Case No. 05-10794.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 31, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which debtors (hereinafter “Movant”) served in connection with their material modification of chapter 13 plan does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The notice does not adequately “state the relief sought” by the material modification. N.D. Ind. L.B.R. B-2002-2(c)(3).
Since creditors and parties in interest have not been given appropriate notice of the material modification and the opportunity to object thereto, the court cannot confirm the chapter 13 plan at this time. Movant shall prepare and serve an Amended Notice of Material Modification and Opportunity to Object which complies with N.D. Ind. L.B.R. B-2002-2 and file proof thereto within fourteen (14) days of this date. See, N.D. Ind. L.B.R. B-9013-4(a). The failure to do so will result in confirmation of the chapter 13 plan being denied without prejudice and without further notice.
SO ORDERED.
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