IN MATTER OF LETNER (Bankr.N.D.Ind. 2005)


IN THE MATTER OF: SHANNON A. LETNER ANDREA K. LETNER, Debtors.

Case No. 05-12914.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
November 10, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

At Fort Wayne, Indiana, on November 10, 2005.

The notice of motion and opportunity to object which Washington Mutual Bank (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 stated deadline for filing objections, September 18, 2005, is prior to the date the notice was dated and served and creditors are entitled to at least fifteen (15) days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(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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