Case No. 05-15869.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
December 7, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on
The notice of motion and opportunity to object which Wells Fargo Bank, N.A. (hereinafter “Movant”) served in connection with its Joint Motion for Relief from Automatic Stay and Abandonment of Real Estate does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The stated deadline for filing objections, November 11, 2005, is same as the date on which the notice was dated and served, which does not give creditors fifteen (15) days notice of the opportunity to file objections to which they are entitled. N.D. Ind. L.B.R. B-20022-(b)(1).
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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