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IN RE PATTERSON

Bankruptcy No. 05-31589-svk. Adversary No. 10-02225.

444 B.R. 564 (2011)

In re Don E. PATTERSON and Diane M. Patterson, Debtors. Don E. Patterson and Diane M. Patterson, on behalf of themselves and others similarly situated, Plaintiffs, v. Homecomings Financial, LLC, Defendant.

United States Bankruptcy Court, E.D. Wisconsin.

February 23, 2011.

Attorney(s) appearing for the Case

Jordan M. Lewis , Siegel Brill, P.A., Minneapolis, MN, Michael J. Watton , Milwaukee, WI, for Plaintiffs.

J. Matthew Goodin , Thomas J. Cunningham , Locke Lord Bissell & Liddell LLP, Chicago, IL, for Defendant.

MEMORANDUM DECISION ON MOTION TO DISMISS

SUSAN V. KELLEY, Bankruptcy Judge.

In this adversary proceeding, Don and Diane Patterson (the "Debtors"), on behalf of themselves and others similarly situated, sued their mortgage servicer, Homecomings Financial, LLC ("Homecomings"), for violating the automatic stay of 11 U.S.C. § 362. Homecomings has filed a Motion to Dismiss the Debtors' Complaint for failing to state a claim. After briefing and a hearing...

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