Case No. 06-10474.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
June 8, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on June 8, 2006.
The notice of motion and opportunity to object which Vanderbilt Mortgage and Finance, Inc., (hereinafter “Movant”) served in connection with its motion for relief from stay does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The notice does not correctly state the date upon which the motion was filed. N.D. Ind. L.B.R. B-2002-2(c)(2). The motion was filed on May 11, 2006, while the notice refers to a motion filed on May 10, 2006.
b. The notice states the that motion was filed by Vanderbilt Mortgage and Finance, Inc., and the debtor, yet the court notes that the motion that was filed is not signed by the debtor.
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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