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Michigan Federal Court Summarily Dismisses FCRA Action Alleging Inaccurate Reporting of Charged-Off Auto Loan

Troutman Sanders

APRIL 24, 2023

Despite the liberal construction typically afforded to pleadings filed by pro se litigants, the court dismissed the plaintiff’s complaint sua sponte for failure to state a claim. The court dismissed the complaint but gave the plaintiff leave to amend to the extent she believed her loan was not governed by Article 9 of Michigan’s UCC.

Loans 52
Loans Repossession Secured Creditor Construction 52
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Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. by the existence of a separate provision, §542, that expressly governs the turnover of estate property.”

Bankruptcy 65
Bankruptcy Debtor Creditors Repossession 65
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