Case No. 05-17069.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
February 1, 2006.
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on
The notice of motion and opportunity to object which debtor (hereinafter “Movant”) served in connection with its Motion to Avoid Security Interest in Exempt Property Under § 522(f) 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 December 29, 2005, while the notice refers to a motion filed on December 28, 2005.
b. The notice was issued and served before the motion was filed. Can the opportunity to object to particular relief begin to run before that relief is requested? Could a defendant’s obligation to answer a complaint arise before suit is filed?
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 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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