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


IN THE MATTER OF: CLIFFORD DWAINE HANSEN, Debtors.

Case No. 03-40889.United States Bankruptcy Court, N.D. Indiana, Hammond Division.
July 11, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

Debtor’s motions to avoid the liens of Capital One Bank and Ford Motor Credit Company filed on June 14, 2006 are DENIED, without prejudice. The motions fail to sufficiently identify or describe the property debtor seeks to free from the creditor’s liens.[1] As such, they fail to comply with the requirements of Bankruptcy Rule 9013 which requires motions to “state with particularity” both the grounds for the motion and the order or relief sought.

SO ORDERED.

[1] Not only is the motion deficient, but the debtor has also failed to give creditors and parties in interest proper notice of the motion and opportunity to object thereto. The notice does not state the date upon which the motion was filed, N.D. Ind. L.B.R. B-2002-2(c)(2), does not adequately “state the relief sought” by the motion, N.D. Ind. L.B.R. B-2002-2(c)(3), and does not “contain a brief summary of the ground for the motion or have a copy of the motion attached to it,” N.D. Ind. L.B.R. B-2002-2(c)(4). In addition, the post office box provided for the clerk’s office to which objections should be mailed is incorrect.

Page 1