IN MATTER OF PEARSON (Bankr.N.D.Ind. 2006)


IN THE MATTER OF: THEODIS PEARSON PATRICIA ANN PEARSON, Debtors.

Case No. 05-18457.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
March 2, 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 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, 2005, 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 this is the second time that creditors and parties in interest have not been given appropriate notice of the motion and the opportunity to object thereto, the motion is DENIED, without prejudice to resubmission.

SO ORDERED.

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