Case No. 06-40093.United States Bankruptcy Court, N.D. Indiana, Hammond Division.
July 10, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which debtor (hereinafter “Movant”) served in connection with her motion to avoid lien does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The notice was not served upon the lienholder, but upon an attorney who has not filed an appearance in the bankruptcy. This is not appropriate. In re Rae, 286 B.R. 675 (Bankr. N.D. Ind. 2002).
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.
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