Case No. 09-79637.United States Bankruptcy Court, E.D. Michigan, Southern Division.
October 15, 2010
ORDER DENYING MOTION WITHOUT PREJUDICE
THOMAS TUCKER, Bankruptcy Judge
On September 24, 2010, Debtor filed a motion entitled “Debtors’ Motion to Incur Debt and Retain 2009 Tax Refund” (Docket # 46, the “Motion”). The Motion is defective because it seeks more than one type of relief, each with differing requirements regarding notice, service and non-response certification. That part of Debtor’s Motion seeking authority to retain the 2009 tax refund is considered a plan modification pursuant to Guideline 6 and requires certain supporting documents. Additionally, a plan modification requires a 21-day notice (and here, only a 14-day notice was served,) while a motion to incur debt requires a 14-day notice. Accordingly,
IT IS ORDERED that the Motion is denied in its entirety, without prejudice.
Signed on October 14, 2010