IN MATTER OF AUBURN FOUNDRY, INC. (Bankr.N.D.Ind. 2005)

IN THE MATTER OF: AUBURN FOUNDRY, INC., Debtor.

Case No. 04-10427.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 23, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which Baker
Daniels, counsel for the debtor (hereinafter “Movant”) served in connection with its application for compensation does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. Based upon counsel’s certificate of service, all creditors and parties in interest have not been served with a copy of the notice, as required by Bankruptcy Rule 2002(a) and Local Bankruptcy Rule B-2002-2(d).

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

SO ORDERED.

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