Case No. 05-18457.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
January 27, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which CIT Group (hereinafter “Movant”) served in connection with its Application for Abandonment and Relief from Automatic 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 January 12, 2006, while the notice refers to a motion filed on January 13, 2006.
b. The notice does not adequately “state the relief sought” by the motion. N.D. Ind. L.B.R. B-2002-2(c)(3).
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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