IN MATTER OF GICK (Bankr.N.D.Ind. 2005)


IN THE MATTER OF: FRANK L. GICK DONNA L. GICK Debtors.

Case No. 01-40534.United States Bankruptcy Court, N.D. Indiana, Hammond Division Lafayette.
November 4, 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 application to sell 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 application or have a copy of the application attached to it.” N.D. Ind. L.B.R. B-2002-2(c)(4). Although the notice states that a copy of the application is attached to it, there is no attachment to the notice filed with the court.

Since creditors and parties in interest have not been given appropriate notice of the application and the opportunity to object thereto, the court cannot grant it at this time. Movant shall prepare and serve an Amended Notice of Motion 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 the applicaiton being denied without prejudice and without further notice.

SO ORDERED.