IN MATTER OF SANDERS (Bankr.N.D.Ind. 4-27-2005)


IN THE MATTER OF: THURMAN R. SANDERS, JR. Debtor.

Case No. 99-40856.United States Bankruptcy Court, N.D. Indiana Hammond Division at Lafayette.
April 27, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which the trustee (hereinafter “Movant”) served in connection with its Motion to Distribute Funds does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The notice does not state the date upon which the motion was filed. N.D. Ind. L.B.R. B-2002-2(c)(2).
b. The notice does not adequately “state the relief sought” by the motion. N.D. Ind. L.B.R. B-2002-2(c)(3).
c. The stated deadline for filing objections, April 20, 2005, is only nineteen (19) days after the date of the notice and creditors are entitled to at least twenty (20) days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(b)(1).

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 a 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 motion being denied without prejudice and without further notice.

SO ORDERED.

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