IN MATTER OF GORDON (Bankr.N.D.Ind. 2006)


IN THE MATTER OF: DAVID D. GORDON EDNA M. GORDON, Debtors.

Case No. 04-41571.United States Bankruptcy Court, N.D. Indiana, Hammond Division at Lafayette.
August 22, 2006

DECISION AND ORDER TO AMEND
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which debtors (hereinafter “Movant”) served in connection with their Motion to Sell .006 Acres to County of Tippecanoe Free and Clear of Liens does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The notice does not correctly state the date upon which the motion was filed. N.D. Ind. L.B.R. B-2002-2(c)(2). The motion was filed on July 19, 2006, while the notice refers to a motion filed on July 28, 2006.

Since creditors and parties in interest have not been given appropriate notice of the motion 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 thereof 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 motion being denied without prejudice and without further notice.

SO ORDERED.

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