated as the data is captured
exactly as sent. Staff can spend more time on increasing
recovery and less on technical or data entry tasks.
Standardization of the process helps reduce staff time as
well. On the receiver end, this has probably become quite
evident. If you receive claims electronically, you most likely
are dealing with half-dozen or more different formats in
which the data is sent. If the data is coming via electronic
delivery providers, your IT department and staff need to
wrestle with several different interfaces.
Even if all you do is receive excel spreadsheets, you have
probably discovered that each is slightly different in format
and structure. Your staff must spend time reorganizing the
data in order for it to work correctly in your collection software
management database.
Forwarders are probably experiencing similar issues as well.
Their clients are sending files using a variety of protocols
and file structures. They are required to manipulate files or
maintain several different interfaces in order to serve their
ultimate clients.
Some forwarders may believe that standardization of how
claims data is structured is irrelevant to their business
because they are able to simply demand that all receivers use
their format if they want to receive their business. This is
costly not only to the receivers but also to the forwarder.
The receiver must maintain and support many different
formats and interfaces. If this weren’t necessary, the receiver’s
time in processing and reporting on claims coming
from a multitude of formats could be significantly reduced.
Reducing the back office time to process claims accelerates
actual collection activities on the claims. As everyone in
this industry knows, time is definitely money when it
comes to delinquent accounts.
Part of the reason for the lack of standardization is the fact
that most electronic delivery providers and data hosting services
do not make the information about their file structures
and conventions they use available in the public domain.
As the business of electronic delivery of data matures,
clients, forwarders and receivers will expect a standard for
claims processing that is open and available to all. In that
(continued on page 30)
Moving data via
an electronic
delivery provider
that interfaces
with your own
collection
managment
database eliminates
the need for staff
to input data into
that database.
31 Oak Street • P.O. Box 352 • Patchogue, New York 11772
Phone: (631) 475-4400 • Fax: (631) 475-9882 • E-Mail: thefirm@roewallace.com
• Complete Creditors’ Rights Service •
– Commercial
– Retail
– Insurance
• Competitive Rates • AV
– Transportation
– Bankruptcy
– Subrogation
– Mortgage
Foreclosure
Rated • Proven Track Record •
CONTACT:
Lester P. Taroff • l.taroff@roewallace.com
Steven Taitz • s.taitz@roewallace.com
SERVING METROPOLITAN NEW YORK
Debt 3 May/June 2005
29

technology
Using e-mail to forward and report on claims makes it easy for a disgruntled
staff member to sabotage your business.
John Meehan is Chief
Operating Officer of
YouveGotClaims.com,
a provider of data-hosting and
electronic delivery of collection
data. The website is
www.YouveGotClaims.com.
John can be reached by email at
MeehanJ@YouveGotClaims.com
or by phone at 800-542-0204
ext 230. Copyright 2005.
All rights reserved.
Debt 3 May/June 2005
30
way, the process on all sides of the transaction will become
more standardized reducing the need for multiple interfaces.
Staff time will be reduced and less effort will be
expended on forwarding and managing the data. Recovery
rates will increase, errors will be reduced and everyone
involved from the client to the forwarder to the receiver will
earn more.
Evaluate cost and recovery rate
You know that you do a good job collecting claims. Your
recovery rate is competitive with others in your jurisdiction
or your market. Forwarders want to be able to compare
how well receivers are doing. Clients want to evaluate the
agencies they use.
Forwarders and clients that use an electronic delivery
provider and their data hosting capabilities have numerous
reports available to help compare recovery rates among
receivers. If you are particularly proud of your recovery
rates, you can “self-publish” your success to current as well
as potential clients and forwarders.
If the data host offers an exporting capability, you can place
data about claims your firm has worked on the data host’s
Web site. Reports can be fashioned in such a way to show
clients how successful your office has been in working their
claims. The data can be used in summary form, without
revealing confidential data or names of creditors or debtors, in
order to show potential clients your successful track record.
In addition, everyone in the process wants to be able to
evaluate their true cost of recovery based on a variety of factors.
Some obvious criteria might be to compare recovery
rates and direct cost of collection by state or by size of
claim. Others might include the age of claim or the length
of time the receiver has been doing work for the forwarder.
Most data hosts have a variety of reports that are “hardwired”
to provide users with a great deal of information.
However, what if either as a forwarder or receiver you have
your own set of criteria that you want to use to evaluate success.
For example, as a forwarder, you might want to analyze
cases to determine which receivers are more likely to
recommend suit and then compare recovery rates between
receivers based on whether or not suit is recommended and
by size of the claim or length of time between placement
and recovery.
Some data hosts provide the additional capability for
authorized users to download the data itself and manipulate
it as they desire. In that way, the user need not be satisfied
using static reports or individual claim information that the
hosting service may offer. The user can not only analyze the
data any way they wish, but can also do so off-line by
downloading the data.
Avoid potential liability
Privacy issues are in the forefront today. There have been
many recent news reports about companies having their
data exposed due to tape backups being lost, identity
thieves posing as clients and even reports of “dumpster diving.”
These are companies with deep pockets and significant
safeguards in place, and yet they face the potential for
having data compromised.
If you make data in your collection management software
database available to forwarders or clients on a direct basis or
are tempted to do so, think twice. Even if you feel comfortable
with the privacy and security issues, consider the amount
of time and training your staff needs to provide to those
accessing your system. And of course, the client or forwarder
must become adept at accessing several different systems in
order to keep up with what is happening to their cases.
And if you think that sending spreadsheets via e-mail doesn’t
create potential liability for you or your forwarder/client,
think again. How often have you or a member of your staff
typed an e-mail address incorrectly? The result is that the data
about debtors is sent inadvertently into the hands of some
unknown and unintended recipient. Just think of how your
business and professional reputation as a forwarder or receiver
would suffer if data including social security numbers accidentally
fell into the hands of someone who decided to use it
for their own gain or decided to let the media know about the
information they received accidentally.
Using e-mail to forward and report on claims makes it easy
for a disgruntled staff member to sabotage your business. It
is easy to forward an e-mail containing an attachment with
personal data to a competitor or sell it to an identity thief.
Remember that viruses are easily spread through attachments.
Imagine having to explain to a client or your forwarder
or receiver why their system became infected
because of a file you sent.
Nonetheless, it is crucial that you balance the need to provide
information quickly and electronically to clients, forwarders
or receivers with the need for security of the data. It can be
done using the Internet in a safe and secure manner.
The technology provided by reputable electronic delivery
providers and data hosts virtually eliminates those concerns.
They will use secure “file transfer protocol” as well as firewalls,
encryption and can provide confirmation of delivery
of data. The data will be received the way you sent it.
Reducing as much as possible the risk and potential liability
will keep clients happy.
Conclusion
Clients and forwarders want to be happy. Use of today’s
Internet technology including secure electronic delivery as
well as remote data hosting can help keep your clients
happy and that will make you happier as well.

The Commercial Law League of America ®
and the
Eastern Region
Members’ Association
present the
th
NEW YORK
85MEETING
CLLA
L E A D I N G T H E W A Y
Questions?
© Jeff Greenberg/NYC & Company, Inc. © Joseph Pobereskin/NYC & Company, Inc.
© Jeff Greenberg/NYC & Company, Inc.
November 10-13, 2005
Sheraton New York Hotel and Towers
New York, New York
Coming Soon…
One Singular Sensation!
Outstanding educational events by day and
the lights of Broadway by night… the 2005
New York Meeting has it all!
(Theater options will be better than ever and
will be announced at a later date.)
Headliners:
Thursday, November 10, 2005
• Agency/Attorney Networking Day
Anthony F. Picheca, Jr.
Regional Chair
Phone: 908.234.0536
Email: apicheca@msn.com
Warren Pinchuck
Arrangements Chair
Phone: 800.648.1914
Email: warren@columbialist.com
Friday, November 11, 2005
• Agency/Attorney Networking Day
Saturday, November 12, 2005
• Annual Reception/Cocktail Party
(including Warren’s famous Martini & Margarita Bars)
Sunday, November 13, 2005
• Lavish Sunday Brunch
Commercial Law League of America
LEADING THE WAY
70 E. Lake Street, Suite 630 • Chicago, IL 60601 • 312.781.2000 • www.clla.org

leadership
UNDERSTANDING LEADERSHIP:
THE NEGATIVE POWER OF
DEPENDENCE
By Kelly Newcomb
Ihave two daughters, two years apart in age,
who are as different in personality as night and
day. Although both are bright, one is very well
organized and excels in school. The other lacks
what I’ll call “sequential” organizational skills.
She has trouble in school, and she has been
diagnosed with ADD (Attention Deficit
Disorder).
The youngest daughter has always
been an early riser. She keeps her
room neat and gets ready for school
on her own each morning. The
older daughter with ADD could
never seem to get out of bed in the
morning, get herself ready, or get
to the car without running out the
door trailing an open coat, dropping
books, and tripping over
untied shoe laces.
For the past few years, getting the
older daughter off to school was one of
my wife’s most difficult tasks. Every
morning there was a fight. Always something
was left undone or forgotten. My
older daughter frequently made my wife late
for work and required her to get up hours
before the time to leave. The atmosphere was
often quite negative.
Then at the end of school last year I took over the job of getting
the girls ready each morning. My wife told me I would have
to take on the responsibilities of waking up my older daughter, laying
out her clothes, making sure she ate breakfast, rounding up her books and
homework, and getting her out the door on time.
Debt 3 May/June 2005
32
I promised I would take care of everything. My wife looked dubious and for a good reason
since I’ve been known to have moments a lot like my oldest daughter. I am not a naturally
organized morning person!

leadership
However, my love for my family has required me to get up
very early to get work done that would otherwise have to be
done in the evenings. Since my wife and I made a commitment
several years ago to share evening dinners together as a
family, I have begun to get a knack for early rising.
Overcoming my own difficulties with the morning took
time, as I became accustomed to change at my own pace. I
sensed it would also take time for my oldest daughter to
make similar changes for herself.
Realizing this, I decided to start slowly with her. Little by little,
we worked on making small changes. Each change
encountered its own cycle of frustration and resistance. There
were some angry moments between us—her being mad at
me for feeling that was I pushing her to do something different,
while dealing with the fact that I would not do everything
for her.
Every decision was hers to make. I would simply give her the
choice, stated as “either, or.” The consequences were natural.
For instance, the first time I told her the evening before that
either she make her own breakfast or she would have to do
without, she wasn’t impressed. However, the next morning
left an indelible impression on her when she left for school on
an empty stomach. Since then, she has never missed breakfast
and has even made pancakes without making a mess!
I gradually began to notice that the less I did for my daughter,
the more she did for herself. Now she gets out of bed on
her own, chooses her clothes to wear, and packs her backpack
with her previous night’s homework inside.
While she still lacks some time awareness and performs her
morning ritual at a much more uneven pace than her younger
sister, she has become very successful at doing what has to be
done. Occasionally, she is even ready before her sister.
The year is almost over now and she hasn’t been late once. I
no longer worry about her abilities to be successful in this
world. I know she is going to do whatever she must for herself
at her own pace.
My wife frequently asks about our mornings. She can’t
believe things are going so well. I want her to think it’s my
superior parenting skills at work, not my own challenges with
kid management that has led to our success.
Rather than giving my daughter orders—“Get out of bed,
get dressed for school, get your homework, etc.”—I gave her
responsibility and made her accountable for her own actions.
And that is what made all the difference!
If we all had employees, team members, and politicians like
my youngest daughter, getting things accomplished at work,
in our associations, and in our world would be easy.
However, people come in many different personality types
with many different issues. Regardless of this, I have begun
noticing persons do better when they are held accountable
and responsible, even when performing at their own pace.
There is another lesson I gained from my experience with my
older daughter. People who give orders or do all the work
themselves often get reluctant, irresponsible work in return.
However, people who help others to be responsible for their
own actions are freed from doing all the work themselves and
less likely to be the target of other persons’ blame. My daughter
could no longer point the finger at someone else for
something that did not get done, especially when that something
was ultimately her responsibility.
Recently this experience has caused me to reflect profoundly
on my work, especially with volunteer organizations. It
always perplexed me to see committees blame other committees,
even members on their committee or the organization
for its inabilities to get things done. Often, meetings would
be long, torturous referendums on all the things that weren’t
being done or couldn’t be done.
One day last week in a session, I heard a polite man state
“Aren’t we all volunteers?” I thought briefly, “Oh – Oh, here
it comes, the cop-out,” when he surprisingly asked, “Isn’t this
what we volunteered to do…to get things done and help
solve these problems ourselves?” At that moment another
lady piped in stating “either we do something or stop meeting
like this. Personally, I want to do something.”
Immediately I began to smile. Like my daughter, perhaps
these folks would learn how to operate independently.
From that moment on, the meeting was no longer focused
on the problems, as people decided to take responsibility and
solve the issues that were making them feel so negative for
such a long time.
People who
help others to
be responsible
for their own
actions are freed
from doing all the
work themselves
and are less likely
to be the target
of other persons’
blame.
But in the end I realize that what I have learned are several
important lessons in leadership. My daughter was dependent
on her mother for everything, and that dependence had a
negative power that led her to take less and less responsibility
for herself. It also had a negative power over us, since we
were never able to focus entirely on what we needed to do
without first doing for our older daughter what she could
eventually do for herself. She became helpless and needed to
be pushed through her morning like a stubborn donkey,
sometimes kicking and always baying.
Kelly Newcomb, president of Newcomb
Marketing Solutions, has been helping businesses
develop marketing and strategic planning
programs for more than 14 years. He also
owns and manages Can Do! Success, Inc., a
personal and organizational development company
specializing in corporate culture, business
development, human resource development
and sales training. He can be reached at kelly@candosuccess.com
or at 800-921-1221.
Debt 3 May/June 2005
33

lifestyle
&
PUBLIC TOILETS, PEWS
PASSENGER CABINS
By Peter de Jager
Debt 3 May/June 2005
34
I obviously have a
different view of the
importance of a
ringing phone.
It will never have
priority over the
person I'm
physically with.
I will never
interrupt a personal
conversation to
answer a call
from what could
be a complete
stranger, or worse,
a telemarketer.
The problem with public transportation is the ever present press of people. We're herded from one location to another
with little opportunity to be alone. The only chance for quiet and privacy are the few minutes we spend hidden
in the safe harbour of a public stall. Hardly an opulent resting place, but it provides a few moments of peace, safe
from the noise of the crowd.
That is until, in the stall next to you, a cell phone rings out with the opening notes of Beethoven's Fifth and then, to your
utter amazement, the individual, amid the grunts and groans of normal bodily functions, answers the phone and holds a
loud (as always) conversation. As you leave the stall you shake your head as you realize that another bastion of privacy and
solitude has fallen prey to electronic communications.
While I see the usefulness of a cell phone, I've never really understood this compulsion to be in constant contact with
anyone. Nor do I have a need, in my line of work, to give my clients the ability to contact me at a moment’s notice. Until
very recently I did not own a cell phone. To many that marks me as a card carrying Technophobe. For me it was merely an
acceptance of the fact that I had no pressing need to be in 'contact' every moment of the day.
I now carry a cell phone. Why? Because recently I underwent heart surgery and while recuperating I went for long walks
with the dog. Having a means to call 911 if I fell down and couldn't get up seemed like a good idea. Only three people have
my cell phone number - my wife and sons.
I obviously have a different view of the importance of a ringing phone. It will never have priority over the person I'm
physically with. I will never interrupt a personal conversation to answer a call from what could be a complete stranger, or
worse, a telemarketer. That, in my mind at least, is an grievous insult to the person in front of me.
We have all been in the middle of a conversation with a sales clerk, receptionist, airline check in person etc. and have them
turn away from us to answer an incoming call. Personally I have a very negative response to this behaviour. I consider it both
extremely rude and an example of the poorest possible customer service. I don't care that the phone is ringing. I'm here
now... deal with me first and then deal with the person who might be a thousand miles away from the front of the line.

lifestyle
I doubt that my gut reaction to this situation is different
from that of most people.
All of us have sat in a cinema straining to hear the actors
over the chattering of some fool having a conversation
(loudly of course) on a cell phone. This is so common as to
be unworthy of comment. A cinema after all is a 'public'
space and rudeness isn't a crime, just an indication of social
immaturity and a symptom of the etiquettely challenged.
If answering a phone when with others is a sign of disrespect
and a personal insult, what are we to make of phones
ringing and being answered in places of worship? All
around the world, churches are faced with the problem of
phones disturbing holy services. I wonder how God feels
about having his (her?) time with believers interrupted with
conversations about more important topics?
Which raises the question... If you're a believer, I'm curious
as to what phone call you think qualifies as sufficient
enough reason to interrupt your conversation with God? It
must be earth shattering to say the least.
There was, and for the moment still is, one place where we
are safe from the sound of a ringing phone. At 30,000 feet
we're not allowed to use cell phones. The reason is that they
will supposedly interfere with the sensitive navigation
equipment. Yes, there are on-board phones we can use but
they're expensive and that alone cuts down on usage.
Although there was this one painful trip where
the gentleman sitting next to me, carried on a
conversation with his mistress throughout the
long trans-Atlantic flight... an expensive tête-àtête.
How do I know it was a "mistress?" When
you can't avoid overhearing a five-hour intimate
conversation, there isn't much you don't know
about their relationship.
That last bastion of ring-free space is about to
vanish. The airlines have recently done extensive
testing and have decided that they can offer cell
phone usage while in the air. Since they can offer
it safely, and there is a class of traveler who
believes they need this service, there is no doubt
that within a few years, all airlines will allow it
and present it as a feature.
to strip down to your underwear to comply with the latest
ineffective security measure. Add the effect of a few drinks
at 30,000 feet and the scene is set for fisticuffs in the aisles
and determined attempts to shove the tiny cell phone down
the throat of the offending party.
The bottom line is this: adding cell phones to flights will
further decrease the quality of the travel experience. It will
erode the safety of passengers in general. Irritable passengers
attempting to sleep will not take kindly to the
inevitable barrage of loud conversations throughout the
flight. Polite requests to either stop using the phone or to
talk quietly will be met with predictable hand gestures and
will generate equally predicable responses. But we will add
this technology to flights anyway... either because we're
incapable of seeing the unintended consequences or
because we don't care about those consequences.
The question to all of us is this. When do we start thinking
about how technology changes our lives for the worse
and start acting on that knowledge? Or are we destined to
forever be at the mercy of technology?
Peter de Jager is passionate about change, how
it affects both individuals and organizations and
allows them to grow and prosper. To contact
him, and host internal seminars on Change
Management visit www.technobility.com
© 2005
If answering a phone
when with others
is a sign of disrespect
and a personal insult,
what are we to make
of phones ringing
and being answered
in places of worship?
It is also a simple matter to predict that incidents
of air rage will spike sharply when this happens.
In the long run, cell phone usage at 30,000 feet is
a bad idea. In a cinema the chattering idiot is hidden
in the dark and can't be found. In the
church, our outrage at the interruption is tempered
by our respect for the sanctity of our surroundings.
In the air, the noisy fool is within
arms reach. Passenger cabins are small. They can't
hide from our wrath.
The situation will be ripe for hilarity and mayhem.
You're already in bad mood because you're
cramped and tired and vainly trying to sleep.
You're jet lagged and still smarting from having
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Debt 3 May/June 2005
35

practiceaid
Debtor’s
Word
is his
Bond?
By Richard B. Frandsen
Apolice officer sees a car driven recklessly by some
wild looking hippies. As the officer pulls the car
over he sees some leafy substance being thrown
out the passenger window. He approaches and sees smoke
billowing from the car. When he leans in to speak with the
driver a strong pungent odor fills the air. It sure smells like
marijuana. The longhaired driver looks nervous and his
pupils are dancing. The officer asks if he has consumed a
controlled substance or if he has drugs or something illegal
in the car or even in his pockets. The driver stutters out
“no.” The officer thanks the driver, apologizes for any
inconvenience, and returns to his patrol car.
Debt 3 May/June 2005
36
After a judgment is entered debtors
are routinely brought back into court
to testify or provide detailed
information on their income, assets,
and intentions to pay the debt.
An unlikely scenario to be sure. Yet an identical situation
occurs when the collection attorney hauls a debtor into
court for a supplemental hearing or debtor’s exam.
After a judgment is entered debtors are routinely brought
back into court to testify or provide detailed information on
their income, assets, and intentions to pay the debt. Often
an asset questionnaire is completed that is designed to provide
the attorney with a clear, detailed picture of the
debtor’s assets and financial status. In effect, what we attorneys
ask the debtor is, “Do you have money, income, or
assets I can take from you or your company?” The answer
is predictably “No!” The attorney routinely relies on the
debtor’s honesty and virtue as no debtor would lie under
oath or after signing a certification.

practiceaid
It’s no revelation that some debtors choose to hide or at
least shade the truth. When testifying or completing the
questionnaire debtors will predictably forget or understate
the value of their assets. The attorney is left to rely on the
debtor’s love of truth and full disclosure despite suspicions.
Like the police officer, the attorney takes the answers on
blind faith.
The ownership and value of a debtor’s real estate holdings
are relatively simple to confirm. Personal property is more
challenging. Nevertheless, there is a rarely used, but often
cost effective tool to confirm and value the debtor’s inventory,
equipment, and other assets. The debtor’s assets can
actually be examined and appraised, either voluntarily or via
court order, by a professional personal property appraiser.
The benefits of such an examination are clear.
Accuracy is far greater when an independent third party
assesses the assets. An appraiser can examine each piece of
property at the debtor’s place of business or residence.
Normally photographs, and even videos, will be taken to
allow the appraiser to examine the asset at length and without
the debtor hovering over his shoulder. This photographic
evidence and the written appraisal are also made
available to the creditor’s attorney. The appraiser will likely
know how the region or locale where the assets are located
will affect their value.
Based on the specific asset, the reason for the appraisal, and
perhaps the guidance of the client, the appraiser will value
the assets using one of the following measurements:
■ Cost is a useful measure when the appraisal is made
shortly after an arms length sale.
■ Replacement value is often used for insurance purposes.
■ Reproduction cost is used where the item is unique, has
a limited market, and comparable sales are not readily
available.
■ Liquidation or forced sale value is the default after
attempting unsuccessfully to sell at the appraised value.
This value is often used when a sale is forced to satisfy a
debt.
The appraiser will establish this value based on opinion,
which is a projection of his knowledge of the market and his
experience and training. This experience is priceless when the
object being appraised has a unique value. For example, if the
item has “provenance,” or a unique history or origin, the value
may skyrocket. An old broken seven-iron may fetch nothing
at auction. Yet if it can be confirmed that the club was once
owned by John F. Kennedy it becomes far more valuable. If
there is a story accompanying the club, such as the club being
broken over a knee during a golf round with Khrushchev, the
old seven-iron becomes priceless.
As with any profession, appraisers come in a variety of qualities,
abilities, specializations, and costs. Hourly rates tend
to run between $75-150, plus any travel expenses.
Although the cost tends to be surprisingly reasonable, an
appraisal may not be feasible for a small judgment. Unlike
real estate appraisers, personal property appraisers are not
licensed. However, when selecting a personal property
appraiser consider specialization and certification. Some
personal property appraisers are schooled and tested to gain
CAGA or GPPA certification. The CAGA designation is
offered by the Certified Appraiser’s Guild of America
(www.appraisersguild.com) and the GPPA certification
(Graduate Personal Property Appraiser) is offered by the
National Auctioneer’s Association (www.auctioneers.org).
Both require schooling in residence as well as an exam to test
proficiency.
An appraiser should also be aware of and should abide
by the ethical code imposed by the Uniform Standards
of Professional Appraisal Practice (USPAP)
(www.appraisalfoundation.org). The USPAP is recognized
as the generally accepted standard of conduct for both
real and personal property appraisers. Although most
standards are written expressly for the real property appraiser,
the USPAP does set standards for personal property
appraisals. For instance, it stresses proper research and the
parameters set for preparing reliable reports for the client.
Adding a professional appraisal to a lawyer’s assessment on
an important, potentially profitable case can be invaluable.
Because, believe it or not, there are debtors who lie.
The ownership
and value
of a debtor’s
real estate
holdings are
relatively simple
to confirm.
Personal
property is more
challenging.
■ The most likely method will be the fair market value
which is defined by the IRS and most courts:
Fair market value (FMV) is the price that property
would sell for on the open market. It is the
price that would be agreed on between a willing
buyer and a willing seller, with neither being
required to act, and both having reasonable
knowledge of the relevant facts.
(IRS Regulations 1.170-1(c))
Richard B. Frandsen is a commercial collection
attorney with offices in Salt Lake City and
Park City, Utah (www.biglawyer.com). He
is also a certified personal property appraiser
(CAGA) and a trained auctioneer
(www.weimarhouse.com). He has been a
member of the league for 20 years. He can
be reached at (801) 944-5677 or by e-mail at
biglawyer@aol.com.
Debt 3 May/June 2005
37

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REPORT OF THE
2004-2005 Nominating Council
The following League members were elected as Delegates and Alternates
to the Nominating Council for 2004-2005:
EASTERN
DISTRICT
Delegates
Edward J. Friedman
Baltimore, MD
Anthony F. Picheca, Jr.
Far Hills, NJ
NEW ENGLAND
DISTRICT
Delegates
Jonathan H.Allen
Springfield, MA (Vice-Chair)
David I. Shorr
Framingham, MA
SOUTHERN
DISTRICT
Delegate
Emory B. Potter
Atlanta, GA
Alternate
WESTERN
DISTRICT
Delegates
Alan E. Ramos
Pleasanton, CA
Steven A. Booska
San Francisco, CA
DELEGATES
AT LARGE
Delegates
William C. Sturm
Milwaukee,WI
Murray S. Lubitz
White Plains, NY
Alternates
Joseph I.Terkell
White Plains, NY
Alisa Stein
Haverstraw, NY
Alternates
Marc D.Wallick
Warwick, RI
Leonard Krulewich
Boston, MA
Beau Hays
Atlanta, GA
Alternates
Stephen B. Elggren
Sandy, UT
John Wayne Miller
Longmont, CO
Alternates
John S. Pucin
Philadelphia, PA
Raymond J. Rotella
Orlando, FL
MIDWESTERN
DISTRICT
Delegates
Nancy B. Hamilton
Cleveland, OH (Chair)
Mark J. Sheriff
Columbus, OH
Alternates
Todd L. Gurstel
Minneapolis, MN
Thomas W. Hamilton
Cleveland, OH
The organizational meeting took place on November 13, 2004 in New York,
NY. Rules of Procedure were adopted. The Council elected Nancy B.
Hamilton to serve as Chair and Jonathan H. Allen to serve as Vice Chair.
Discussion at the first meeting centered on the vacancies in office to be filled and
the procedure to follow in developing a slate of candidates.
The Nominating Council met again at the 75th Chicago Conference in April,
2005, where candidate interviews were conducted. Vacancies for office included
President, President-elect, Recording Secretary, two Attorney Members, and
Agency Member.
Jerry T. Myers of Raleigh, N.C. was designated the sole candidate for President.
Sidney S. Friedman of Baltimore, Md. was designated the sole candidate for
President-elect. Joel H. Klein, San Antonio, Texas, was certified as candidate
for Recording Secretary. Robert P. Ingold of Buffalo, N.Y. was certified as candidate
for Agency Member of the Board of Governors. Three candidates were certified as
candidates for the two Attorney Member positions: Ian A. Bardin of Playa del Ray,
Cal., Brian S. Behar of Aventura, Fla. and Robert S. Levy of Commack, NY.
The full slate of candidates follows this report with biographical sketches.
Attendance and participation at this year's meetings of the Nominating Council
was excellent. My appreciation is extended to the members of the Council for the
diligent manner in which they attended to their responsibilities.
Nancy B. Hamilton, Chair
CLLA Nominating Council

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CANDIDATE BIOGRAPHIES
Internet Use and Practice (1998)
Pre-Paid Legal Association Member
Future Planning Conference (1997-98)
NARCA Member
JERRY T. MYERS
President
DATE OF BIRTH
October 1, 1958
Monroe, North Carolina
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
Wake Forest University, B.S. (1980)
J.D. (1984)
Wake Forest University School
of Law. Admitted to the North
Carolina State Bar (1984)
MEMBERSHIPS
AND ACTIVITIES
Member, North Carolina State
Bar Association
President,Wake County Bar
Association,Young Lawyers’ Division
(1992)
Member, American Bar Association
and NARCA
LEAGUE ACTIVITIES
President Elect (2004-05)
Attorney Member, Board of
Governors (2002-04)
Recording Secretary (2000-01)
Member, Review Board—Structure
(1999-2000)
Creditors’ Rights Newsletter
(1994-99)
Forwarders and Receivers (1993-94)
Office Management Economics
(1992-97)
Political Action Committee (1998)
Creditors’ Rights B&I Liaison
(1998-99)
Executive Council Member:
Southern Region (1993-2001)
Creditors’ Rights Section (1992-1997)
Young Members’ Section:
Executive Council Member (1991-94)
Secretary (1995)
Treasurer (1996)
Chair Elect (1997)
Chair (1998)
Board Liaison (1999)
CLLANet Operations:
Ex-Officio Member (1992-95)
Chair (1998)
CLLANet Users Advisory (1996-97)
Nominating Council:
First Alternate Delegate (1991)
Delegate at Large (1997)
Delegate at Large, Nominating
Committee (1997)
Computerization/Standardization:
Vice Chair (1990-91)
Chair (1992-95)
Chair: B&I Liaison (1997)
Professional Responsibility
(1997-2002)
Board Liaison
Pamphlet Committee (1999)
LAW PRACTICE
Smith Debnam Narron Wyche
Saintsing & Myers, L.L.P
4601 Six Forks Road, Suite 400
Raleigh, North Carolina 27609
SIDNEY S. FRIEDMAN
President-Elect
DATE OF BIRTH
April 18, 1947
Baltimore, Maryland
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
University of Maryland,
Cum Laude, B.A.
1969, University of Maryland
Law School J.D.
1974. Admitted to practice in
Maryland and Washington D.C. Bars,
Baltimore, City Bar, Baltimore County
Bar, Supreme Court Bar, Fourth
Circuit Court of Appeals Bar, U.S.
District Courts and Bankruptcy
Courts. Certified Creditor’s Rights
Specialist.
MEMBERSHIPS
AND ACTIVITIES
Maryland Arbitration Claims Panels
and Attorney
Grievance Inquiry Panel
Certified Creditors’ Rights Specialist
by the CLLA
Academy of Commercial and
Bankruptcy Law Specialists, in
conjunction with the American Bar
Association.
Maryland State Bar Fellow
Association of Trial Lawyers
Equipment Leasing Association
Member
Lease Equipment Attorney Network
(LEAN)
President Law School
Graduating Class
Served on Attorney Grievance
Commission for State Bar of
Maryland
Served on Maryland Health Claims
Arbitration Panel for State Bar of
Maryland
LEAGUE ACTIVITIES
Creditors’ Rights Section:
Former Chair, Chair Elect,Treasurer,
Secretary, Member of Executive
Counsel and Education Chair.
Eastern District Counsel:
Former Chair, Chair Elect,Treasurer,
Secretary, Member of Executive
Counsel and Education Chair
Chair National Meetings Committee
(2002-2005)
Commercial Law Foundation Member
Board of Governors (2001-2005)
LAW PRACTICE
Weinstock, Friedman & Friedman, P.A.
4 Reservoir Circle,
Executive Centre 2nd floor
Baltimore, Maryland 21208
Commercial Practice Economics
(1991-93)

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CONVENTION
CANDIDATE BIOGRAPHIES
IAN BARDIN
Attorney Member
Board of Governors
BRIAN BEHAR
Attorney Member
Board of Governors
ROBERT S. LEVY
Attorney Member
Board of Governors
JOEL H. KLEIN
Recording Secretary
DATE OF BIRTH
April 5, 1943
Los Angeles, California
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
Santa Monica City College
University of California
at Santa Barbara
University of California
at Los Angeles, B.S. (1965), J.D. (1969)
Admitted to California Bar (1969)
MEMBERSHIPS
AND ACTIVITIES
Enjoys sailing and showing the youngsters
that he can still play basketball.
LEAGUE ACTIVITIES
Western Region:
Executive Board Member
Creditor’s Rights Section: Executive
Board Member and Chairman of
Practice Groups Committee; Office
Practices and Economics Committee
(1989-1990)
LAW PRACTICE
Law Offices of Ian A. Bardin
8055 W. Manchester Ave., Suite 310
Playa Del Rey, California 90293
DATE OF BIRTH
March 20, 1959
Brooklyn, New York
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
Tulane University, B.A. (1981)
St. Johns School of Law, J.D. (1984)
Admitted in New York and
New Jersey Bars (1985);
Florida (1987)
MEMBERSHIPS
AND ACTIVITIES
Certified Fraud Examiner
S.F.C – Director and Officer
Rotary Club
Member of National Association
of Retail Collection Attorneys
International Association
of Commercial Collectors
American Collectors Association
American Bankruptcy Institute.
LEAGUE ACTIVITIES
Member, Bankruptcy Section
Executive Council; Bankruptcy Section
Newsletter Committee (Chair)
Member of Bankruptcy Section
ADR Committee
Member of Coordination with NCBJ,
Local Meetings, Commercial Practice
Procedure and Cooperation with
NABT committees
DATE OF BIRTH
July 1, 1945
Monticello, New York.
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
University of Rhode Island, B.S. (1967)
Brooklyn Law School, J.D. (1972)
MEMBERSHIPS
AND ACTIVITIES
Past President of the Commercial
Lawyers Conference of New York.
Lecturer for the National Business
Institute
LEAGUE ACTIVITIES
Eastern Region:
Executive Council and Secretary
Creditors’ Rights Section:
Past Chair, Chair-Elect, Secretary,
Treasurer, Representative to the
Board of Governors and Executive
Council Member
Past Secretary of Commercial
Law Foundation
Bankruptcy Section member
Lecturer on creditors’ rights topics
LAW PRACTICE
Smith, Carroad, Levy & Finkel, LLP
5036 Jericho Turnpike
Commack, New York 11725
DATE OF BIRTH
July 1, 1943
San Antonio,Texas
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
University of Texas,Austin, BBA (1965)
University of Texas Law School (1967)
Admitted Texas Bar (1967)
5th Circuit and 11th Circuit
U.S. District Court for Western
District of Texas, and Southern
District of Texas (1969)
U.S. Supreme Court (1971)
MEMBERSHIPS
AND ACTIVITIES
Past President of Congregation
Agudas Achim local chapters of
B’nai B’rith, Zionist Org. of America
Bailli (local President) of LaConfrerie
de la Chaine des Rotisseurs
Vice President of San Antonio
New World Wine & Food Festival
(2000 – present)
Life Fellow in San Antonio and Texas
Bar Foundations
Fellow member of The College
of the State Bar of Texas
U.S. Supreme Court (1971)
LAW PRACTICE
Behar, Gutt & Glazer, P.A.
2999 N. E. 191st Street, 5th Floor
Aventura, Florida 33180

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Young Members’
Section Nominating
Committee Report
LEAGUE ACTIVITIES
Member of the CLLA and Southern
Region since 1971
Attorney Member Board of
Governors (filled out expired
term 2004-05)
Southern Region:
Member of Executive Council,
Secretary,Vice Chair, Chair
(1999 – 2000)
Arrangements Chair,
Annual Meetings (1998– 2004)
Creditors’ Rights:
Certified as Specialist (1997)
Member of Creditors’ Rights Section
since inception
Creditors’ Rights Section
Executive Council member
(1998 – 2001)
CRS Promotion and
Development Committee
Membership Committee:
Vice Chair
Member of National Nominating
Council (1992, 1997 and 2004
Member of following
national committees:
Office Management & Economics,
Computerization/ Standardization;
Professional Responsibility;
Convention Site Selection (2000 –
2004), Districts Council (2000 –
2001), Convention Site Advisory
(Chair), Membership, Co-Chair of
Arrangements for 2004
National Convention
LAW PRACTICE
Joel H. Klein & Associates
6800 Park Ten Blvd, # 264-South
San Antonio,Texas 78213-4204
ROBERT P. INGOLD
Agency Member
DATE OF BIRTH
June 1, 1947
Rochester, New York
EDUCATIONAL
AND PROFESSIONAL
CREDENTIALS
University of Delaware
MEMBERSHIPS
AND ACTIVITIES
National Association of Credit
Managers (NACM)
International Association of
Commercial Collectors (IACC)
Buffalo Business Partners
(CCAA), past chair
LEAGUE ACTIVITIES
Eastern District Council
Commercial Collection Agency
Association (CCAA), past chair.
AGENCY
Commercial Collection Company
of New York, Inc.
34 Seymour St.
Tonawanda, New York 14150
The following is the slate of candidates for office
in the Young Members’ Section for 2005-2006.
OFFICERS:
Emory Potter, Chair (Atlanta, Ga.)
T. Britt Rudman, Chair-elect (Beverly Hills, Calif.)
Barry Gammons, Treasurer (Nashville, Tenn.)
Christopher Conner of Knoxville, Tenn.; Jordan M.
Humphreys of Columbia, Mo.; David Mendelson of
Memphis, Tenn.; and Julie Rausch of Milwaukee, Wis.
are candidates for the position of Secretary.
EXECUTIVE COUNCIL
(3 SEATS AVAILABLE; TWO – YEAR TERMS)
Jonathan H. Allen, Springfield, Massachusetts
Adam K. Berman, Overland Park, Kansas
John D. Guerrini, Los Angeles, California
James Kozelek, Grove City, Ohio
Matthew J. Richburg, Milwaukee, Wisconsin
Current Chair of the Young Members’ Section, Ivan Reich
of Ft. Lauderdale, Florida, will succeed to the office of YMS
Immediate Past Chair and Representative to the CLLA Board
of Governors at the CLLA National Convention in July.
Elections will be held on Friday July 15, 2005 beginning
at 7 a.m. at the Four Seasons Hotel in Toronto, Canada in
conjunction with the 111th Annual Convention of the CLLA.

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CONVENTION
111TH ANNUAL CONVENTION
PROPOSED RULES OF ORDER
Proposed
Rules of
Order
for 111th
Annual CLLA
Convention
Following are the proposed
Rules of Order for the
111th Annual Convention
to be held in
Toronto, Canada
this summer.
These will be formally
presented by the
Rules of Order Committee
for adoption to the members
present at the
CLLA Annual General
Membership Meeting
(Business Session) on
Thursday, July 14, 2005
at 10:00 a.m.
If anyone wishes to comment
on the proposed rules,
please fax your comments
directly to the
League office
(312-781-2010).
1. The order of business of the Convention shall
be as printed in the Convention Program.
2. The proceedings of the Convention shall be
conducted according to Robert's Rules
of Order, Newly Revised, except as provided
for herein or in the Constitution
of the League.
3. The Rules as submitted by the Committee
on Rules of Order shall be adopted upon a
majority vote of those present and voting.
The Rules may be suspended or amended by a
two-thirds vote of the Convention or upon
recommendation by the Committee on Rules
of Order by a majority vote of the
Convention. A further or amended report of
the Committee on Rules of Order of Business
shall be in order at any time.
4. At all sessions of the Convention, the
American and Canadian flag shall be
prominently displayed. One verse of
"America the Beautiful" and one verse
of “Oh Canada” shall be sung at the opening
of the convention. One verse of “The Star
Spangled Banner” and “Oh Canada” shall be
sung before the final adjournment.
5. The Committee on Resolutions shall consist
of not more than fifteen (15) members equally
divided between former Presidents of the
League or current members of the Board of
Governors, and members of the League, plus
the Chairperson.
6. Elections at the Convention shall follow the
procedure as set forth in the Constitution,
subject to the following:
a. The Report of the 2004-2005 Nominating
Council shall be published in the
Convention Program
b. In the case of a contested election, there
shall be a Nominating event at which candidates
for the contested election shall be
required to present their views on issues of
importance to the League. Prior to the
Nominating event, the Candidates for any
office for which there is more than one
Nominee or their designees shall arrange,
through the Chairperson of the Elections
Committee, to draw lots as to the order in
which the candidates would participate in
the Nominating event.
c. No Candidate shall be allowed to speak for
himself or herself in withdrawing his or
her candidacy.
d. Only the names of Candidates for offices
for which there is more than one Nominee
shall appear on the ballot.
e. In the case where there are no contested
elections, the President and Convention
Manager may determine the best time,
place and manner to present information
about the candidates to the convention.
7. The Districts may select members to the
Nominating Council pursuant to Article
XVIII of the Constitution and Section 1(C)
thereof. If not so selected, the members of
the several District Associations shall meet on
Saturday, July 16, 2005 for the purpose of
electing two delegates and two alternates to
the Nominating Council for the 2005-2006
election of officers.
8. Debate and voting at the convention on
constitutional amendments shall follow the
procedure as set forth in the Constitution,
subject to the following:
a. The presiding officer shall determine
the order in which Constitutional
amendments will be placed before
the Convention.
b. No individual will be allowed to speak
for more than two (2) minutes on any
Constitutional amendment. Total time
for debate on all amendments will be
limited to 30 minutes.
c. Proposed Constitutional amendments as
published in the official publication
of the League may not be amended from
the floor. However, such a proposed
Constitutional amendment may be
withdrawn upon a motion, second and
two-thirds vote of those members present.
The vote to withdraw an amendment need
not be by written ballot.
d. Upon a motion made and seconded, the
members present at the business session
at which proposed Constitutional
amendments are to be voted on, may
upon unanimous consent, waive the
requirement that the vote on Constitutional
amendments be in writing.

111th National Convention
July 13-17, 2005
T O R O N T O
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CLLA
L E A D I N G T H E W A Y
photo credits:Tourism Toronto
The 111th Annual Convention has an exciting day of practical
and timely education planned. It will be held on Friday, July 15, 2005
and will include the following topics and speakers:
★ 8 a.m. - 9 a.m.
★ 9:15 a.m. - 10:15 a.m.
★ 10:30 a.m. - 11:30 a.m.
★ 1:00 p.m. - 2:30 p.m.
★ 2:30 p.m. - 3:30 p.m.
David Franklin, of Franklin & Franklin in Montreal, Quebec, will present
“Enforcing U.S. Judgments in Canada.”
“Obtaining Evidence in Canada for Use in American Proceedings” will be presented
by Chris MacLeod of Ross & McBride Law Firm in Hamilton, Ontario.
Jon David Giacomelli of Ross & McBride Law Firm in Hamilton, Ontario will
discuss “Cross-Border Dispute Resolution: Litigation/Arbitration/Mediation.”
“The Effects of the Bankruptcy Reform on Your Practice: A View from the Practitioner
and the Trustee” will be presented by Wanda Borges of Borges & Associates, LLC
in Syosset, N.Y. and Gary Weiner of the Weiner Law Firm, P.C. in Springfield, Mass.
Jack Seward, Jack Seward & Associates, LLC, consultant and digital forensic
technologies, will present “Avoid E-Illiteracy in Bankruptcy, Insolvency and
Enforcement of Judgments.”

cÜxä|xã
111 TH ANNUAL
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CONVENTION
Commercial Law League of America
LEADING THE WAY
ECCH
[tÄy @VxÇàâÜç `xÅuxÜá
Members of the Commercial Law League of America ® who
joined the League between July 2, 1954 and July 1, 1955
receive this half-century membership recognition.
David A.Witts
Eugene B. Berman
Alan R. Freedman
Alexander Ogle
Roger Mattes
G.T. Hubbard
Jack S. Francis
Dallas,TX
Springfield, MA
Albany, NY
Somerset, PA
Scranton, PA
Kingland,TX
New Martinsville ,WV
dâtÜàxÜ@VxÇàâÜç `xÅuxÜá
Members of the Commercial Law League of America ® who
joined the League between July 2, 1979 and July 1, 1980
receive this quarter-century membership recognition.
James R.Apple
Pittsburgh, PA
Bradford S. Baker
Sperry, OK
Mark R. Bogen
Lebanon, OH
James C. Bray
Jacksonville, FL
Michael W. Carmel
Phoenix,AZ
David S. Chartier
Milwaukee,WI
Allan S. Cochin
Carle Place, NY
Sanford J. Cohan
Columbus, OH
Neal David Colton
Wilmington, DE
Joe Allen Connolly
Asheville, NC
Carl Cresci
New York, NY
David G. Crockett
Atlanta, GA
F. Jefferson Crump Columbus, IN
Barry Alan Curtis
Northbrook, IL
Gaylon A. Davis
Kansas City, MO
Ira R. Deiches
Haddonfield, NJ
Jeffrey S. Doerr
Clifton Park, NY
Daniel L. Freeland
Highland, IN
Barry A. Friedman
Mobile,AL
Charles M. Friedman Louisville, KY
Eugene Allan Friedman Baltimore, MD
CLLA recognizes new quarter
and half century members
The Commercial Law League of America ® would like to congratulate the
following members for reaching either a quarter-century or half-century
point of League Membership. These members will be formally recognized
during the National Convention being held at the Four Seasons Hotel in
Toronto, Canada, July 13-16, 2005. Each of the individuals below will be
listed in the convention booklet distributed at the national convention and
those present will be awarded their certificate during the convention. The
certificate of those not present will be sent directly to them.
Congratulations!
Donald L. Gaffney
Phoenix,AZ
Brian A. Goldman
Baltimore, MD
Steven Goldstein
St. Louis, MO
Paul Gordon
Woburn, MA
Deborah L. Gray
Portage, MI
Thomas J. Hagner
Cherry Hill, NJ
Marvin Brooks Houghton Chico, CA
Arthur James Inman Peoria, IL
Charles M. Ivey
Greensboro, NC
Thomas L. Kanasky Bridgeport, CT
Andrew D. Lyons
Lewisburg, PA
Dennis S. Malen
Westbury, NY
Jerry M. Markowitz
Miami, FL
Ted M. McManamon Cleveland, OH
A. Howard Metro Rockville, MD
John Wayne Miller
Longmont, CO
Kenneth J. Molnar
Galena, OH
Timothy D. Moratzka Minneapolis, MN
Richard P. Olson
Minot, ND
Charles N. Parnell
Montgomery,AL
Ronald R. Peterson
Chicago, IL
John James Petr
Indianapolis, IN
Joel C. Richmond
Baltimore, MD
Sherwin P. Robin
Savannah, GA
Robert P. Rothman
Syracuse, NY
Robert B. Rottman
Denver, CO
Arnold Schafer
Bloomfield Hills, MI
Michael Schlussel
New York, NY
David Chip Schwartz Birmingham,AL
Harvey Sender
Denver, CO
Joel Sanford Shapiro Dayton, OH
David Matthews Shaw Evansville, IN
Gilbert M. Singer
Tampa, FL
Ben G. Sissman
Memphis, TN
Christopher J. Small Winston-Salem, NC
Allen W. Stokes
Denver, CO
Arthur P. Strickland Roanoke, VA
W.Wayne Tiffany
Virginia Beach,VA
William J.Vallecorse Tampa, FL
John R.Warner
Boston, MA
Alan H.Weinberg
Cleveland, OH
Andrew J.White
Greenville, SC
Jack Williams
Atlanta, GA

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CLLA’s National Convention…
Your Passport to Fun, Food and Festivities!
The 111th National Convention of the Commercial Law League of America ® is going north of the Border, to the
cosmopolitan city of Toronto, Canada. If you have been to past Conventions, we look forward to seeing you again.
If you have never participated in the National Convention of the League, this is a great opportunity that should not
be missed.
T O R O N T O
Here is our Top Ten List as to why you
should join us in Toronto, July 13-17, 2005:
photo credits:Tourism Toronto
CLLA
L E A D I N G T H E W A Y
111th National Convention
July 13-17, 2005
10 Toronto is an easy destination to reach from any major US city
and it is less than a ten-hour drive for 60 percent of the U.S. population.
9 CLLA is staying at a fabulous Four Seasons Hotel located in the
heart of the chic Yorkville district where shopping and cultural entertainment
abound in this lively, safe and clean city. Guest rooms at the Four
Seasons are elegant, comfortable and affordable.
8 The U.S. Dollar is worth more! (And, crossing the border is
easy; all you need is your passport and a current valid driver’s license or
your birth certificate.)
7 YMS is going all out with their traditional YMS games open
to all ages, their 5K Fun Run and a special family night dinner at Gretzky’s
Restaurant.
6 Six hours of education for CLE credits will be available!
5 Golf is offered on Wednesday, July 13, 2005!
4 Enjoy a lavish meal at the Nominating Dinner on Thursday night
(July 14, 2005) while listening to the candidates debate.
3 Make your voice heard by casting your vote in the CLLA
elections on Friday morning.
2 A special reception to honor Tom and Nancy Hamilton for their
combined total of over 50 years of volunteer service to League
Committees is being held on Saturday, July 16th from 5:30 p.m. – 7:30 p.m.
1 And the #1 Reason to Join CLLA in Toronto for the 111th
National Convention is … so you can spend quality time with your family
in this unique city while also networking with your colleagues in the League
(in other words, it’s a business expense for you with all the fringe benefits)!

league business
ABC REPORT
New Bankruptcy Law Recognizes Board Certification
According to the American Board of Certification, the
Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005 (Pub. Law 109-8) adds an important new tool that
will help Bankruptcy Courts ensure that attorneys paid by
bankruptcy estates have the skill and expertise required for
modern bankruptcy practice. The law now expressly authorizes
Bankruptcy Judges to base their fee awards on whether the
lawyer has met the high objective standards needed to become
board certified, such as those established by the American
Board of Certification (ABC).
Specifically, the new legislation amends the Bankruptcy
Code's compensation guidelines to add a new compensation
factor. New section 330(a)(3)(E) directs the judges to consider
"whether the person is board certified or otherwise has
demonstrated skill and expertise in the bankruptcy field."
ABC administers the only national business and consumer
bankruptcy programs. ABC is dedicated to enhancing the
insolvency and creditors’ rights bar by setting high, objective
standards that attorneys attain through continuing legal education,
substantial involvement in the practice area, successful
completion of an examination, positive peer reviews, and
more. Board certification helps clients and consumers of legal
services identify attorneys who are specialists in the bankruptcy
and creditors’ rights fields and it provides a mechanism for
attorneys to inform consumers of their specialty.
ABC is jointly sponsored by the American Bankruptcy
Institute (ABI) and the Commercial Law League of America
(CLLA). The ABC programs are accredited by the American
Bar Association. For more information on ABC and its specialist
certification programs, please visit our website at
www.abcworld.org or call (703) 739-1023. The ABC website
contains sample exams and review information. The ABC
exam covers the current law and will not reflect the 2005
amendments until they become effective. ■
Debt 3 May/June 2005
46
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league business
SUMMARY OF ACTIONS
Taken by Board of Governors
San Francisco, California
February 17, 2005
• Voted to require yearly financial reports from all CLLA regions and sections in order to ensure proper
management of costs
• Organize a meeting of Past Presidents to be held at the CLLA Chicago conference to discuss proposals
and recommendations regarding the Commercial Law League Institute.
• Agreed to negotiate a contract with Grove Park Inn in North Carolina for the 2006 Convention site.
• Announced plan to host a meeting of Joint Association Summit (CLLA, NARCA, ACA, IACC,
Debt Buyers) at the CLLA Chicago conference.
www.clla.org
HESSE & LARSEY
A multi-disciplined full-service Law Firm
with an established reputation as the leading
Commercial Collection practice in Ghana
providing service in all aspects of Commercial
Legal Practice and Litigation Services with
experienced professionals available to react
at short notice, and a strong network of
correspondents and contacts worldwide.
Key areas of legal practice
• Commercial Agreements
• International Trade
• Acquisitions
• Transport & Insurance
• Creditors Rights
• Subrogation
• Complex Contract Litigation
• Investment Advice
• General Debt Collection
CONTACT
David A. Hesse, Esq.
Partner
P.O. Box OS 514, Osu-Accra,
GHANA
Tel: +233 21 760768/ +233
21 778215
Fax: +233 21 761197
E-mail: hesse@ghana.com
http: www.info.martindale.com/hesse&larsey
NB: Claims are accepted pursuant to the operative guide of the Commercial Law League of America ® .
Debt 3 May/June 2005
47

league business
Creditors’ Rights
Jeff E. Rubin, Chair of the Creditors’ Rights Section, has
announced that the Section’s elections will be held at the
Annual New York Meeting of the CLLA in November 2005.
The Chair of the Nominating Committee is the Section’s
Immediate Past Chair, Christine Hayes Hickey of
Indianapolis, Ind.
There are four positions on the Executive Council whose
terms will expire in November 2005. An additional four
officer positions (Chair, Chair-elect, Treasurer and Secretary)
will be elected at the meeting in November.
Please notify Christine Hayes Hickey in writing by July 7,
2005, of your interest in becoming a candidate for a seat
on the Executive Council or an officer position. Please send
your letter of interest to the Nominating Committee Chair:
Christine Hayes Hickey, Esq.
Rubin & Levin, P.C.
500 Marott Center, 342 Massachusetts Avenue
Indianapolis, Indiana 46204-2161
Tel: (317) 860-2905
ch@rubin-levin.net
Many Join, but few are chosen
The President’s Cup Selection Committee is open to candidate recommendations from all
CLLA members. Please review the standards below, and if you have an individual you consider
a candidate for the President’s Cup Committee, please forward their name:
Summary of the standards for the President’s Cup:
• Rendered outstanding service for the League
and its membership
• Elevated the image of the commercial lawyer
or lay members of the League
• Helped improve the practice of commercial law
or of the business activities of the lay members
of the League
• Conducted his/her personal, business, and professional
life in a way that gained respect from of his/her community
TO
Mr. Thomas W. Hamilton,The American Lawyers Quarterly
853 Westpoint Parkway, Suite 710
Cleveland, OH 44145-1532
Phone: 800.843.4000; Fax: 440.871.9997
E-mail: tom@alqlist.com
FROM:
RE:
CLLA PRESIDENTS CUP RECIPIENT RECOMMENDATION
Debt 3 May/June 2005
48
Summary of Qualifications and reason for this recommendation:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
MEMBER NAME
CITY
STATE
Commercial Law League of America
LEADING THE WAY

league business
Editor’s Note: The following speech was delivered by President Mary K.Whitmer on April 9, 2005 during
the 75th Chicago Conference.
thing I heard him say was, “This hotel has turn down service.
The maid came in and turned me down.” Voila, we’re
good for at least another couple months. Let’s try to keep
our senses of humor about us.
I ask that when you
are on the short end,
in communication issues,
or on any other kind
of issue that you be
forgiving, and stay
thoughtful, and that you
seek out whoever can
help you set the matter
straight, and have
a discussion.
Let’s stay positive,
and optimistic, and
let’s have fun tonight
and always.
Welcome everybody, to the Diamond Jubilee of
the Midwest Convention. I want to thank
Lenny Abrams and Randy Slovin for a terrific
convention. They worked their hearts out on it; and we
owe them a round of applause.
Bob and Sunny Caine have left the convention because
Sunny’s mother is ill. I would ask that you keep Bob and
Sunny in your thoughts and prayers.
The Midwest Region gives the President a few minutes to
talk about something relevant. Presidents have taken
different approaches to filling this time. Some of them
have taken out a big pile of index cards and launched into
it; some of them did the royal wave; one played the saxophone,
cracked a joke and sat down. I’m going to use the
time to run a few ideas by you.
First of all, I want to talk a little about one of the things that
I have observed over the past year and that is that there has
been an outbreak of optimism in the League. I think that
optimism is a very powerful force, and I want to encourage
each of our members to find a person or two who are infected
with the disease and get close enough to them to catch it
yourself. If you already have caught this bug, get out there
and spread it around. When we are optimistic, we see
possibilities, and when we innovate and change with the
times, we attract membership and more ideas, possibilities
and optimism. This is a virtuous cycle and I want to see it
spiral us higher.
Actually, optimism has a tendency to lead to a sense of well
being, which then leads to happiness and the next thing
you know, you’re developing a sense of humor. If we find
our senses of humor, there will be no stopping us. Building
consensus, seeing issues as strategic, not personal, being
gentle with one another in discourse and in deed, all are
direct results that come from a good laugh. I was standing
in the elevator, and my beautiful husband of 30 years was
outside the elevator as the doors were closing. The last
This brings me to my final topic this evening: communication.
It has been said that sometimes we don’t do the best
job of communicating. So the League office has studied the
problem and this is what we have found. We have discovered
that there are two kinds of information in the League.
The first kind is the type that is informative, that we need
to do our committee jobs, and that we try to have to you a
couple of days or weeks before your event, to review or read
so that you can plan your meetings and your agendas. And
this is the type of information that we are having trouble
communicating.
The other type of information pertains to the Super Secret
Plan to Destroy the League. The SSPDL has all kinds of
parts to it, such as when we talk about putting in a new
education plan, or reviewing the schedule of meetings. The
details of the SSPDL seem to get to everyone instantaneously.
In fact, if AOL or cable wants to increase the speed of
their high-speed Internet services, they should study the relay
times of information about the new education initiative. I’m
joking, of course, about the SSPDL, but my point is that
your leaders are trying to make a better, more responsive,
more member-driven and more member-service-driven
League. We are trying to make it BETTER.
And when you happen to come into information that is
conveyed to you that someone is planning something that
you think is potentially harmful to the League, I ask that
you give the leadership the benefit of the doubt. I ask that
you be just a little skeptical, that you keep your sense of
humor about you, and that you stay constructive. We have
the most open organization in the world. Almost every
meeting, including the Board of Governors’ meetings, is
open. There is a town meeting before the Board of
Governors’ meetings, which is a time set aside for members
to speak their minds on any issue. Subject to the President’s
prerogative, discussion is taken during the Board of
Governor’s meetings from the floor. There are no super
secrets in the League, there are no secrets of any kind.
So, I ask for your support and help in making the League a
better place. I ask that when you are on the short end, in
communication issues, or on any other kind of issue that you
be forgiving, and stay thoughtful, and that you seek out
whoever can help you set the matter straight, and have a
discussion. Let’s stay positive, and optimistic, and let’s have
fun tonight and always. ■
Debt 3 May/June 2005
49

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Coming in 2005
CLLA MERCHANDISE
ONLINE
www.clla.org
Commercial Law League of America
LEADING THE WAY

CLLA MERCHANDISE
ORDER FORM
The Commercial Law League of America ® Merchandise Fax-Back Order Form
To place an order, please fill out the form below and fax your order with your credit card information to 1-800-210-1496
or mail this form to The Commercial Law League of America ® at 70 E. Lake Street, Suite 630, Chicago, IL 60601.
For questions about your order, please call your CLLA Apparel Representative at 1-866-514-4438.
Orders require a 3-week lead time for completion. All products are subject to cancellation or back-order from the manufacturer.
All discontinued items or back-orders will be communicated after placement of orders.
RETURN POLICY: All items may be returned for a full refund if the product has a manufacturer’s defect.
Apparel items cannot be returned for exchange of sizes.
Name ________________________________________________________________________________________________________________________________
Address ______________________________________________________________________________________________________________________________
Phone __________________________________________________________________
Fax ________________________________________________________
Please charge my: ❑ MasterCard ❑ VISA ❑ AmericanExpress
Acct. #__________________________________________________________________________________________________
Exp. Date____________________
Cardholder Signature ___________________________________________________________________________________________________________________
*Shipping & Handling:
Within the Continental United States, please add $7.95 for the first item
and add $1.85 for each additional item.
Outside of the Continental United States, please add $19.85 for the first item
and add $1.85 for each additional item.
Merchandise Total
9% Tax (IL Residents Only)
Shipping*
Total
Commercial Law League of America
LEADING THE WAY
70 E. Lake Street, Suite 630 • Chicago, IL 60601 • 312.781.2000 • www.clla.org

member news
Newly Admitted Members
The following individuals appeared as applicants in the League’s electronic publication in March and April, 2005. They became members on May
and June 1, 2005 respectively.
Members before whose names as asterisk (*) appears are lay members under Article 2; Section 1, of the League’s Constitution. Individuals before whose
names a bullet (•) appears are lawyers devoting the major portion of their time to lay business organization listed after the new member’s name.
The name of the League member, if any, referring the new member to membership is listed after the new member’s contact information.
Debt 3 May/June 2005
52
UNITED STATES
ALABAMA
Birmingham
Angie Ingram
Ingram & Associates, LLC
2013 Second Ave. N.
Birmingham AL 35203
Sponsor:Thomas W. Hamilton
Cleveland OH
CALIFORNIA
Canoga Park
*Mr.Thomas C.Williams III
Commercial Capital
Recovery Inc.
6911 Topanga Canyon Blvd. #206
Canoga Park CA 91303
Irvine
Mr. Robert W. Norman Jr.
Houser & Allison,APC
5420 Trabuco Road, Suite 100
Irvine CA 92620
Manhattan Beach
*John P. Schooner
Kinecta Federal Credit Union
1440 Rosecrans Ave.
Manhattan Beach CA 90266
San Francisco
Adam A. Lewis
Morrison & Foerster LLP
425 Market Street
San Francisco CA 94105
DELAWARE
Newark
Mr. Adam R. Elgart
Mattleman Weinroth & Miller
200 Continental Dr., Suite 215
Newark DE 19713
FLORIDA
Coral Springs
Bruce H. Schiller
Yates & Schiller, P.A.
5944 Coral Ridge Drive, #208
Coral Springs FL 33076
Sponsor: Julie E.Yates
Coral Springs FL
Sarasota
Mr. David L. King
Vengroff,Williams &
Associates, Inc.
PO Box 4155
Sarasota FL 34230-4155
GEORGIA
Atlanta
Mr. Robert McDonald
Montlick & Associates, P.C.
17 Executive Park Drive
Suite 310
Atlanta GA 30329
IOWA
Bossier City
Mr. Donald L.Wilson
Landowners Abstract
& Title Corp.
707 Benton Rd., Suite 125
Bossier City IA 71111
ILLINOIS
Chicago
Mr. Richard G. Fonfrias
Debt Terminators
53 West Jackson
Chicago IL 60606
Mr. Peter J. Labate
Holland & Knight, LLP
131 S. Dearborn, 30th Floor
Chicago IL 60603
*Mr. John Moose
American Express Tax and
Business Services, Inc
One South Wacker Drive
Suite 800
Chicago IL 60606-3392
MAINE
Portland
Mr. Edward L.
Zelmanow Esq.
Greenberg & Greenberg
97A Exchange St., Suite 404
Portland ME 04101
MARYLAND
Laurel
*Mr. Christopher J. Barber
Rental and Leasing Services
105 Main Street
Laurel MD 20707
MASSACHUSETTS
Falmouth
Mr. Louis David Ferrari
Law Firm of Thomas Kalperis
International, Inc.
17 Academy Lane, Suite One
Falmouth MA 02540
MICHIGAN
Grand Rapids
Mr. John A. Potter
Twohey, Maggini, Muldoon,
Mudie & Sullivan
161 Ottawa Ave., NW
Suite 212
Grand Rapids MI 49503
Traverse City
Mr. Jason Eckerly
Dingeman, Dancer &
Christopherson
100 Park St.
Traverse City MI 49684
NEW JERSEY
Cherry Hill
Mr. Lloyd Markind
Law Offices of Andrew Sklar P.C.
411 Route 70 East, Suite 200
Cherry Hill NJ 08034
Mr. David Paul Aaronson
Mattleman Weinroth & Miller
401 Route 70 East
Cherry Hill NJ 08034
NEW MEXICO
Albuquerque
Mr. Charles W. Sullivan
Charles W. Sullivan,Attorney
P.O. Box 3573
Albuquerque NM 87190
CORRECTION
The name of Willard Shelley
of W.E. Shelley & Associates
was incorrectly listed in the list
of new members published in
the March/April 2005 issue of
Debt 3 . The correct listing is
as follows. The editor
apologizes for the error.
DELAWARE
Wilmington
*Mr.Willard Shelley
W.E. Shelley & Associates
304 Hillcrest Ave.
Wilmington DE 19809

member news
NEW YORK
Brooklyn
Mr. Evan C. Hammerman
Hammerman Legal Consultants
420 Sixth Avenue, Suite 12
Brooklyn NY 11215
Fayetteville
*Rickey M. Rutherford
Bankers Healthcare Group, Inc.
113 Chapel St.
Fayetteville NY 13066
Garden City
Cheryl Charles-Duval
Law Offices of Cheryl
Charles-Duval
734 Franklin Ave. #573
Garden City NY 11550
New York
Mr. Steven Kaiser
The Catafago Law Firm, P.C.
The Empire State Building
350 Fifth Avenue
New York NY 10118
Lawyer- Solo or with Firm
OHIO
Dublin
*Mr. Albert Cameron
Recovery One LLC
6479 Reflections Drive
Suite 200
Dublin OH 43017
Toledo
Mr. H. Buswell Roberts
Shumaker, Loop & Kendrick, L.L.P.
1000 Jackson
Toledo OH 43624
PENNSYLVANIA
Bensalem
*Susan E. Richards
NCB Managemnet Services, Inc.
3325 Street Road 4
Greenwood Square, Suite 220
Bensalem PA 19020
Is This The Way to Collect
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collections@bluestonelaw.com • www.bluestonelaw.com
TENNESSEE
Dickson
*Terry Clark
Credit Bureau of North America
P.O. Box 550
Dickson TN 37055-0550
Nashville
*Mr. Dave Fill
Frost-Arnett Company
480 James Robertson Parkway
Nashville TN 37219
Sponsor: George E. Buck
Nashville TN
TEXAS
Dallas
*Mr. Kenneth J. Collins
Allied Interstate, Inc.
12655 N. Central Expressway
Suite 925
Dallas TX 75243
Houston
Mr. Deirdre Carey Brown
Waldron & Schneider, LLP
15150 Middlebrook Drive
Houston TX 77058
Brian R. Gaudet
Coats, Rose,Yale, Ryman
& Lee, P.C.
17225 El Camino Real
Suite 240
Houston TX 77058
*Mr. Patrick Hogue
LTD Financial Services, LP
Commercial Division
7322 Southwest Freeway
Suite 1600
Houston TX 77074
WASHINGTON
Vancouver
*Chris Abrams
Richard James & Associates
3303 NE 44th Street
Suite B
Vancouver WA 98663
INTERNATIONAL
ENGLAND
London
*Mr. Mark Olson
Moreton Smith International
80 Clerkenwell Road
London UK EC1M 5RJ
GERMANY
Berlin
Mr. Andreas Langner
Langner Law Offices
Bellevuestr. 1
10785 Berlin
Germany
Sponsor: Bernard D'Orazio
New York NY
GUATEMALA
Mr. Cristian Novales-
Schlesinger
Abogados y Notarios
Novales
Avenida La Reforma 10-00
Zona 9
Condominio Reforma
Despacho 5B
Guatemala
Centro America
*Mr. Javier
Novales-Schlesinger
Corpocredit
Avenida Reforma 10-00
Zona 9 29 Ave. 3-31 Zona 15
Guatemala
Central America
LAW STUDENTS
ILLINOIS
Chicago
Kenneth DucDuong
The John Marshall Law School
315 South Plymouth Court
Chicago IL 60601
WASHINGTON
Vancouver
Mr. Richard Hopp
Gregory A. Nielson P.S.
P.O. Box 873292
Vancouver WA 98687
Debt 3 May/June 2005
53

Debt 3 May/June 2005
54
member news
Among Our Members…
Weltman, Weinberg & Reis, L.P.A. announces the introduction
of their Corporate & Financial Services practice
group. The Group, headed by Robert Rutkowski, will
include the following areas of expertise: regulatory
compliance, contract negotiation, employment law, secured
transactions, real estate transactions and banking law.
The service will be handled firm wide throughout
Illinois, Indiana, Kentucky, Michigan, New Jersey, Ohio
and Pennsylvania. Mr. Rutkowski can be reached at
216-739-5004 or by email at rrutkowski@weltman.com.
Attorney Robert Kaplan has joined the Kohn Law Firm.
Mr. Kaplan is the former deputy counsel for the
Wisconsin Gas Company, concentrating his practice in debt
recovery for the utility company. He will be handling supplementary
exams and garnishment hearings, as well
as serving as the supervising attorney for the firm’s paralegal
department. The Kohn Law Firm is located at 312 East
Wisconsin Avenue, Suite 501, Milwaukee, Wis. 53202. The
firm’s phone number and fax are 414-276-0435 and
414-271-6046. The Firm’s Web site is www.kohnlaw.com.
Jonathan Mason of the Ohio and Kentucky based law firm
of Mason, Schilling & Mason, Co., L.P.A. has been named
an Ohio Super Lawyer for 2005, a designation to the top 5%
of Ohio lawyers. Mr. Mason focuses his practice in the areas
of banking and financial law, bankruptcy and workouts, and
creditor’s rights. Mr. Mason has been a member of the
CLLA for over 30 years. Mr. Mason practices in the Firm’s
Cincinnati office located at 11340 Montgomery Rd., Suite
210 Cincinnati, Ohio 45249. Telephone: (513) 489-0829;
Facsimile: 513-489-0834; Web site: www.mason-law.com.
The Gurstel Law Firm, P.A. announces that Heidi
L. Staloch has become a shareholder of the firm.
Along with becoming a shareholder, Ms. Staloch
will assume the role as the firm’s chief operating
officer. The firm also announces that Svetlana
Denekamp and Michael Etmund have joined the
firm as associates. The firm now has seven lawyers
practicing exclusively in the area of creditor’s rights
throughout the entire State of Minnesota. Todd L.
Gurstel will become the firm’s chief executive
officer. The Gurstel Law Firm, P.A. is located at
401 North Third Street, Suite 590, Minneapolis,
Minn. 55401. Telephone: (612) 843-1081;
Facsimile: (612) 664-8222; www.gurstel.com.
Smith Debnam Narron Wyche Saintsing
& Myers, L.L.P. announces that Heather N.
Johnson joins the firm’s Charlotte office. She will
concentrate her practice in commercial litigation,
commercial real estate and creditor’s rights. The
Firm’s Charlotte office is located at The Rotunda
Building, 4201 Congress Street, Suite 460
Charlotte, N. C. 28209. Telephone: (704) 643-
3220; Facsimile: (704) 643- 3898; Web site:
www.smithdebnam.com.
Jaffe Raitt Heuer & Weiss, P.C. announces the
following new members: Michael S. Khoury of the
Technology Practice Group; Michael F. Jacobson of
the “Commercial Litigation Practice Group and
Emily A. Minns of the Real Estate Practice Group.
The Firm further announces the addition of the
following associates: Marko J. Belej (Tax Group),
Mark G. Cooper (Litigation Practice Group),
Michael Di Laura and Julie Skidmore (Insolvency
& Reorganization Group), Jeremy Gordon (Real
Estate and Tax Groups).
Tatum S. Hilmoe, Attorney at Law, has relocated his office
to 3443 Camino Del Rio South, Suite 207, San Diego, Calif.
92108. The telephone and facsimile numbers are (619) 284-
9022 and (619) 284-9023 respectively. The Firm’s Web site
is www.hilmoelaw.com.
Nicholas A. Franke and Milton C. Spaulding have been
elected partners of Spencer Fane Britt & Browne LLP, a
law firm with offices in St. Louis; Kansas City, Mo.;
Overland Park, Kan.; and Omaha, Neb.
Anthony F. Picheca, Jr., of Anthony F. Picheca, Jr. P.C., in
Far Hills, New Jersey, was an award recipient when the New
Jersey Commission on Professionalism in the Law presented
the 2004 Professional Lawyer of the Year Awards. The
Professional Lawyer of the Year Award is given annually to
those attorneys who have demonstrated an extraordinary
commitment to professionalism throughout their careers in
the law and to those lawyers who, by virtue of their conduct,
competence and demeanor, set a positive example for others
in the profession. Mr. Picheca has been a member of the
CLLA for over 25 years. Mr. Picheca can be reached at
908-234-0536 or via email at apicheca@msn.com.
DONATIONS
Robert S. Bernstein of the Bernstein Law Firm, Pittsburgh,
Penn. in memory of Barbara Thorne.
Tom and Nancy Hamilton of the American Lawyers
Quarterly, Cleveland, Ohio in memory of Barbara Thorne.
■
Take the
hassle
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litigation
by selecting a
full service
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Submissions for Member News
may be sent to the Commercial
Law League of America by mail,
fax or e-mail to:
Member News,
Commercial Law League
of America ®
70 E. Lake Street
Suite 630, Chicago, IL 60601
312-781-2000
fax: 312-781-2010
e-mail: clla@clla.org
The Commercial Law League ®
reserves the right to determine
whether to publish submissions
or photos and to edit
submissions without prior
notice to those submitting the
announcement.
Congratulations to
Robert W. Kohn
years of excellence
45 in servicing the
credit granting community.
1960 – 2005
Robert W. Kohn, Senior Partner
Robert E. Potrzebowski, Jr., Managing Partner
Matthew J. Richburg, Associate Attorney
Meghan P. MacKelly, Associate Attorney
David A. Ambrosh, Associate Attorney
Jason D. Hermersmann, Associate Attorney
Robert L. Kaplan, Associate Attorney
312 E. Wisconsin Avenue, Suite 501
Milwaukee WI 53202-4305
(414) 276-0435 or (800) 451-1791
Fax: (414) 271-6046
e-mail: KLF@kohnlaw.com
http://www.kohnlaw.com

MEMBER BENEFITS
member news
Manage Risk…Don’t Take One Unnecessarily
By Mark V. Matz, Chair CLLA Member Benefits Sub-Committee
Would you...
• Ride a bike without a helmet?
• Go white water rafting without a life vest?
• Jump out of a plane without a parachute?
• Risk losing many hours of your valuable working time to an
inadequate or non-existent backup system?
If the answer is no (and it should be), please read on about one of CLLA’s newest
member benefit programs: Green Backup.
How and where do you backup your computer data? How often do you create a
backup for your files; the important ones you can’t afford to lose and all the others
which would just be an annoyance if you couldn’t find them? Do you even
backup your data on a regular basis?
Nearly everyone these days uses computers to create and store important documents,
financial information, pictures, and a host of other information. Now that
we’re in the 21st Century, who can think of running their lives (or business practice)
without some form of computers? So much in our lives is dependent on these
technological marvels. Obviously, we all need to make sure that this substantial
dependence is well placed, easily retrievable and soundly secured.
We all know we should backup our computer hard drives on a regular basis so that
we are only at risk of losing a minimal amount of data. For many people and businesses,
that should require a daily back up of computer data. Certainly, the interval
between backups should be no more than weekly. If backups were easy to do,
it would be done more often. Backups traditionally require staff attention to
replace the storage media or ship the backup media to a remote location in case
of catastrophic loss.
The company working with the CLLA, Green Backup provides a solution for any
individual or business that has come to realize that their backup practices are not
what they should be. For those who want to stop worrying about data protection
and integrity, this is an easy and cost-effective solution.
For a nominal monthly charge, the RStorage System automatically backs up the
computer data files that have changed since the last backup. The actual storage
charge varies with the amount of data being stored, but the system takes care of
the entire process. This service is done consistently on a schedule you designate.
It will even turn off the computers when it is done backing them up for you. Truly
automated, with twice encrypted for extra confidentiality and always available for
retrieval and restoration, it doesn’t matter what happens to your computer equipment,
office space, or geographical location.
We all have many other priorities in life to keep our business running efficiently.
Why not take a moment to contact this company (which was selected to provide
CLLA Members a special offer) and put your mind at ease about this important
safeguard. Green Backup understands the special protection needed for clientattorney
relationships. Their RStorage System is fully compatible with major debt
collection software used by League members.
We’re always looking to review new and valuable benefit programs for
CLLA Members. If you have heard of some program that would be beneficial
to your peers, please let me, any member of the committee or
Cheryl Palombizio at the CLLA office know about it so we can do the
research. We look forward to hearing from you. ■
CLLA
members
encouraged to submit
articles for DEBT 3
Have an idea for an article?
Why not write for Debt 3 ?
Debt 3 wants to increase the number of articles
it publishes written by members of the CLLA.
There is a tremendous wealth of knowledge among
CLLA members that would be beneficial
to all if shared. Debt 3 regularly runs articles
on law office or collection agency management,
technology and marketing.
Articles on practical tips in practicing law
are welcome as well.
Feature articles and analysis of new
and significant cases are encouraged.
If you have an article idea or would like
to submit an article,
simply e-mail it to: clla@clla.org, fax it to 312-781-2010
or call the CLLA headquarters at 312-781-2000.
They can be reached by phone at 866.9-BACKUP (866.922.2587) or online at
www.greenbackup.com (be sure to enter coupon GBCLLA for your special rate
where you can save up to 50%). You can also try it risk-free for 30 days; so don’t
wait! Contact them today and forget worrying about losing important information
tomorrow.
Commercial Law League of America
LEADING THE WAY
Debt 3 May/June 2005
55

viewpoint
There’s Something About Mary…
David R. Watson is the
Executive Vice President
of the Commercial Law
League of America.
He can be reached
at 312-781-2000 and via e-mail
at dwatson@clla.org.
Debt 3 May/June 2005
56
“The true measure
of leadership is influence –
nothing more,
nothing less.”
—John G. Maxwell,
“Law of Influence
She entered the CLLA presidency the same way she
leaves it – with grace, style and vision. Mary
Whitmer is one of those people that just makes you
smile. She fills any room she is in with a positive energy.
Those of you who were present in Newport, Rhode Island
last July when our president, Mary Whitmer, adorned in
her elegant red gown, gave her inaugural speech know
exactly what I mean. If you had the pleasure of listening
to that speech (or any of the other subsequent speeches
given by Mary) you just knew we could expect something
special from the first woman president of the Commercial
Law League of America. And when she ended her speech
with “buckle up, baby,” we knew the “League” would never
be the same.
Well, Mary has not disappointed us. She has accomplished
things in her year as president that have been accomplished
by few before her. From her first day as president of this
organization, she has managed to paint a clear path of success
for the CLLA and she has moved us steadily towards
positive and necessary change. She has offered leadership
opportunities for those who would embrace them. She has
pioneered leadership training for those in leadership positions
within the CLLA who were willing to follow her –
spearheading leadership seminars and a thoughtful vision
of how a successful organization should function.
Mary has also offered a financial perspective for this organization
that has been long over due. Decisions like restructuring
the National Convention this year in Toronto so that
it would stand on its own financially have been difficult,
but necessary. Careful and sound evaluation of all League
contracts to ensure the League is being fiscally responsible
has been of critical importance to our president.
Mending valuable but neglected relationships with other
associations like NARCA, ACA, IACC and the Debt
Buyers has also been of value to Mary. Our president has
recognized for the CLLA to survive, we must do so in cooperation
with other organizations serving the commercial
law, credit and collection industries.
Under Mary’s leadership and through her vision, the
League has significantly improved our publications and
member benefits. Improving the Commercial Law Bulletin
and creating Debt 3 was one of Mary’s primary objectives. In
Debt 3 , Mary saw the face of the Commercial Law League.
She recognized that this publication was the League’s calling
card. Her vision was to have a publication that was
informative to our members and others in the industry, but
offered some fun, creative pieces as well. She saw that this
publication was a means by which the League could attract
and involve young members. She was right. The magazine
has received rave reviews from our membership. The external
marketplace has also responded. Authors from around
the country are asking to have their articles published in
Debt 3 .
Mary recognized that we must continue to provide value for
our membership dues. Our member benefit program with
industry service providers has expanded from literally nothing
to having real, tangible, bottom-line impacting member
benefit programs for members of the League. Lois Law (up
to 60% off research/public records materials), Green
Backup (discounted computer system back up and storage),
Com Haus (discount faxing service), Q-law collection
management software (significant savings for 5-10 person
licenses) and others are now available to members of the
CLLA. Mary has envisioned providing unparalleled value
for our membership.
Our website, under Mary’s leadership, is unrivaled in its
content and its ability to provide timely information to our
members and to the world. News agencies like CBS Evening
News are now contacting the CLLA because of the work
undertaken as part of Mary’s vision to ensure we are keeping
the League and our members at the fore of the information
super highway.
Our own “house” is in better order today than it was when
Mary took office. Thanks to her leadership, we have been
able to add competent staffing, provide improved service to
our membership and at the same time save money for the
organization.

Perhaps most significant has been Mary’s “relentlessly positive”
attitude through it all. She has addressed tough issues
and been a truly positive leader. Many of you will recall an
article I wrote earlier this year that outlined what makes a
truly great leader. In The 21 Irrefutable Laws of Leadership,
John G. Maxwell cites the “Law of Influence.” He says,
“The true measure of leadership is influence – nothing
more, nothing less.” If you don’t have the ability to positively
influence others, you will never be able to effectively lead.
This year as president, Mary Whitmer has had a positive
influence on so many aspects of the CLLA. She has lead by
example, and her relentlessly positive pursuit of the next
generation of the CLLA has helped us all grow to be a far
better and more thoughtful organization. Thank you,
Mary. You have been a GREAT and GRACIOUS leader. ■
viewpoint
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Member Builders
Rewarded
The CLLA Membership Committee is continuing
its member building campaign for 2005.
Current members who recruit new members to
the League will be rewarded with up to a $50
“coupon” redeemable toward annual dues or
for CLLA conference registration fees.
In order to receive a “coupon” for recruiting a
member, the recruiting member’s name must
be included on the new member’s application.
Once the application is received, the coupon will
be forwarded to the recruiting member. The
coupon will be good for 12 months from the
issue date and will be for an amount equal to the
lesser of $50 or the new member’s annual dues.
Accumulated credits, for any calendar year, cannot
exceed the member’s current annual dues.
For more information about this program,
contact the CLLA offices for assistance
at 312-781-2000.
1 King Street West, 10th floor, P.O. Box 907 Hamilton, Ontario, Canada, L8N 3P6
Contact: Jon-David Giacomelli or Chris MacLeod • Toll Free: 866-526-9800
E-mail: jgiacomelli@rossmcbride.com • Web: http://www.rossmcbride.com/international
Debt 3 May/June 2005
57

Commercial Law League of America
LEADING THE WAY