PNC Bank, National Association v. Viewpoint Global LLC
- Eric Tostrud
- 0:25-cv-00903
- U.S. District Court · District of Minnesota
- 9
In PNC Bank, National Association v. Viewpoint Global LLC, Judge Tostrud granted PNC Bank's motion for default judgment against Viewpoint Global LLC and its owner Andrew Arumba for failing to make loan payments on seven trailers, awarding PNC $153,754.67 and ordering the defendants to surrender the trailers.
Businesses and individuals who finance equipment purchases and fall behind on loan payments, lenders seeking to recover collateral and unpaid loan balances through court proceedings, and personal guarantors of business loans who may be held individually liable when the business defaults.
What happened
In PNC Bank, National Association v. Viewpoint Global LLC, PNC Bank sued Viewpoint Global LLC and its sole owner Andrew Arumba after Viewpoint stopped making monthly payments in August 2024 on a financing agreement for seven trailers. PNC had loaned money for the trailers, held a recorded security interest in them, and Mr. Arumba had personally guaranteed the loan. Neither Viewpoint nor Mr. Arumba responded to the lawsuit, leading the court clerk to enter a formal default against them.
Because the defendants defaulted, the court accepted the factual allegations in PNC's complaint as true and evaluated whether those facts legally supported PNC's claims. Judge Tostrud found that the facts established valid claims for breach of contract against Viewpoint, breach of the personal guaranty against Mr. Arumba, and a right to repossess the trailers under Minnesota's secured-transactions law. The court then reviewed each category of damages PNC requested, including the discounted remaining loan payments, interest, attorney fees from two law firms, and a $50 insufficient funds fee.
Judge Tostrud granted PNC Bank's motion for default judgment in full, though he made a small downward adjustment to the prejudgment interest calculation, resulting in a total award of $153,754.67 rather than the $153,773.14 PNC had requested. The court also ordered Viewpoint and Mr. Arumba to immediately hand over the seven trailers, authorized PNC to seize the trailers if the defendants do not comply, and permitted PNC to sell or lease the trailers. PNC's attorneys were ordered to mail a copy of the ruling to the defendants.
The detailed version
This is a breach-of-contract and replevin (repossession of personal property) action in the U.S. District Court for the District of Minnesota.
Parties
- Plaintiff: PNC Bank, National Association, successor by merger to PNC Equipment Finance, LLC, doing business as Hyundai Translead Trailer Finance. - Defendants: Viewpoint Global LLC and Andrew Arumba, Viewpoint's sole member and personal guarantor.
Background Facts (taken as true due to default)
On or about April 19, 2021, PNC and Viewpoint entered into a financing agreement under which PNC financed Viewpoint's purchase of seven Hyundai Composite Dry Van Trailers. Viewpoint agreed to make 72 consecutive monthly payments of $3,807.59 plus taxes. PNC obtained and perfected a security interest (a lender's legal claim on specific property to secure repayment) in the trailers by recording liens on the trailers' certificates of title. Mr. Arumba executed a personal guaranty of Viewpoint's obligations. In August 2024, Viewpoint failed to make a loan payment, triggering a default. Upon default, the financing agreement allowed PNC to accelerate the debt — that is, demand all remaining amounts due immediately — with future payments discounted at the higher of 3% or the lowest rate allowed by law.
Procedural History: PNC filed its complaint on March 12, 2025, and an amended complaint on March 19,
- The defendants were served on April 14,
- After a court order directed PNC to notify defendants of their obligation to respond, they still did not respond. The Clerk entered default on July 10,
- PNC moved for default judgment the next day.
Legal Analysis
Default Judgment Standard: When a party defaults, the court accepts the complaint's factual allegations as true (except for damages amounts) and determines whether those facts constitute a legitimate legal claim. If they do, the court then determines the actual amount of damages.
Breach of Contract and Guaranty: Under Minnesota law, breach of contract requires (1) formation of a contract, (2) plaintiff's performance of any conditions it needed to satisfy first, and (3) defendant's breach. All elements were met: the financing agreement was a valid contract, PNC performed by financing the purchase, and Viewpoint breached by failing to pay. The guaranty is enforced the same way. The court noted that although the financing agreement contained a Pennsylvania choice-of-law clause and forum-selection clause, the defendants waived those defenses by failing to appear. The court applied Minnesota law but noted no material difference between Minnesota and Pennsylvania law on these points.
Repossession (Minnesota Statute § 336.9-609): A secured party (a lender with a recorded security interest) may take possession of collateral after default, either through judicial process or without it if done peacefully. The court found PNC is entitled to judicial repossession of the trailers.
Damages Calculation
| Category | Requested | Awarded |
|---|---|---|
| Principal (34 remaining payments, discounted at 3%) | $123,960.33 | $123,960.33 |
| Prejudgment interest (18% per annum from Aug. 1, 2024) | $24,409.34 | $24,390.87 |
| Messerli & Kramer attorney fees and costs | $3,843.47 | $3,843.47 |
| Darcy & Devassy attorney fees | $1,510.00 | $1,510.00 |
| Insufficient funds (NSF) fee | $50.00 | $50.00 |
| Total | $153,773.14 | $153,754.67 |
The small reduction in prejudgment interest resulted from a corrected per diem (daily) rate calculation: the court computed $61.13/day rather than PNC's stated $61.33/day, and extended the calculation through September 4, 2025 (399 days from the August 1, 2024 default), rather than September 3, 2025 (398 days).
Attorney fee awards were evaluated for reasonableness. Terrance J. Wagener of Messerli & Kramer billed $300/hour for 10.7 hours — a rate previously approved in a similar case in this district. C. Randall Woolley of Darcy & Devassy billed $295/hour, and two paralegals billed $145/hour — also found reasonable based on prior approvals in this district.
Order:
- Default judgment granted against both Viewpoint Global LLC and Andrew Arumba.
- Judgment entered in the amount of $153,754.67.
- Defendants ordered to immediately deliver and surrender all seven trailers (identified by vehicle identification number).
- If defendants fail to deliver, PNC or its agent may seize the trailers.
- PNC may sell or lease the trailers at public or private sale.
- PNC's counsel must mail a copy of the order to defendants by both regular and certified mail.
Judge
Eric C. Tostrud, United States District Court (District of Minnesota). Dated September 4, 2025.
Reviewer note from the AI+
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.