Case No. 03-12993.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
May 11, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which counsel for the unsecured creditors committee (hereinafter “Movant”) served in connection with their application for compensation does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The stated deadline for filing objections, May 6, 2005, is only 15 days after the date of the notice and creditors are entitled to at least twenty (20) days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(b)(1).
b. The address of the clerk’s office to which objections should be mailed is incorrect. N.D. Ind. L.B.R. B-2002-2(c)(5).
c. The notice does not indicate that debtor’s counsel shall be served with a copy of any objections. See,
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.
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