Case No. 05-17570.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
March 21, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notices of motions and opportunity to object which debtor/name of company (hereinafter “Movant”) served in connection with her motions to avoid the liens of Sears Roebuck
Co., First Select, Platinum Financial Service Corp., and May Company do not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The certificate of service accompanying the notices indicates only that the notices were served on the trustee, U.S. Trustee and another attorney. They (and the motions) were 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 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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