Case No. 04-10427.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
September 26, 2006
DECISION AND ORDER TO AMEND
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which trustee (hereinafter “Movant”) served in connection with its joint motion for distribution 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 August 24, 2006, while the notice refers to a motion filed on August 25, 2006.
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