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


IN THE MATTER OF: DIANA L. BAKER Debtor.

Case No. 05-12963.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
February 15, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

At Fort Wayne, Indiana, on February 15, 2006.

The notice of motion and opportunity to object which debtor (hereinafter “Movant”) served in connection with its 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 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 January 10, 2005, while the notice refers to a motion filed on January 11, 2005.

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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