Case No. 05-11819.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
May 20, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on May 20, 2005.
The notice of motion and opportunity to object which Wells Fargo Financial Acceptance (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 notice 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).
b. 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 incorrect. 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 a 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