Case No. 05-17287.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
March 14, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on March 14, 2006.
The notice of motion and opportunity to object which debtor (hereinafter “Movant”) served in connection with its Motion to Avoid Judicial Lien does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The notice does not “contain a brief summary of the ground for the motion or have a copy of the motion attached to it.” N.D. Ind. L.B.R. B-20022-(c)(4).
b. The notice of the opportunity to object to it were served not upon the lienholder, but upon an attorney who has not filed an appearance in the bankruptcy. This is not appropriate. In re Rae, 286 B.R. 675
(Bankr. N.D. Ind. 2002).
Since this is the second time that creditors and parties in interest have not been given appropriate notice of the motion and the opportunity to object thereto, the motion is DENIED, without prejudice to resubmission.
SO ORDERED.
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