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Duty Between Finance Company and Debtor

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Court of Appeal (Cal.) Finds that While Automobile Merchant Owes a Duty Not to Ignore Red Flags in Purchase of Vehicle, No Red Flags Appeared Simply Because Check Was From a Person Other Than Its Customer

by Scott J. Hyman |

In QDOS, Inc. v. Signature Financial, LLC, 2017 WL 5793973, at *4–6 (Cal.App. 2 Dist., 2017), the Court of Appeal found that the fact that a check for payment for a luxury vehicle was presented by a third party did not obligate the Dealer to conduct an independent examination beyond the face of the check. As a general rule, courts… Read More

District Court (Or.) Finds Repossessing Finance Company Owed No Duty to Debtor to Protect Debtor’s Financial Interest; Finds No Breach of Peace in Repossession of Aircraft from Locked Hangar

by Scott J. Hyman |

In Harley-Davidson Credit Corp. v. Turudic, 2012 WL 3314919 (D.Or. 2012), Harley-Davidson financed an airplane (Ed. no, not a typo).  After it repossessed the airplane, it sued on the balance.  The debtor claimed that the HDCC owed it a fiduciary duty to maximize recovery, to assist him the sale of the aircraft, and to otherwise protect his financial interest.  Judge… Read More