Texas Dealer June 2022

TIADA Welcomes the Federal Trade Commission

to the 2022Conference

Also In this issue:

– Michael W. Dunagan: Bankruptcy Filings After Repossession – Texas Legislators & TIADA Members Spend Day at COTA – Auto Dealer Bond Claim Process – Working with Law Enforcement to Prevent Vehicle Fraud

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CAPITAL

TIADA Board of Directors PRESIDENT Mark Jones/MCMC Corporate 264 Exchange Burleson, TX 76028 PRESIDENT ELECT Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087 CHAIRMAN OF THE BOARD Robert Beck/Stop N’ Drive Motors 711 N. General McMullen San Antonio, TX 78228 SECRETARY Eddie Hale/Neighborhood Autos PO Box 1719 Decatur TX 76234 TREASURER Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365 ICE PRESIDENT, WEST TEXAS V (REGION 1) Cesar Stark/S&S Motors 7699 Alameda Ave. El Paso, TX 77915 ICE PRESIDENT, FORT WORTH V (REGION 2) Chad Lancaster/Chacon Autos 11800 E. Northwest Hwy Dallas TX 75218 ICE PRESIDENT, DALLAS V (REGION 3) Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas TX 75237 ICE PRESIDENT, HOUSTON V (REGION 4) Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301 ICE PRESIDENT, CENTRAL TEXAS V (REGION 5) Robert Blankenship/Texas Auto Center 6809 Suite B S IH35 Austin, TX 78744 ICE PRESIDENT, SOUTH TEXAS V (REGION 6) Armando Villarreal/McAllen Auto Sales, LLC 4215 S. 23rd St McAllen, TX 78503 ICE PRESIDENT AT LARGE V Brad Kalivoda/Fiesta Motors 2599 74th Street Lubbock, TX 79423 ICE PRESIDENT AT LARGE V Greg Phea/Austin Rising Fast 8024 IH 35 North Austin TX 78753 TIADA EXECUTIVE DIRECTOR Jeff Martin 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am – 4:30pm 512.244.6060 • Fax 512.244.6218 jeff.martin@txiada.org

Vo l u m e X X I I / I s s u e 6 / J u n e 2 0 2 2

TexasDealer contents

5 Officers’ Message

by Robert Beck, TIADA Chairman of the Board

9 Board of Directors Meeting Minutes 10 On The Cover: TIADA Welcomes the Federal Trade Commission to the 2022 Conference

by TIADA Staff

13 Recruitment Challenge 15 Dealers Working with Law Enforcement to Prevent Vehicle Fraud

by TIADA Staff

18 TIADA Auction Directory 21 Texas Legislators & TIADA Members Spend Day at COTA

by Stephen Pallas

24 2022 TIADA Conference & Expo 31 TIADA Membership Application 33 Legal Corner: Bankruptcy Filed After Repossession: New Supreme Court Case Offers Guidance

by Michael W. Dunagan

39 New Members 39 Local Chapters 41 Know Your Batting Average: The Performance Metrics Most Critical to Your Success

by Susan Gaytan

46 Behind the Wheel

by Jeff Martin

Did You Know? With the convenient Remote

Check-In option, Conference attendees will be able to check in and drop off their bags in a location separate from the resort crowd. Don’t forget, the 2022 Conference and Expo’s early bird deadline is June 17.

Visit tiadaannualconference.com for more information.

Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured.

Editor: Stephen Pallas

Magazine Ad Sales: Patty Huber, 512-310-9795

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officers’ message

by Robert

My Swan Song

W

ell, they’re telling me that my time as an officer of the TIADA has almost come to an end. When we have our annual Conference at Kalahari in Round Rock in July — I will roll off the Board of Directors. I believe I joined the Board in 2013. The time has flown by so quickly, and I simply cannot believe it’s been nine years!

So… this article is my Swan Song. According to folklore, swans sing most beautifully just before they die, and hence this phrase has come to be used to describe someone who was leaving while at a good place in an organization. Hopefully, I won’t be dying anytime soon, but I do know TIADA is at a great place right now. However, I cannot rightfully take but little of the credit for it being so. That credit is collectively owed to my predecessors on the board, as well as my fellow current board members — and especially to our Executive Director Jeff Martin and his quality and well-seasoned staff. Their untiring devotion to the success of TIADA is a great thing to behold. I’ve found it a very easy job to serve as a board member of TIADA, especially when you constantly see evidence of this devotion to the success of our fellow dealer members and our state association. I’ve never lost any sleep worrying about ongoing operations at TIADA because I know we’re in good hands. And it’s reinforced every time we have a board meeting to review

Beck

Stop N’ Drive Motors (San Antonio) TIADA CHAIRMAN OF THE BOARD

the operations of TIADA. Our state association is strong member-wise, we’re strong financially, and we’re a formidable force politically at the capitol in Austin. We are also greatly respected on the national stage of state dealer associations, as well.

Back in 2005, I joined TIADA before I even sold my first vehicle. I joined because I wanted to learn the business from people who’ve succeeded in this business and not from the school of hard knocks (consisting of me making mistakes as I went along). Since my first TIADA event, I’ve marveled at the goodness and accomplishment I’ve seen in my fellow dealers of all sizes and from all points across Texas. I’ve made several great friends, and I’ve always found it a blessing to be a member of TIADA. Even though I’m rolling off the Board of Directors, I’d like to assure you that I will still be an active member! I look forward to the next TIADA Day at the Capitol in Austin in 2023. Because of the pandemic, we haven’t seen that since 2019. I’ll be attending the annual Conferences, going to TIADA educational classes, and serving on TIADA dealer committees.

And lastly — if I’m called upon to testify in the Legislature or attend a local legislative event sponsored by TIADA… I will be there! I’ll be there because of all the good the TIADA has brought into my business and, therefore, into my life.

I’ve never lost any sleep worrying about ongoing operations at TIADA because I know we’re in good hands.

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Please visit www.txiada.org/at-the-capitol for more information about donating to INDEPAC

Thank you to all those who have contrubuted to INDEPAC in 2022!

A List of Our Contributors through April Davis, Brad Gregory, Tommy * Allen, Scott Lathrop, Phillip Trevino, Miguel (Mike) Brown, Mark Davis, Vicki Rhodes, Brent Zak, Gregory * Hagler, Keith * Hanson, April * Jones, Mark *

5,000 1,200 1,000 1,000 1,000 500 500 500 500 400 400 400

Winkelmann, Ryan * Donnelly, Chris * Ruckel, Matt Cochran, Kip Edenfield, Robert * Moore, Russell * Barragan, Cesar Hobson, James Rose, Jay Sabra, Ramzi Goodman, Jason *

400 300 250 200 200 200 100 100 100 100 30

*Monthly Donor

Total Contributions in 2022

$14,380

FLOOR PLANNING WITH MORE FLEXIBILITY AND FEWER FEES GO TO NEXTGEARCAPITAL.COM TO START FLEXING WITH FLEX PRICING

*Certain conditions apply. All rights reserved. Flex Pricing is available only to eligible dealers with retail, wholesale, salvage, or heavy truck lines of credit with NextGear Capital. Eligibility is in NextGear Capital’s sole discretion. Dealers must have signed the appropriate Advance Schedule to receive this offering. Only principal reduction payments and accrued Floorplan Advance related fees would be deferred, and they would be deferred only until unit sells or the end of the last scheduled Period (excluding Extensions) (defined in the Note), whichever is earlier. Such deferred payments are on eligible Advances on vehicles purchased at Manheim auctions only. Dealers should refer to the terms and conditions of their Demand Promissory Note and Loan and Security Agreement (“Note”), the applicable Advance Schedule (defined in the Note) and any other agreements with NextGear Capital, for complete details, terms and conditions. NextGear Capital reserves the right to modify or terminate this offering at any time. This offer has no cash value. Notwithstanding anything herein to the contrary, Flex Pricing is not available to New York or South Dakota dealers. All advances made in California by NextGear Capital are made pursuant to NextGear Capital’s California Finance Lender License, #603G505.

board of directors meeting minutes April 27, 2022 Circuit of the Americas | Austin, TX

compiled by Texas Dealer staff

Board Members in Attendance

Brad Kalivoda, Greg Phea, Greg Reine, Cesar Stark, Vicki Davis, Robert Beck, Mark Jones, Ryan Winkelmann, Eddie Hale, Russell Moore, and Armando Villarreal

TIADA Staff in Attendance

INDEPAC Committee

Greg Reine presented the INDEPAC Committee Report.

Items included having a donor bar during the welcome reception at the Conference and a redesigned brochure.

Bylaws Committee

Jeff Martin, Earl Cooke, Teresa Orkun, Patty Huber, and Stephen Pallas

Brad Kalivoda presented the Bylaws Committee Report.

The Board concurred with the proposed Bylaws changes to be presented to the House of Delegates in July.

At its meeting on Wednesday, April 27, 2022, TIADA took the following actions:

Membership

President Mark Jones called the meeting to order at 1:26 pm.

Minutes of Last Meeting

Minutes of the last meeting were presented by Secretary Eddie Hale.

A motion was made to accept the minutes.

Moved by Russell Moore, seconded by Armando Villarreal. – PASSED

Treasurer’s Report

Treasurer Vicki Davis presented the treasurer’s report.

A motion was made to accept the report.

Moved by Greg Phea, seconded by Greg Reine. – PASSED

President’s Report

Special Projects Manager, Teresa Orkun, presented a membership update.

Budget

Vicki Davis reviewed the 2022 budget, the proposed 2023 budget, and the reserve account.

Legislative Update

Director of Compliance, Earl Cooke, provided a legislative update.

Professional Development

Teresa Orkun provided an update on dealer professional development.

Associate Membership

Director of Associate Member Relations, Patty Huber, provided an associate membership update.

Mark Jones reported on recent legislative visits in various parts of the state and recent HIADA and EPIADA meetings attended by TIADA.

A motion was made to make Pulse a Business Partner contingent on a one-month review of the product from select board members.

Attendees reported on their member outreach calls.

Moved by Greg Reine, seconded by Russell Moore.

– PASSED

Executive Director’s Report

Executive Director Jeff Martin provided an update on changes for the 2022 Conference and the NIADA bylaws and elections.

TIADA member and NIADA President-Elect Scott Allen was present to clarify the updates to the bylaws.

TIADA supports the proposed NIADA bylaws. However, TIADA will verbally object to the language in Article VII Section 4. C. “Such term limits as defined in these Bylaws may be temporarily amended by resolution of the Board when determined to be in the best interest of NIADA.” June 2022

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A motion was made to adjourn the meeting.

Moved by Greg Phea, seconded by Vicki Davis.

Mark Jones adjourned the meeting at 6:01 pm.

Respectfully submitted, Eddie Hale, Secretary A complete copy of any reports referenced in this document and more detailed notes from the meeting are on file at the TIADA office and available upon request.

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on the cover

TIADA Welcomes the Federal Trade Commission

to the 2022

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June 2022

T

he 2022 TIADA Conference and Expo is rapidly approaching, and we could not be more excited. Coming on the heels of our largest and most successful event ever, the association has worked hard to provide new features for attendees. Last year, we welcomed over 300 dealers to the Kalahari Resort in Round Rock, and we hope to see even more of you this summer.

The growth of the conference demonstrates the strength and commitment of the independent automobile industry to build collectively on its successes and learn from each other. We believe that dealers get the most of this event when they can learn from industry experts and fellow veteran dealers, so we decided when creating this year’s conference to emphasize those aspects that best allowe dealers to engage with and learn from other dealers.

Vicki Davis, of A-Ok Auto Sales in Porter, is looking forward to returning to the conference. “This year,” she said, “not only am I excited to be able to network with some of the top dealers in the state. I am also ready to make sure our lot is up to date on all compliance issues and am looking forward to those educational sessions.”

For many dealers, the conference is also a place to discuss important operational topics. For Tommy Gregory, of Abilene Used Car Sales, this year’s event will be one of the best opportunities for dealers to connect about the ongoing inventory shortages. “For me, I am most looking forward to talking to and listening to other dealers to see how they are navigating inventory levels drying up. I find myself in a unique and difficult position trying to find vehicles, and I know many other dealers are facing the same problem.”

TIADA uses the conference to offer opportunities for networking and valuable education. Below, you’ll find a list of just a few of the

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features that will make the 2022 conference really special.

The FTC to Present on the Safeguards Rule and the Used Car Rule

This educational session was just too important to not make a general session. Don’t miss this opportunity to hear from one of the main regulators of independent automobile dealers. FTC attorney Tom Carter will be speaking at the conference to explain what the FTC expects from automobile dealers to comply with the Safeguards Rule and the Used Car Rule.

The Federal Trade Commission recently issued its Final Rule to amend the Standards for Safeguarding Customer Information, with components of the rule going into effect on January 10, 2022, and December 9, 2022.

This rule requires dealers to put in place specific policies and procedures to protect their customers’ financial information. The changes adopted to the Safeguards Rule include more specific criteria for what safeguards dealers must implement as part of their information security program, such as limiting who can access consumer data and using encryption to secure the data.

TIADA has designed a quick, easy, and affordable program that fulfills these new FTC requirements. For more information, visit the on-demand education page at www.txiada.org.

As an added bonus, Carter will also go over the Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule. This rule requires car dealers to display a window sticker, known as a Buyers Guide, on the used cars they offer for sale. The Buyers Guide discloses whether the dealer offers a warranty and, if so, its terms and conditions, including the duration of the coverage, the percentage of total repair costs the dealer will pay, and which vehicle systems the warranty covers.

Are You Ready for Some Magic?

Armando Lucero and Chad Randash will be the keynote speakers on the opening day of the conference. Chad Randash, a used car dealer from Montana, and Armando Lucero, a magician and conjurer from Las Vegas, designed this highly entertaining presentation, “Eyes and Mind Wide Open” specifically for TIADA. Chad and Armando will challenge attendees to think outside the box. More importantly, they will raise the question: are you seeing everything and focusing on the right things at your dealership?

Chad is a 15-year veteran in the used car industry and a magic junky. He believes there is still plenty to learn in this industry, and he will explain how to get the most out of your conference experience.

Chad will tell you, and Armando will show you, just how much you may be missing at your business, and you don’t even know it.

Dealers Learning from Dealers

The Dealer Driven Roundtable discussions are one of the most important events of this year’s Conference, offering dealers a unique opportunity to visit with a small group of fellow dealers and just talk shop. These discussions should offer some of the most productive takeaways for dealers to bring back to their businesses. No one understands your issues better than your fellow dealers, who will be leading these conversations to discuss their experiences and tackle day-to-day problems.

Attendees at these roundtables will be placed in groups with similar dealers based on their type of operation, size, and years in business. A dealer moderator will walk the group through the items on the agenda. If you don’t see an issue on the agenda you want to discuss, we encourage you to bring it up during 11

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the Hot Topics sessions, and it will be covered. We hope as many of you as possible will come and share your stories, listen, and learn from successful dealers just like you.

Meet the Speaker Lounge

The driving force behind the conference has long been its education. In fact, we consider these sessions the heart and soul of our Conference and Expo. We offer over 30 hours of education from some of the foremost presenters anywhere to be found. We have become wellknown for the expert presenters you will find in our breakout sessions, and we offer six core learning areas designed to maximize your educational experience. Breakout sessions include presentations specific to the Buy-Here, Pay-Here space, Special Finance and Retail, Management, Compliance, Technology, and Marketing.

This year, however, we wanted dealers to get the most out of their educational experience. We worked closely with the presenters and are proud to offer a Meet the Speaker Lounge at our event, where dealers will be able to talk directly with them on ways to improve dealership operations, management, and more.

Remote Check-In

The Kalahari Resort is a busy venue, so last year we worked with the staff there to provide a remote check-in location for all conference attendees. The remote check-in will help to facilitate a convenient way for TIADA members to avoid the crowds at the front desk. With this convenient option exclusive to conference attendees, you will be able to check in and drop off your bags in a location separate from the resort crowd. There will be signs and floor decals to help you find the location.

We plan to make this year the best conference ever, and we look forward to seeing all of you in Round Rock in July!

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PROUD MEMBER OF

feature

Dealers Working with Law Enforcement to Prevent Vehicle Fraud

Featured Speaker Sergeant Darren Schlosser Houston Police Department Auto Theft Division, Vehicle Fraud Unit

by TIADA Staff

S

ince 2017, the Vehicle Fraud Unit within the Auto of fraud, the perpetrators are often working in highly Theft Division of the Houston Police Department has organized teams. The individuals who end up getting taken a specific approach caught committing fraud are to combat cases of fraud taking part of larger networks, which place at dealerships. The Unit makes handling these cases is an offshoot of the Vehicle difficult. The person who is arFinancial Crimes Unit. At the rested typically has some kind head of the VFU is Sergeant of criminal history and very Darren Schlosser, who brings rarely divulges any information a 25-year background in law about the larger organization.” enforcement, including patrol, Because these cases are more gang task force, robberies, ficomplex than many would asnancial crimes, internal affairs, sume, Sergeant Schlosser has and automobile theft. been consulting with a wide He created the VFU benetwork of dealers and law encause he observed a dramatic forcement units in other comincrease in dealership cases munities outside of Houston. specifically involving fraud, This network has become esand he aimed to maximize the sential to the success of his unit. efficiency of handling these “We would not be as succrimes by dedicating an entire cessful today without the unit to solving these cases. support of our partners in Although there have been the dealership community,” some shifts in the way vehiclehe said. “We have a growing related crimes are being pergroup of dealers and officers petrated over the past 20 years, whom we contact and who Sergeant Schlosser believes contact us on a regular basis.” that, overall, the rate of crime The communication behas not changed all that much. tween dealers and law enforce~Sergeant Darren Schlosser, “In the digital age there has ment is particularly helpful Houston Police Department been a shift toward financial in catching criminals in the Auto Theft Division, crimes,” he said. “There is less act of committing fraud at the Vehicle Fraud Unit risk involved for these crimidealership, which Sergeant nals. They can be much more Schlosser calls frauds in proganonymous than ever before, the crimes can be much ress. “Without the network, we’d be reacting to all our more lucrative, and the punishments far less severe.” investigations, and you can find yourself in a situation What Sergeant Schlosser wants dealers and other law where you’re always chasing the crook after he’s done the enforcement officials in Texas to understand about vehicrime. In my experience, it’s always the better option to cle fraud is that these crimes are very rarely perpetrated catch the crook in action.” by lone actors.

Dealers in Houston have found the efforts of the VFU “There is an enormous organized criminal aspect in the an essential part of keeping their businesses safe. Phillip vast majority of these cases,” he said. “Especially in cases Sommer, owner of Texas Auto, commends their work

"In the digital age there has been a shift toward financial crimes. There is less risk involved for these criminals. They can be much more anonymous than ever before, the crimes can be much more lucrative, and the punishments far less severe."

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and has taken part in their efforts to train dealers on spotting and preventing fraud. “Darren and his team at HPD have been instrumental in helping us catch these criminals and their organizations from stealing even more cars from us. We have participated in his anti-fraud training and we review the regular emails he sends listing people to look out for who have been engaging in these crimes elsewhere.”

Sergeant Schlosser has consulted dealers and police departments in the Dallas-Fort Worth and San Antonio areas, among others, and is growing his partnerships across the state. He mentions that while he has seen a decrease in fraudulent vehicle crimes in 2022, other communities are seeing a spike in these cases.

“We’re seeing a huge increase in calls from other police departments asking for assistance,” he said. “As we are expanding our network of dealers and other departments, we are

witnessing a shift in where and in what ways the perpetrators are committing these crimes. These criminals are constantly changing their thinking or moving to different communities, so it’s essential that we adapt.”

It is an important and challenging undertaking, but Sergeant Schlosser believes that as more professionals in Texas become involved in preventing (rather than reacting to) these acts of fraud, it will be much easier to prevent them in the future.

He works extensively to help others catch more criminals in the act by training dealers to put best practices in place for fraud prevention.

He has also created a Dealer Alert system to help dealers identify potential suspects.

“I highly recommend getting your management team on those daily emails if you are not already,” said Phillip Sommer. “We have even caught several of these crooks on our showroom floor and the local

police would have let them go if it was not for Darren and his team.”

Sergeant Schlosser has sent over 200 Dealer Alerts to date, primarily concerning the rise of vehicle fraud.

Year-to-date, these efforts have resulted in 110 arrests during frauds in progress and over $5 million in fraud prevention. The Dealer Alerts also cover helpful information about catalytic converter theft and key fob swaps, both of which have become increasingly challenging criminal activity many dealers are contending with.

With dealers around the state reporting crimes in progress to their local law enforcement, Sergeant Schlosser’s unit has seen tremendous success in preventing fraud.

Sergeant Schlosser will be a featured speaker at the TIADA Conference & Expo on Tuesday, July 26, 2022. To register for this year’s conference, visit www.tiadaannualconference.com.

6/22

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June 2022

TIADA Auction Directory

Save thousands on buy or sell fees at these participating auctions! * VALID FOR SELL FEE ONLY AT INSURANCE AA LOCATIONS ** ONLINE AUCTION AVAILABLE

Abilene ALLIANCE AUTO AUCTION ABILENE

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$AVE : $200

C.M. COMPANY AUCTIONS, INC. www.cmauctions.com

2258 S. Treadaway, Abilene, TX 79602 325.677.3555, Fax 325.677.2209 GM: Gregory Chittum Thursday, 10:00 a.m. $AVE : $200

IAA ABILENE*

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Amarillo IAA AMARILLO*

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Austin ADESA AUSTIN

www.adesa.com 2108 Ferguson Ln., Austin, TX 78754 512.873.4000, Fax 512.873.4022 GM: Michele Arguijo Tuesday, 9:00 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION AUSTIN

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$AVE : up to $200 Sell Fee

METRO AUTO AUCTION AUSTIN www.metroautoauction.com 8605 Cullen Ln., Austin, TX 78748 512.282.7900, Fax 512.282.8165 GM: Brent Rhodes 3rd Saturday, monthly

$AVE : $200

Corpus Christi CORPUS CHRISTI AUTO AUCTION

www.corpuschristiautoauction.com 2149 IH-69 Access Road, Corpus Christi, TX 78380 361.767.4100, Fax 361.767.9840 GM: Hunter Dunn Friday, 10:00 a.m.

$AVE : $200

IAA CORPUS CHRISTI*

www.iaai.com 4701 Agnes Street, Corpus Christi, TX 78405 361.881.9555, Fax 361.887.8880 GM: Patricia Kohlstrand Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

Dallas-Ft. Worth Metroplex ADESA DALLAS

www.adesa.com 3501 Lancaster-Hutchins Rd., Hutchins, TX 75141 972.225.6000, Fax 972.284.4799 GM: Allan Wilwayco Thursday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION DALLAS

www.allianceautoauction.com 1550 CR 107, Hutto, TX 78634 737.300.6300 GM: Brad Wilson Wednesday, 9:45 a.m.

www.allianceautoauction.com 9426 Lakefield Blvd., Dallas, TX 75220 214.646.3136, Fax 469.828.8225 GM: Robert Kersh Wednesday, 1:30 p.m.

AMERICA’S AA AUSTIN / SAN ANTONIO

AMERICA’S AA DALLAS

$AVE : $200

www.americasautoauction.com 16611 S. IH-35, Buda, TX 78610 512.268.6600, Fax 512.295.6666 GM: Jamie McCollum Tuesday, 1:30 p.m. / Thursday, 2:00 p.m.

$AVE : $200 18

IAA AUSTIN*

$AVE : $200

www.americasautoauction.com 219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972.591.2742 GM: Ruben Figueroa Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

$AVE : $200

IAA DALLAS*

www.iaai.com 204 Mars Rd., Wilmer, TX 75172 972.525.6401, Fax 972.525.6403 GM: Bob Bannister Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA DFW*

www.iaai.com 4226 East Main St., Grand Prairie, TX 75050 972.522.5000, Fax 972.522.5090 GM: Julissa Reyes Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA FORT WORTH NORTH*

www.iaai.com 3748 McPherson Dr., Justin, TX 76247 940.648.5541, Fax 940.648.5543 GM: Jack Panczyk Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

MANHEIM DALLAS**

www.manheim.com 5333 W. Kiest Blvd., Dallas, TX 75236 214.330.1800, Fax 214.339.6347 GM: Rich Curtis Wednesday, 9:00 a.m.

$AVE : $100

MANHEIM DALLAS FORT WORTH**

www.manheim.com 12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000, Fax 817.399.4251 GM: Nicole Graham-Ponce Thursday, 9:30 a.m.

$AVE : $100

METRO AUTO AUCTION DALLAS**

www.metroaa.com 1836 Midway Road, Lewisville, TX 75056 972.492.0900, Fax 972.492.0944 GM: Scott Stalder Tuesday, 9:00 a.m.

$AVE : $200

El Paso EL PASO INDEPENDENT AUTO AUCTION www.epiaa.com 7930 Artcraft Rd., El Paso, TX 79932 915.587.6700, Fax 915.587.6700 GM: Luke Pidgeon Wednesday, 10:00 a.m.

$AVE : $200

IAA EL PASO*

www.iaai.com 14651 Gateway Blvd. W, El Paso, TX 79927 915.852.2489, Fax 915.852.2235 GM: Jorge Resendez Friday, 10:30 a.m.

$AVE : up to $200 Sell Fee T e x a s

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June 2022

MANHEIM EL PASO

www.manheim.com 485 Coates Drive, El Paso, TX 79932 915.833.9333, Fax 915.581.9645 GM: JD Guerrero Thursday, 10:00 a.m.

$AVE : $100

IAA MCALLEN*

www.iaai.com 900 N. Hutto Road, Donna, TX 78537 956.464.8393, Fax 956.464.8510 GM: Ydalia Sandoval Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

BIG VALLEY AUTO AUCTION**

www.bigvalleyaa.com 4315 N. Hutto Road, Donna, TX 78537 956.461.9000, Fax 956.461.9005 GM: Lisa Franz Thursday, 9:30 a.m.

$AVE : $200

Houston ADESA HOUSTON

www.adesa.com 4526 N. Sam Houston, Houston, TX 77086 281.580.1800, Fax 281.580.8030 GM: Brian Wetzel Wednesday, 9:00 a.m.

$AVE : $200

AMERICA’S AA HOUSTON

www.americasautoauction.com 1826 Almeda Genoa Rd., Houston, TX 77047 281.819.3600, Fax 281.819.3601 GM: Ben Nash Thursday, 2:00 p.m.

$AVE : $200

AMERICA’S AA NORTH HOUSTON www.americasautoauction.com 1440 FM 3083, Conroe, TX 77301 936.441.2882, Fax 936.788.2842 GM: Buddy Cheney Tuesday, 1:00 p.m.

$AVE : $200

AUTONATION AUTO AUCTION - HOUSTON www.autonationautoauction.com 608 W. Mitchell Road, Houston, TX 77037 822.905.2622, Fax 281.506.3866 GM: Juan Gallo Friday, 9:30 a.m.

$AVE : $200

HOUSTON AUTO AUCTION

www.houstonautoauction.com 2000 Cavalcade, Houston, TX 77009 713.644.5566, Fax 713.644.0889 President/GM: Tim Bowers Wednesday, 11:00 a.m.

$AVE : $200

IAA HOUSTON*

www.iaai.com 2535 West. Mt. Houston, Houston, TX 77038 281.847.4700, Fax 281.847.4799 GM: Alvin Banks Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee T e x a s

www.iaai.com 16602 East Hardy Rd., Houston-North, TX 77032 281.443.1300, Fax 281.443.4433 GM: Aracelia Palacios Thursday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON SOUTH*

Harlingen/McAllen

June 2022

IAA HOUSTON NORTH*

D e a l e r

Midland Odessa IAA PERMIAN BASIN*

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$AVE : up to $200 Sell Fee

www.iaai.com 2839 E. FM 1462, Rosharon, TX 77583 281.369.1010, Fax 833.595.8398 GM: Adriana Serrano Friday, 9:30 a.m.

ONLINE

MANHEIM HOUSTON

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$AVE : up to $200 Sell Fee

www.manheim.com 14450 West Road, Houston, TX 77041 281.924.5833, Fax 281.890.7953 GM: Brian Walker Tuesday, 9:00 a.m. / Thursday 6:30 p.m.

$AVE : $100

MANHEIM TEXAS HOBBY

www.manheim.com 8215 Kopman Road, Houston, TX 77061 713.649.8233, Fax 713.640.6330 GM: Darren Slack Thursday, 9:00 a.m.

$AVE : $100

Longview ALLIANCE AUTO AUCTION LONGVIEW www.allianceautoauction.com 6000 East Loop 281, Longview, TX 75602 903.212.2955, Fax 903.212.2556 GM: Chris Barille Friday, 10:00 a.m.

$AVE : $200

IAA LONGVIEW*

www.iaai.com 5577 Highway 80 East, Longview, TX 75605 903.553.9248, Fax 903.553.0210 GM: Edgar Chavez Thursday, 9:00 a.m.

$AVE : up to $200 Sell Fee

Lubbock IAA LUBBOCK*

www.iaai.com 5311 N. CR 2000, Lubbock, TX 79415 806.747.5458, Fax 806.747.5472 GM: Chris Foster Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

TEXAS LONE STAR AUTO AUCTION** www.lsaalubbock.com 2706 E. Slaton Road., Lubbock, TX 79404 806.745.6606 GM: Dale Martin Wednesday, 9:30 a.m

ACV AUCTIONS**

www.acvauctions.com 800.553.4070

$AVE : $250

www.e-dealerdirect.com chris@edealerdirect.com

$AVE : Up to $500/month

San Antonio ADESA SAN ANTONIO

www.adesa.com 200 S. Callaghan Rd., San Antonio, TX 78227 210.434.4999, Fax 210.431.0645 GM: Clifton Sprenger Thursday, 10:00 a.m.

$AVE : $200

IAA SAN ANTONIO*

www.iaai.com 11275 S. Zarzamora, San Antonio, TX 78224 210.628.6770, Fax 210.628.6778 GM: Paula Booker Monday, 9:00 a.m.

$AVE : up to $200 Sell Fee

MANHEIM SAN ANTONIO**

www.manheim.com 2042 Ackerman Road San Antonio, TX 78219 210.661.4200, Fax 210.662.3113 GM: Mike Browning Wednesday, 9:00 a.m.

$AVE : $100

SAN ANTONIO AUTO AUCTION**

www.sanantonioautoauction.com 13510 Toepperwein Rd. San Antonio, TX 78233 210.298.5477 GM: Brandon Walston Tuesday, 10:00 a.m. / Thursday, 1:30 p.m.

$AVE : $200

Tyler GREATER TYLER AUTO AUCTION www.greatertyleraa.com 11654 Hwy 64W, Tyler, TX 75704 903.597.2800, Fax 903.597.3848 GM: Wayne Cook Tuesday, 5:00 p.m.

$AVE : $200

$AVE : $75/Quarterly

Waco

Lufkin

ALLIANCE AUTO AUCTION WACO

LUFKIN DEALERS AUTO AUCTION

www.lufkindealers.com 2109 N. John Reddit Dr., Lufkin, TX 75904 936.632.4299, Fax 936.632.4218 GM: Wayne Cook Thursday, 6:00 p.m.

$AVE : $200

www.allianceautoauction.com 15735 I-35 Frontage Road Elm Mott, TX 76640 254.829.0123, Fax 254.829.1298 GM: Christina Thomas Friday, 10:00 a.m.

$AVE : $200

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feature

Texas Legislators & TIADA Members Spend Day at COTA

by Stephen Pallas

TIADA Director of Marketing and Communications

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"We can’t accomplish events like this without your generous donations to INDEPAC, so we thank you for your continued support." ~Mark Jones, TIADA President

June 2022

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IADA members, as well as a few legislators, met on Wednesday, April 27, at the Circuit of the Americas (COTA) in Austin. The event provided an incredible opportunity for state legislators to engage with Texas independent automobile dealers for a day of racing and lively conversation about the issues affecting the industry. The event was held as part of TIADA’s Independent Dealer Education and Advocacy (IDEA) Program, which promotes the interests of independent automobile dealers through advocacy and education.

Lunch was held after a morning of karting, which included engaging discussions about everything from inventory shortages to skyrocketing costs, to the rise of catalytic converter thefts here and around the country, to the allotment of temporary tags. There is no shortage of issues facing the independent automobile industry in Texas, so events like these provide a unique opportunity to bring dealers and policymakers together.

Representative Sam Harless, who is also an independent dealer and TIADA member, introduced the other members of the legislature to his fellow dealers. Representative Harless intimately understands the issues facing independent dealers in Texas and has worked to bring his fellow legislators to the table.

TIADA President Mark Jones opened the lunch by thanking the legislators, dealers, and associate members for attending. He also mentioned the importance of INDEPAC. “We can’t accomplish 21

events like this without your generous donations to INDEPAC, so we thank you for your continued support.”

INDEPAC is the political action committee diligently fighting for the rights and interests of independent automobile dealers at the Capitol and across the state of Texas.

Senator Carol Alvarado, who represents Harris County and serves on the Senate Transportation Committee, was in attendance. “Thank you to the TIADA for having me at your legislative event recently,” she said. “I enjoyed visiting with members, some of whom I have worked with over several years. We had a very productive and useful conversation on the theft of catalytic converters and the bill I passed last session. We know we still have more work to do in this area to protect the public as well as the independent automobile industry.”

In addition to Senator Alvarado and State Representative Sam Harless, legislators in attendance included State Representatives Ken King, John Kuempel, Oscar Longoria, J.M. Lozano, and Armando “Mando” Martinez. These legislators serve on various committees that pass legislation affecting independent dealers in Texas.

Representative Martinez represents House District 39, in Hidalgo County, and serves on the House Transportation Committee. “It was a pleasure attending TIADA’s event at COTA,” said Representative Martinez. “I enjoyed not only visiting with the independent auto dealers from the Rio Grande Valley, but with dealers throughout Texas.

TIADA’s members play a very important role in Texas’s economy.”

Dealers commented throughout the day on how important it is to get away from the business of running their dealerships and advocating for the industry at the Capitol.

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Greg Zak, of Dixon Motors in Houston, emphasized how enjoyable the event was and how incredibly grateful he was to Senator Alvarado and the other legislators for attending. “It’s always great for all of us to get together outside our natural environments,” he said. “I greatly appreciate being able to interact with legislators in this informal setting. Things can get a bit more hectic at the Capitol, so this event gave us all an opportunity to slow down, have some fun, and have some great conversation.”

Greg walked away with the sense that legislators across the state are in tune with the issues that dealers are facing every day. “It was also great to see so many dealers and associate members getting together with these legislators, something you don’t often get to see other than at the Conference.”

Events like these allow dealers to discuss the issues that matter to them in a more casual setting. James Hobson, of H Town Motors in El Paso, echoed Greg’s sentiments about the legislative event at COTA. “It was a great event, and it gave us an opportunity to have some thoughtful conversation with the legislators and put a face to the issues affecting independent automobile dealers.” James especially appreciated the conversations he had with Representatives Martinez and Harless about industry trends and the recovery we are all trying to make, given current economic circumstances.

The event was supported by several IDEA sponsors, associate members supporting the advocacy efforts of TIADA. “As a longtime partner of TIADA and a sponsor of the IDEA Program, we not only enjoyed the occasion but again were exposed to the important job T e x a s

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the association is doing,” said Efrat Bogoslavsky, Vice President of Revenue and Service at Ituran. “It’s refreshing to see how many of our legislators understand our industry’s special challenges and needs. We appreciate the work TIADA does to

promote legislative initiatives and drive events like these to put a face to the industry.”

The event underscores how essential building relationships is to the success of the independent automobile industry. “TIADA’s

IDEA Program provided another excellent event for dealers to meet with their legislators at the Circuit of the Americas,” said Corinne Kirkendall, Executive Vice President of Compliance and Regulatory Affairs at PassTime. “The relationships and bonds created through the IDEA Program are essential for our continued success with automobile industry issues to be favorable to dealers and consumers in Texas.

PassTime is honored to be a part of the program.”

TIADA Executive Director Jeff Martin highlighted the collective efforts of all who attended the event.

“Today represents one of the most important things we do as an association,” he said. “And that is to bring together a group of people with a stake in the independent automobile dealer industry.” Jeff and the rest of TIADA look forward to hosting more events like these across the state down the road.

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Agenda Monday 9:30

Monday 10:30

How to Modernize Our Dealerships for Us and the Customer

How to Buy 100+ Cars a Month from the Public MasterClass

Greg Chaney – CEO and Chad Lancaster – CFO,

Danny Zaslavsky –

Chacon Autos, LTD

No Cost Marketing Strategies Ronald Heider – President, Heider Marketing & Advertising, LLC

3 Ways to Merge Your Website and In-Store Experiences

General Manager Country Hill Motors (Merriam, Kansas)

Dealer Panel Discussion

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Bill Metzinger – Owner Red, White, and Blue Autos Inc. (Ashland, PA)

TxDMV: Advertising Dos and Don’ts

Minimize Risks and Improve Profits with a Financial PostMortem

Do Try This at Home: A Compliance Panel with Real Live Dealers

We Are Always Open & Happy to Deliver Your Vehicle to You

Partners The Octane Group

Underwriting Victory – A Team Approach to your Underwriting Success Moderator, Trainer, and Consultant, NIADA

Susan Gaytan – Director of Dealer Engagement & Training Alan Ram’s Proactive Training Solutions

Jim & Michelle Rhoads –

Marketing Officer, AutoFi

Bill Elizondo – Senior 20 Group

Creating Your Dealership’s Latin Fan Base

A BHPH Business Plan – Know Where You Want to Go

Corrie Thompson – Director of Enforcement Division Texas Department of Motor Vehicles

Kerri Wise – Chief

Monday 11:30

Real Talk with Three National Rock Stars of Special Finance & Retail National Dealer Panel Discussion Brenna Stansberry (Park Marina Motors, CA), Dana Bress (Galaxy Auto Place, NY), John Lindberg (Auto Warehouse Inc., CO)

Harlene Doane – Chief

Sales Calls: Making the Grade

Operations Manager DealerStrong

Maggie Pugesek – Partner and

Family Business Succession Planning: Driving Your Dealership into the Future

Lead Trainer C&M Coaching

OCCC Deal Jacket Review

Dealer Panel Discussion

Panelists: Kathrine Tolsch (CICO Auto Sales,

Huffman Lewis – Director

Dallas), Greg Zak (Dixon Motors, Houston), Paul Scott (Fiesta Motors, Lubbock), Moderator: Jeremy Lurey – Consultant, The Family Business Consulting Group

Eric Fancher – Senior Financial

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Examiner – Auto Finance Projects Office of Consumer Credit Commission

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July 24-26, 2022

Tuesday 9:00

Tuesday 10:00

Tuesday 11:00

Collectors on Collecting: Time to Get Paid

Frontline Ready – Making Money Before the Sale

Dealer Panel Discussion

Dealer Panel Discussion

Protecting Your Collateral: Liens and Insurance Michael W. Dunagan – TIADA Counsel Jameson & Dunagan, P.C.

Secrets of Digital Marketing Success: What 12 Years at Google Taught Me & How You Can Apply to Your Dealership Ashley Lepczyk – Chief Operating Officer Foundation Direct

How to Attract and Retain Technicians Jay Goninen – Co-Founder and President WrenchWay

Building a High Performing Sales and Management Team

A Dealer Driven Event.

BHPH Unplugged National Dealer Panel Discussion, Panelists:

Don’t Sell Yourself Out of Business – Know Your Numbers & Thrive!

Eddie Hale – President/CEO, Neighborhood Autos (Decatur, TX) and Greg Reine – Owner, Auto Liquidators (Dallas, TX)

Darla Booher (Deal Depot, SC); Govinda Romero (Motory Group, FL); Lawrence Meade (Easton Motors, WI)

Best Practices: Spotting Document Fraud & Dealership Security Sergeant Darren Schlosser, Houston Police Department, Auto Theft Division – Vehicle Fraud Unit

Keeping the BHPH Momentum Going Ken Shilson – President Subprime Analytics, LLC

YouTube is the Second Largest Search Engine, Take Advantage of It! Mark Ferguson – Director of Performance Dealer World

Leadership: Focus on the Culture and the Sales Will Follow Glenn Lundy – President 800% Elite Automotive Club

What’s New at TxDMV – Fingerprinting, 30-Day Tags and More…

Monique Johnston – Director of Motor Vehicles Division and Roland Luna – Director of Vehicle Titles and Registration, Texas Department of Motor Vehicles

Making Your Inventory Turn Work for You… Not Against You Ed Curry – Senior Moderator NIADA

Social Media – Adapt or Get Behind (Redes Sociales – o te adaptas o te quedas atrás)

Marshall Zoerner – Owner Freeman Motor Company (Portland, OR)

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Metro Auto Auction – Dallas Profilocity

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2022 TIADA Conference & Expo July 24–26, 2022 Kalahari Resorts & Conventions – Round Rock, TX Customize your conference experience by selecting from the options below. To register, please scan the QR code below or go to www.TiadaAnnualConference.com. Questions? Call us at 512.244.6060.

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*Registrants must be from same dealership to receive discounted rate

Discounted guestrooms at the Kalahari Resort are available for $209/night with a waived resort fee for TIADA Conference attendees. Please contact the hotel directly to book your room. Must be reserved on or before June 17th to receive discounted rate.

Room reservations that are canceled 72 hours, or more, prior to arrival will receive full refund less $30.00 processing fee. Less than 72 hours prior to scheduled arrival forfeits entire deposit. No-shows will also be charged one-night’s room & tax.

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legal corner

Bankruptcy Filed After Repossession: New Supreme Court Case Offers Guidance Dealer Question: I repossessed a car last week because of default on payments and failure to maintain property-damage insurance. I just received a fax from an attorney advising that my debtor filed Chapter 13 bankruptcy today. He is demanding that I return the vehicle immediately. Since I repossessed before the bankruptcy was filed, can I refuse?

Answer: In prior responses to this question, the answer has been that you probably can’t refuse to return the vehicle to the debtor within a reasonable time without fear of being charged with violating the bankruptcy stay.

However, because of a 2021 U.S. Supreme Court case, the answer is now that you do not have to make immediate return of the vehicle, although you can’t attempt to collect any balance or resell the collateral without permission of the bankruptcy court.

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epossession (or anticipation of repossession) is often the event that triggers bankruptcy filing. It is thus not unusual for the car creditor to get a call from a debtor’s attorney just after repossession, advising that bankruptcy has been filed and demanding that the vehicle be returned to the debtor. We often receive calls from dealers seeking guidance in this situation.

Most car creditors and lien holders know by now that the filing of bankruptcy is effective to stop the creditor from attempting to collect a debt, including repossession of collateral.

We have addressed, in prior articles, the liability a creditor faces for repossessing collateral after a bankruptcy has been filed, and after the creditor has been notified of the bankruptcy.

(We have also discussed the fact that any notice is sufficient to advise the creditor of the bankruptcy, regardless of the form of the notice, and that the creditor can’t refuse to recognize the bankruptcy just because he or she has not received official notice from the bankruptcy court.)

A more difficult question arises when a buy-here-pay-here dealer (or

June 2022

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other car creditor) has lawfully repossessed a vehicle, then is informed that the debtor filed bankruptcy after the repossession. As shown by the large number of calls we get from dealers facing this situation (usually on a Friday afternoon), this is a common fact situation. We have found that the repossession was what triggered the filing of the bankruptcy, as the debtor sought to get the car back. In many cases the debtor may have already visited a bankruptcy attorney to discuss available options.

What makes the situation even more frustrating is that often the debtor had been hiding the vehicle prior to repossession. The creditor may fear that after giving it back to the debtor, it may never be seen again.

Prior to the Supreme Court decision in City of Chicago v Fulton (the Fulton case) on January 14, 2021, one of the main cases that was relied upon for guidance on the issue of postrepossession filing of bankruptcy was In Re Frank R. Zaber in the Northern District of Texas. In that case, GMAC had repossessed Zaber’s vehicle on April 9 when he fell behind on payments. On April 15, Zaber filed a

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Michael W. Dunagan TIADA COUNSEL

Chapter 13 bankruptcy. He promptly notified GMAC of the filing and presented proof of insurance and demanded return of the vehicle.

When GMAC refused to return the vehicle, Zaber filed a motion asking the court to force GMAC to return the vehicle to him (formally called “turnover of property of the estate”) and to find that GMAC intentionally violated the bankruptcy stay.

After an emergency hearing, the court found that GMAC had intentionally violated the bankruptcy stay by refusing to return the vehicle in a reasonable time after notice of the bankruptcy was given and proof of insurance was presented.

The court looked to the statutory language of the bankruptcy stay found in Section 362(a)(3) of the Bankruptcy Code, which prohibits a creditor from taking “any act to obtain possession of property of the estate… or to exercise control over property of the estate.” The court found that the first part (“obtain possession”) referred to repossession, but that the second part (“or to exercise control over property of the estate”) applied to the refusal of a creditor in possession of collateral to return it once a bankruptcy had been filed. That is, even though the creditor took possession prior to bankruptcy, the subsequent filing of bankruptcy imposed a duty on the creditor to return the property. The 33

creditor’s failure to return it amounted to an exercise of control of the property of the (bankruptcy) estate in violation of the automatic stay.

In addition to compelling return of the vehicle, the court ordered GMAC to pay Zaber’s attorneys fees and to reimburse Zaber for the cost of a rental car between the time the vehicle should have been returned and the date it was actually given back.

The majority position of courts around the country has been that the debtor retains property rights in the 2021 TLSAA Lubbock_TIADA ad.pdf

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repossessed collateral until the time that the vehicle has been properly and legally disposed of by the creditor under the requirements of the Uniform Commercial Code. Under the U.C.C., a debtor has the right to redeem repossessed collateral up until the time it is legally disposed of.

This right of redemption is the legal basis used by these courts to hold that the collateral remains “property of the estate” and thus subject to the bankruptcy stay.

In the past, because of the potential

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for damages to be assessed against a car creditor for failure to immediately return a vehicle under the holding of the Zaber case, we had advised our clients to return the vehicle after a post-repossession bankruptcy filing once coverage of property-damage insurance was established.

However, the Supreme Court has now overthrown the line of cases, such as Zaber, that held that the refusal of a lien holder to return property upon the filing of a bankruptcy was a violation of the bankruptcy stay. The rule announced in the Fulton case is that the mere retention of (bankruptcy) estate property after the filing of a bankruptcy petition does not violate the bankruptcy stay provision.

With the Fulton case as authority, we now advise our clients that they are not obligated to make immediate return of the vehicle.

The facts of the Fulton case involved the impoundment of vehicles by the city of Chicago for failure to pay fines for motor vehicle infractions. Some of the vehicle owners filed Chapter 13 bankruptcy petitions after impoundment and demanded the return of their vehicles. When the city refused to return the vehicles, actions were filed in the bankruptcy court claiming a violation of the bankruptcy stay (Sec. 362(a)(3) of the Bankruptcy Code). The bankruptcy court and the Federal Court of Appeals found the city to have violated the bankruptcy stay by refusing to return the vehicles. The Supreme Court in Fulton overturned the holdings of the lower courts and found that the mere retention of the vehicles did not violate the stay.

It’s important to note that the Court’s opinion did not say that a lien holder was not affected by the bankruptcy, but only that retention of the property did not violate the stay.

The impact of the Fulton case is somewhat tempered by the fact that the bankruptcy stay, even when the bankruptcy is filed after a repossession, still prohibits any attempt to T e x a s

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collect indebtedness or to resell the property. Thus, the creditor can’t go forward with the usual non-bankruptcy disposition of the collateral, and must still obtain relief from the bankruptcy stay (such as a lifting of the stay) in the bankruptcy court.

Another factor that limits the benefit to creditors of the Fulton decision is that debtors can seek, through the filing of an adversary action in the bankruptcy court, an order requiring the creditor to turn-over the collateral to the debtor.

The big difference between preFulton law and the current state of the law is that the creditor no longer faces the prospect of penalties and paying debtors’ attorney fees for the refusal to make immediate return of the vehicle. This fact can serve as leverage in negotiating the conditions under which the vehicle might be returned, or even possibly seeking to have the stay lifted or modified by the judge.

As is the case now and was before Fulton, a car creditor should send the required repossession notice (assuming bankruptcy has not yet been filed) as soon as possible after repossession to start the holding period.

If, for instance, a creditor sent appropriate notice, waited the appropriate time period, and disposed of the collateral — all prior to the filing of the bankruptcy — the courts have held that the vehicle is no longer property of the estate.

In one actual case we handled, the car creditor had sent strict foreclosure notice to the debtor, and the 20-day holding period had expired before the bankruptcy petition was filed. No written objection to the strict foreclosure was given to the dealer during the 20-day period. The debtor’s counsel filed a motion for turnover and for sanctions against the dealer when the dealer declined to return the vehicle. After a hearing on the debtor’s motion, the court ruled

that, under the strict foreclosure rules of the U.C.C., all redemption rights were cut off after the 20-day period expired, and the property reverted to the creditor. With no property rights with which to bring the collateral into the bankrupt’s estate, the court held that the dealer was not subject to the bankruptcy stay.

If the car creditor uses the private sale procedure (instead of strict foreclosure), the debtor has the right of redemption of the collateral up to the time the vehicle is actually resold. That is, if the secured creditor sends a private sale notice with the usual 10-day period before the vehicle is to be resold, the debtor’s right to redeem doesn’t end with the expiration of the 10 days, but rather when the collateral is sold. Thus, even if the 10-day period has passed, the unsold vehicle remains property of the estate. If the vehicle is sold on the 11th day, and the debtor files bankruptcy on the 12th day, the

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vehicle is not subject to the bankruptcy.

As in the pre-Fulton days, creditors should consider retaining knowledgeable counsel to represent them before the bankruptcy court. The rules and procedure are often complicated and don’t lend themselves to self-representation. Also, neither the bankruptcy judge nor the Chapter 13 trustee is charged with advocating for the rights of individual creditors. And, unfortunately, the rights that creditors have must often be asserted through affirmative filings that require knowledge of the law and bankruptcy procedures.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 45 years. Michael will be a featured speaker at the TIADA Conference & Expo on Tuesday, July 26, 2022. To register for this year’s conference, visit www.tiadaannualconference.com.

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Auto Dealer Solutions

DEALER SOFTWARE , WEBSITES & MARKETING

See us in

BOOTH #405 at the TIADA Conference!

Please Welcome Our Newest TIADA Members DEALER MEMBERS

Local Chapters CORPUS CHRISTI G.R. Moore

A&A Motors

The Car Shack

Ali of Cars LLC

(dates announced at

Any Cars Inc.

www.txiada.org)

Arnoldo Ruiz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7491 Grissom Rd, San Antonio, TX 78251 Cecil Turner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2227 East Division St, Arlington, TX 76011 Felix Alday Gomez . . . . . . . . . . . . . . . . . . 2602 Mayfield Rd. Suite A, Grand Prairie, TX 75052

Choche Automart LLC

Jorge Rodriguez . . . . . . . . . . . . . . . . . . . . . . . . . . . 4305 N. 10th St Ste J4, McAllen, TX 78504

K&M Auto Sales

EL PASO

Masters Auto Sale LLC

Cesar Stark

Rizwan Badat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12002 State Hwy 249, Houston, TX 77086 Hyppolite Njeuga . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7425 19th St, Lubbock, TX 79407

Roberto’s Auto Sales

S & S Motors

Ana Garcia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2706 S. Port Ave, Corpus Christi, TX 78405

Meeting – 3rd Friday

Robbie Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2092 US Hwy 31 NW, Hartselle, AL 35640

(Monthly)

Robert’s Auto Sales

RR Capital Auto Sales

Rick Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5006 Louetta Rd, Spring, TX 77379

Texas Auto Brokers

Ruben Estevez . . . . . . . . . . . . . . . . . . 401 E. Sonterra Blvd. Suite 375, San Antonio, TX 78258

FORT WORTH

Chris Armstrong . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Garvon, Garland, TX 75040

Jerry Smith

ASSOCIATE MEMBERS

H J Smith Automobiles

Scott Roth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017 W. Shakespeare Ave., Chicago, IL 60647

(dates announced at

Henry Silvia . . . . . . . . . . . . . 2700 W Cypress Creek Rd . Ste. A-101, Ft. Lauderdale, FL 33309

www.txiada.org)

The Reiver Group

Carbly

Equity Auto Finance Inc.

Innovation Financial Services

Steven Whitlock . . . . . . . . . . . . . . . 2001 Timberloch Pl, Suite 500, The Woodlands, TX 77380

MagiLoop

HOUSTON

Mobility Credit Union

April Hanson

Patterson & Associates Insurance

Coast to Coast Motors

Jason Wiley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 S. Terrace, Wichita, KS 67218 Charles Thomas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8384 N Belt Line Rd, Irving, TX 75063 Audrey Lawson . . . . . . . . . . . 2435 N. Central Expressway, Suite 1600, Richardson, TX 75080

Time to renew your dealer’s license?

Meeting – 2nd Tuesday (Monthly)

SAN ANTONIO Jose Engler Irving Motors Corp

visit TexasDealerEducation.com June 2022

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(dates announced at

www.txiada.org) 39

CO NT INUED F ROM PA GE 4 4

“It’s been growing. It’s been an issue for a long time. But right now, in the competitive market that’s out there, it is really challenging and everybody is kind of feeling the pain at this point.”

C R E AT I V E S O LU T I O N S Solutions run the gamut for dealers, from training their own mechanics to using matchmaking platforms to attract existing talent.

For his part, Goninen created the WrenchWay platform and app as a LinkedIn of sorts for auto dealers and qualified technicians to find each other.

It’s a modern, social-infused twist on the traditional job board.

“So many shops get themselves into trouble because they wait until they’re desperate to find somebody and it results in maybe poor hires. They don’t prioritize it,” he said.

“The ones doing a really good job right now are the ones that are getting out in front of it. They’re recruiting even when they don’t need somebody. They’re working on their hiring process or their strategies when they’re not desperate.”

Michael Mole, a partner of Integrity Auto Sales & Financing, which operates two locations in Savannah, Ga., actively recruits on Facebook for “the best auto technicians in Savannah.”

During a recent episode of The Independent Dealer podcast, Mole

explained his proactive approach to recruitment and shared an incentive strategy that works for him.

“I’m a big fan of signing bonuses,” Mole said. “If you’ve got a tech who’s in a good spot but wants to make the jump, that signing bonus can be the nudge that makes it worth it for him.”

Mole typically offers a signing bonus of $3,000 to $5,000, which he said is well worth the investment and is much better than being short-staffed.

He makes half of the signing bonus payable immediately. The tech receives the other half after 30 days.

“But then they sign a contract,” Mole said. “That entire bonus is prorated over 12 months. So if they leave before 12 months, they owe me the remainder of that back or I can withhold a paycheck. And I’ve never, never had that happen.”

The math works out for Mole, who said he knows that even with the signing bonus, he’ll make far more from their labor than he’s paying out during the 12 months of the contract.

“We’re in an arms race for technicians,” he said. “So my philosophy is, it’s expensive to have really good techs, but it’s even more expensive not to have them.”

To help alleviate that “arms race,” Mathis’ operation is working to reduce the time it takes to train qualified technicians in order to get more new candidates into the job market faster.

“WyoTech is hyper-focused on ninemonth programs to prepare tradesmen and women for entry-level positions at minimum,” Mathis said. “Our programs are structured with a full-time, eight-houra-day curriculum model supporting the industry with talent faster than a two-year or four-year school can offer.

“Our education has a focused approach in training mechanics to be job-ready in nine months with the skills they need for entry-level work. That allows our graduates an opportunity to enter the workforce three years faster than a fouryear education.”

Atkinson’s Automotive Apprenticeship Group offers what it calls a “modern apprenticeship program” which, he said, operates “like a two-year job interview.”

“We offer a turnkey solution that takes care of the recruitment, employment, salary, training and education, and mentored career support for the duration of the program,” Atkinson said. “On completion of the program, the dealer directly hires the apprentice with a full understanding of his or her skill level and personality.

“Competition for skilled technicians is fiercely competitive, and forwardthinking dealerships that find a different solution to successfully address the issue will gain a competitive advantage in their marketplace.”

6/22

CON TIN U E D O N PA G E 4 8

Visit us at booth # 606

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M AY 2 0 2 2

U C D M A G A Z I N E . CO M • W W W. N I A DA . CO M

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feature

Know Your Batting Average: The Performance Metrics Most Critical to Your Success

W

hat is your batting average on the sales floor?

Do you know which performance metrics are most critical to your success as an automotive sales professional today? In this article, I am going to cover how to measure your team’s success on the sales floor, what specific areas are the most critical to your performance, and what specific numbers you should be measuring.

Two Key Areas to Measure Sales Success:

The car industry has seen some drastic changes lately but when you think about it, when doesn’t it? We are constantly adapting and shifting the steps to selling a car with the market and consumer demands. But one thing never changes, and that is a salesperson’s ability to CONVERT and CREATE sales opportunities. There are two main areas to measure a salesperson’s success: inbound leads & opportunities outbound leads & opportunities

Converting Inbound Leads and Opportunities: Before the world had an abundance of online resources, shoppers had to physically get in their car, drive to the dealership and walk in to get a brochure. Remember those bulky things? If anybody wanted details about the vehicle they were interested in they had no choice but to visit the dealership. And that’s where we closed them! We worked our magic and put on the charm. Converting those walkins into buyers was key even if it took us 6 hours. And salespeople trained HARD on how to take someone from greeting to close.

But today, how many people are walking into your dealership? Think about it. Most shoppers are now online and on their phones.

So, while some salespeople might still pound their chest bragging about how many deals they closed in a given month — the real question should be, “how many leads did they have to talk to in order to close all those deals?” The real closers TODAY are those that can convert from online or a sales call — into the showroom.

And since data shows that shoppers aren’t even visiting more than two dealers before making a final decision, getting them to your showroom will often result in a sale.

Certainly, as time goes on more shoppers will eventually complete their entire purchase online. However, June 2022

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Featured Speaker Susan Gaytan

Director of Training & Engagement Alan Ram’s Proactive Training Solutions

people that are calling your dealership today will more than likely want to come in to see, touch, and drive the car, and will complete their purchase in the store.

Either way, you’ve got to get REALLY GOOD at those phone and online conversations with your inbound prospects. This is exactly the stage where most sales opportunities are lost today.

This is due to a) the abundance of choices your shoppers have today and b) salespeople don’t know what to say or are using strategies from twenty years ago. Getting really good at the words and getting more shoppers to show up means you have more opportunities to close. On the other hand, if you can’t even get them to show up then there IS NOTHING to close. This is where the goal line has moved.

Measuring Inbound Conversion Performance:

Here’s how to measure performance when it comes to converting inbound prospects and leads.

Let’s start with your conversion performance on sales calls.

T ake the total # of sales calls you took for one given month (example: 60) O ut of that total number, how many of those showed up at the dealership? (Example: 15) Your lead to show conversion rate is 25%. (15/60 = 25%).

The national industry average here is 36% which means that the average salesperson can get approximately one out of three shoppers to come into the dealership.

Getting really good at converting leads at this stage means knowing exactly what to say to be the most effective — and it’s everything else besides just making an appointment. The best salespeople know just how to differentiate themselves from their competition and they train and practice their word tracks daily.

Cultivating Opportunities with Outbound Sales:

Another area to measure a salesperson’s success is outbound sales opportunities. How much are you relying on your dealership’s inbound leads to sell cars? Do you come in every day to simply react and answer phone pops until you get a buyer? Or are you cultivating opportunities with proper follow-up, loyal repeat customers, and referrals?

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resource guide The TIADA Website: www.txiada.org

Members can log in with their username/password and access our Dealer Member Directory, Legislative Action Center, Compliance Consultation Service and much more. Register for all upcoming TIADA events online through the Calendar of Events, access our online membership application, find contact information for all our Local Chapters, and access many additional resources through our Knowledge Base.

License Renewal Certificate TexasDealerEducation.com

Texas Department of Motor Vehicles 888.368.4689 www.txdmv.gov

Why did SecureClose create INK?

Office of Consumer Credit Commissioner 800.538.1579 • occc.texas.gov Texas Comptroller

800.252.1382 • comptroller.texas.gov

NIADA

800.682.3837 • www.niada.com

REPOSSESSIONS

American Recovery Association 972.755.4755 www.repo.org or contact TIADA state office

FORMS

Burrell Printing

800.252.9154 www.burrellprinting.com

X

Think about how many opportunities you have to grow your business without having to rely on your dealership’s prospects. Every person you sell a car to knows at least a handful of people that are or will be in the market to buy a car, so why shouldn’t you be their trusted sales professional? And what about repeat business? Repeat customers close at a rate of 75% compared to 20% for fresh sales calls. The most successful salespeople in this industry spend their time between customers driving more of these specific activities, cultivating more opportunities. This is working smart. We call these salespeople “farmers.”

Measuring Outbound Sales Performance Success:

Here is a simple way to measure your success on outbound opportunities: T ake the total # of sales you had in a given month

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June 2022

O ut of those deals, how many were opportunities you created yourself? Repeat or referral business, or generated from social media?

Think about it. This is what makes a truly valuable salesperson and the true measure of success on the sales floor. If you were to leave the dealership tomorrow, how many sales opportunities would the dealership lose? Bottom line is that if you are thinking about being in this industry for more than a minute and want to make great money, work smart, and have customers coming to YOU — you won’t get it from waiting for the next sales call or walk-in. True success on the sales floor is measured by your value in creating & cultivating your own sales opportunities.

F ollow Up — are you keeping

track of your team’s follow-up on unsold deals? We always recommend having a third party (manager or CSS rep) make an additional call to uncover the main objection. These are your bebacks and they close at a higher rate than any other lead you have, don’t forget them.

It’s All In the Stats!

The best coaches in Major League Baseball and the NFL — scratch that — even high school level coaches know their players’ numbers and review them DAILY to ensure they are putting the right players in at every opportunity; they know each player’s goals, tackles, passes, runs, possessions. Just

like a coach on the field you’ve got to keep track of your team the same way to ensure that you have the right people managing your hottest inbound leads.

Think about how much money it costs your store to get all of those people to contact you. Thousands?

Tens of thousands? There is a price tag to each of those leads and your team needs to understand that it is a privilege to take those calls.

No matter what industry or business you are in today, the right performance numbers matter to ensure you are working smart.

Susan will be a featured speaker at the TIADA Conference & Expo on Monday, July 25, 2022. To register for this year’s conference, visit www.tiadaannualconference.com.

Performance Areas You Should Be Tracking as a Manager:

Sports teams meticulously measure each area of an athlete’s performance.

What is your team’s batting average?

Proper conversion, measurement, and tracking are critical in today’s retail car industry. Here are some critical performance indicators and areas that you should keep track of on your showroom floor: P hone Lead to Show % — getting shoppers to show up or commit.

O nline Lead to Show % — Don’t forget about your online chats and conversations — is your team converting effectively here?

T rade % of sales — sourcing more inventory is critical today and will attract more shoppers.

Does your team know how to drive more trades & purchases?

R epeat & Referral business

— how much does your team rely on fresh leads? Do they create their own opportunities?

B DC lead-to-show conversion

— BDCs tend to drive lots of appointments, but not always high conversions, inspect the calls and stats, ensure the leads are showing up.

June 2022

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Visit

BOOTH #409 durin g the TIADA Conference!

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behind the wheel Goal Number Four

A

s we continue our explanation of the association’s five-year strategic plan this month, we want to think about how the association builds on its success by diversifying its revenue segments. For us to remain effective as an association, it’s important for us to think carefully about the services, products, and programs we offer that are beneficial to our members.

You will notice in this fourth supporting goal a plan to improve our conference and increase our educational offerings to ensure that dealers are getting the most bang for their buck from the association. These are the central focus of this goal in our five-year strategic plan.

Goal #4 — Increase non-dues revenue by 2.5% annually and ensure that no segment of the non-dues revenue is greater than 50% of the total non-dues revenue.

B enchmark FY’21: $1,786,675 G oal FY’22: $1,831,341 G oal FY’23: $1,877,124 G oal FY’24: $1,924,052 G oal FY’25: $1,972,153 G oal FY’26: $2,021,456

STRATEGIC PLAN:

By Year-End FY’22

I ncrease conference by 25 dealer attendees allowing us to increase our exhibit hall by ten booths.

A dd a sponsorship opportunity for associate members to attend small dealer roundtable events in various geographic areas.

A llow associate members to sponsor four townhall style meetings.

D evelop a TIADA Legislative Day during the interim.

L aunch two new online education courses.

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Jeff Martin by

TIADA EXECUTIVE DIRECTOR

By Year-End FY’23

E valuate online education and increase programs and sponsorship opportunities as needed.

G row the current affinity programs by 10%.

C reate a “sponsored content” opportunity on our social media channels.

D evelop one new non-dues business plan to present to the board.

D evelop a compliance audit program for independent dealers.

I ncrease the IDEA Program sponsors.

By Year-End FY’24

B ased on evaluation of dealer roundtables and town hall meetings, hire a professional moderator and increase offerings.

I ncrease attendance and sponsorship at TIADA Legislative Day. I ncrease conference by 25 dealer attendees (350), allowing us to increase our exhibit hall by ten booths.

H arvest half of the investment income.

By Year-End FY’25

I ncrease our business partner program to generate $150,000 in affinity revenue.

E xplore investing in commercial real estate.

H arvest half of the investment income.

D evelop a business plan for creating a subsidiary for UBI.

By Year-End FY’26

A ssuming conference dealer attendance holds at 350, increase sponsorship levels for the annual conference.

I ncrease conference registration fees to reflect the market. Harvest half of the investment income.

Next month, we will wrap this up by discussing supporting goal number five.

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