IN RE PATRICK

Bankruptcy No. 5-04-bk-51796, Adversary No. 5-05-ap-50085.

344 B.R. 56 (2005)

In re Eileen PATRICK and Robert Patrick, Debtors. Eileen Patrick, on behalf of herself and all others similarly situated, Kurt Underkofler, on behalf of himself and all others similarly situated and Susan A. Helsel, on behalf of herself: and all others similarly situated, Plaintiffs, v. Dell Financial Services, L.P., Dell, Inc., trading or doing business as, and/or, formerly known as, Dell Computer Corporation, CIT Group, Inc., Newcourt Credit Group, Inc. now by merger, acquisition or purchase CIT Group, Inc., and Tyco International, Ltd/Ber, also known as, Tyco International, Ltd., also known as Tyco International (US), Inc., Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

December 8, 2005.


Attorney(s) appearing for the Case

Michael G. Oleyar, Hazleton, PA, for Debtors.


OPINION

JOHN J. THOMAS, Bankruptcy Judge.

The Plaintiff/Debtors have brought this proposed class action to redress what is perceived to be a course of conduct by Dell Financial Services, L.P. (DFS)1 in filing proofs of claims in bankruptcies as secured without attaching necessary copies of the documentation, as required by Official Form 10. The Plaintiff/Debtors further advance that DFS filed claims as secured having reason...

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