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The ultimate Boot Camp will begin on Friday at 4:00 p.m. in Max’s state-of-the-art learning center at his remote 160-acre South
Mountain Farm. This particular Boot Camp will center around a
bankruptcy case against a mortgage servicer that is also
subject to claims under the Fair Debt Collections Practices Act (FDCPA). You will be taken through the “nuts and bolts” of how to gather pre-trial evidence and draft a bullet-proof complaint.
The initial training will be held at the Farm through sunset on Saturday afternoon. Then, early Sunday morning, all of the Boot
Campers will be transported to the Cleveland County Courthouse for
a full day of work in the historic Courtroom Number 2. Almost every check on Max’s famous “Wall of Shame” was the result of
legal proceedings in this very courtroom.
There is much to do before the
Boot Camp moves to the
courtroom. Pete says that the real
secret of success is “learning how
to capture the evidence,” and
Max’s motto is “never file a
complaint unless you are ready to
try the case the very next day.”
Each Boot Camper will learn how
these two outstanding lawyers get
things done with tapes,
telephones, letters, bills,
statements, transaction codes, loan
histories, and payoff statements.
“The essential skill,” says Pete, is
to “learn how to find and to follow
the evidence.” Max, on the other
hand, says “every consumer
lawyer must understand how to
read the ‘Da Vinci Code’
promulgated by the mortgage
servicers and most importantly
how to follow the money.” Max
says you have to learn “how to
track them down and how to tack
them down.” Both Max and Pete
agree that you must be able to
place every creditor and debt
collector in a very small room with
no doors, no windows and only
one way out—through you!
In order to demonstrate the
interplay of between the FDCPA
and the Bankruptcy Code, Max
and Pete will use the exact same
fact situation and walk each
camper through the drafting of an
FDCPA complaint for filing in
Federal District Court and an
Adversary Proceeding for filing in
the United States Bankruptcy
Court. Both Pete and Max believe
that the complaint is the beginning
and the end of every good case.
“Once they read my complaint,
they very next thing the Defendant
should do is call me and ask me
how much,” says Pete.
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