Case No. 04-12584.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
June 21, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which CNH Capital America, LLC (hereinafter “Movant”) served in connection with its motion to approve stipulation for relief from automatic stay 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).
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.
Page 1