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


IN THE MATTER OF: FRANCIS EUGENE BELL ANGELA GALE BELL Debtors.

Case No. 06-10045.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
April 11, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which Monument Street Funding II, LLC (hereinafter “Movant”) served in connection with its motion for relief from stay and abandonment does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The address of the clerk’s office where interested parties may obtain a copy of the motion and to which objections should be mailed is not included in the notice. N.D. Ind. L.B.R. B-2002-2(c)(5).

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.

Page 1