We continue to handle a lot of floorplan defense lawsuits, defending dealers sued by Nextgear and AFC.  They are still filing new cases even though the court systems have been slowed by COVID-19.  In general, our perception is that Nextgear has been willing to work with us in recognizing the new reality of Covid-affected dealers.  […]

The CARES Act, which was adopted in response to the Corona Virus/Covid-19 crises includes some important provisions regarding your protected retirement accounts.  Most people can withdraw up to $100,000 from the accounts without a penalty, and with an extended time to pay taxes that are due on the money. This should come in handy for […]

Attorney Keith Hagan and I have been defending dealers from suits by Nextgear for over two years. Nextgear has been filing about 1,000 suits per year in Hamilton County, Indiana, and that’s in good economic times.  Automotive Finance Corporation (AFC) has been filing quite a few less than Nextgear in Marion County, Indiana. We have […]

We have noticed an uptick in lawsuits by Automotive Finance Corporation (AFC) against dealers on floorplan loans here in our home state of Indiana. Over the past few years, we have handled more than a hundred floorplan lawsuits by Nextgear, but just a few by AFC. The reason was Nextgear has rather consistently filed about […]

We have noticed an uptick in lawsuit activity by Automotive Finance Corporation, -also known as “AFC”.  For the past two and a half years, Keith Hagan and I have been handling a lot of dealer floorplan defense cases against Nextgear Capital, and a few cases against AFC. This is because Nextgear historically sued a lot […]

In the Red Barn Motors v. Nextgear Capital Inc. case the 7th Circuit Court of Appeals reversed a district court ruling denying a motion for class certification.  This means that the plaintiff dealers have the chance to form a class to seek recovery for all dealers in the same shoes.  What are the allegations?  The […]

As I write this, Hurricane Florence just hit North Carolina and South Carolina.  Based on what we saw with Hurricane Harvey last year, we can expect that a lot of car dealers will be especially hard-hit.  We had a number of car dealers from Houston to Louisiana hire us to defend dealer floorplan lawsuits, mostly […]

The vast majority of my practice involves representing consumers bringing claims under consumer protection statutes like he Fair Debt Collection Practices Act, Fair Credit Reporting Act, Credit Services Organizations Act, Telephone Consumer Privacy Act, and more.  Recently, as it so happens I have been contacted by multiple individuals who have needed help because were alleged […]