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


IN THE MATTER OF: DAVID EUGENE POGUE, SR. BONNIE ILENE POGUE Debtors.

Case No. 05-11815.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 9, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which debtors (hereinafter “Movants”) served in connection with their Motion for an Order Avoiding Lien on Exempt Property does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The notice does not state the date upon which the motion was filed. N.D. Ind. L.B.R. B-2002-2(c)(2).
b. The stated deadline for filing objections has been left blank. 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).

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. Movants 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.