Legal Opinion
Patrick v. Dell Financial Services, L.P. (In Re Patrick)
United States Bankruptcy Court, M.D. Pennsylvania
Decided December 8, 2005No. Bankruptcy No. 5-04-bk-51796, Adversary No. 5-05-ap-50085PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JOHN J. THOMAS, Bankrucpty 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 to believe that the claims were, in fact, unsecured. Plaintiff/Debtors suggest that DFS’ conduct was done knowingly so as to secure a greater distribution from the debtor’s…
2Cases cited15 opinions
- Alexander v. SandovalSupreme Court of the United States · 2001
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- In Re: Continental AirlinesCourt of Appeals for the Third Circuit · 2000
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3Cited by2 opinions
- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Boltz-Rubinstein v. BAC Home Loans Servicing/Bank of America, N.A. (In re Boltz-Rubinstein)United States Bankruptcy Court, E.D. Pennsylvania · 2017