Automotive Finance Corporation v. Smart Auto Center, Inc. And Carl Schwibinger
Court of Appeals for the Seventh Circuit
1Opinion of the Court
TERENCE T. EVANS, Circuit Judge.
This case arises out of the efforts of Automotive Finance Corporation (AFC) to collect on loans it made to Carl Sehwibinger, a used car dealer, and Smart Auto Center, Inc., his dealership. Before filing suit, AFC tried a little self-help — repos sessing a number of Smart Auto cars and attempting to take others that Schwibinger purchased individually. Smart Auto and Schwibinger (whom we’ll refer to together as Schwibinger) filed counterclaims based on these previous collection efforts and, after a bench trial, won about $12,000 in damages. AFC may have lost a…
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