Case No. 05-41269.United States Bankruptcy Court, N.D. Indiana, Hammond Division, Lafayette.
November 17, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which GMAC (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 relief requested in the motion differs from that stated in the notice of the motion.
b. The certificate of service accompanying the notice indicates that additional parties were served by reference to an attached list. No such list was attached. All creditors and parties in interest are entitled to notice of the abandonment of property from the bankruptcy estate. See, Fed.R.Bankr.P. Rule 6007.
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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