From: Jay S. Fleischman [jay@drlcny.com]
Sent: Friday, January 19, 2007 11:10 AM
To: O. Max Gardner III
Subject: Re: FW: Judges' Seminar

Attachments: Encore FFA.pdf; Discover v New Vision Financial.pdf

Here's the Encore FFA.  I'm also attaching one for Discover and New Vision that I mentioned to you during one of our sessions; it's not instructive on the credit reporting issues, but is useful inasmuch as the rest of the transaction is set up in exactly the same way as we've seen in the others.  Of course, also goes to undermining the potential claim of trade secrets.

The link to the Encore FFA is:

http://www.sec.gov/Archives/edgar/data/1084961/000108496105000050/exhibit_101.htm

By the way, not getting listserv messages.

Tell Henry to check the main document to which the FFA is annexed, as there are other acknowledgments that may come in handy.  Let me know if you need anything else.

O. Max Gardner III wrote:
>  
> Can you send me the Link for the Encore Forward Flow Agreement for 
> Henry.  I have it at home in the seminar room but not here at the 
> office.
> 
> O. Max Gardner III
> Law Offices of O. Max Gardner III, P.C.
> Federal Debt Relief Agency
> Consumer Protection Unit
> PO Box 1000
> Shelby NC 28151-1000
> 704.487.0616 (v)
> 704.418.2628 (c)
> 888.870.1647(f)
> maxgardner@maxgardner.com
> omaxgardner@yahoo.com
> http://www.maxgardnerlaw.com
> 
> Max Gardner's 2007 Bankruptcy Boot Camps 
> http://www.maxbankruptcybootcamp.com
>  
> Max Gardner's Bankruptcy Boot Camp BLOG:
> http://www.maxbankruptcybootcamp.com/blog
> 
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
> 
> We are a federally designated Debt Relief Agency under the United 
> States Bankruptcy Laws. We assist people with finding solutions to 
> their debt problems, including, where appropriate, assisting them with 
> the filing of petitions for relief under the United States Bankruptcy Code.
> 
>   
> -----Original Message-----
> From: Henry Sommer [mailto:henry@henrysommer.com]
> Sent: Friday, January 19, 2007 10:51 AM
> To: O. Max Gardner III; 'John Rao'
> Subject: Judges' Seminar
> 
> Hi Max and John- I'm supposed to speak at a Federal Judicial Center 
> seminar for bankruptcy judges in April on consumer lending issues. I 
> spoke last year about mortgage servicing problems, but would probably 
> touch on that again. I'd like to also focus on the sale of debt to 
> eCast, etc.  Do you have any suggestions for topics or for materials? 
> I would love something that showed, for example, that eCast includes 
> postpetition interest in its claims or that eCast claims are regularly 
> inaccurate for some other reason. I know Max mentioned something about 
> this to me once and I think there is a case pending in Alabama on this.
> 
> I view my goal as creating distrust of eCast claims, rather than the 
> blind faith some courts seem to have, just as some courts have come to 
> distrust mortgage claims.  Another possible topic could be the 
> negative amortization in car loans being rolled over, and other sleazy 
> car dealer practices, especially as they might affect purchase money 
> status for the hanging paragraph.
> 
> --
> Henry J. Sommer
> 7118 McCallum St.
> Philadelphia, PA 19119
> Phone: 215-242-8639
> Fax: 215-242-2075
> 

--
-------------------------------------------------------
Jay S. Fleischman, Esq.
FleischmanLaw, P.C.
15 Maiden Lane, Suite 2000
New York NY 10038
T:  212.785.1136 x704
F:  646.435.0634
E:  jay@drlcny.com

Debt Relief Law Center of New York
www.drlcny.com

MyThirdWave: Practice Management Solutions For Bankruptcy Lawyers www.MyThirdWave.com

Bankruptcy Practice Pro: Helping You Ride The Third Wave www.BKPracticePro.com