Case No. 04-41618.United States Bankruptcy Court, N.D. Indiana, Hammond Division at Lafayette.
June 21, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which debtors (hereinafter “Movant”) served in connection with their modification of the proposed chapter 13 plan 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 modification was filed. N.D. Ind. L.B.R. B-2002-2(c)(2). The modification was filed on February 3, 2005, while the notice refers to a modification filed on February 2, 2005
Since creditors and parties in interest have not been given appropriate notice of the modification and the opportunity to object thereto, the court cannot approve it at this time. Movant shall prepare and serve an Amended Notice of Modification 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 proposed chapter 13 plan being denied without prejudice and without further notice.
SO ORDERED.
West Page 436