Legal Opinion

Marvin Fielder v. Credit Acceptance

Court of Appeals for the Eighth Circuit

Decided August 31, 1999No. 98-3265, 98-3413PublishedCited by 1 opinion

1Opinion of the Court

LOKEN, Circuit Judge.

Credit Acceptance Corporation (“CAG”) financed used car sales in Missouri by taking assignments of retail installment purchase contracts between car dealers and purchasing consumers. If the buyer defaulted, CAC typically repossessed the vehicle, which was collateral for the de faulted loan. CAC then sold the car, applied the net sale proceeds against the defaulted loan, and sued the buyer in state court for any remaining loan deficiency. In many of those deficiency actions, the debtor failed to appear, and CAC obtained a default judgment for its claimed deficiency-

Marvin…

2Cases cited28 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  3. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  4. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  5. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987

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3Cited by1 opinion

  1. Marvin Fielder, Individually and on Behalf of a Class of Similarly Situated Individuals, - Appellees/ Cross v. Credit Acceptance Corporation, - Appellant/ CrossCourt of Appeals for the Eighth Circuit · 1999

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