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


IN THE MATTER OF: CHRISTOPHER PAUL ARNETT TERESA LYNN ARNETT, Debtors.

Case No. 04-11772.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 28, 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 for post-confirmation modification does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The notice differs from Local Bankruptcy Forms 3a and 3b, by omitting language those forms contain, so that it is not “substantially similar thereto.” N.D. Ind. L.B.R. B-2002-2(c).

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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