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


IN THE MATTER OF: TIMOTHY JOE SHAKE ELIZABETH ANN SHAKE, Debtors.

Case No. 06-10124.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
May 24, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which debtors (hereinafter “Movant”) served in connection with its modification does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The notice is not accompanied by a copy of the court’s order authorizing notice to creditors and establishing deadlines for filing objections. N.D. Ind. L.B.R. B-2002-2(e).

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 thereof 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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