Case No. 04-15516.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
June 10, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The notice of motion and opportunity to object which HomeComings Financial Network (hereinafter “Movant”) served in connection with its agreed entry for relief from stay and to abandon real estate filed on April 25, 2005, 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 agreed entry was filed. N.D. Ind. L.B.R. B-2002-2(c)(2). The agreed entry motion was filed on April 25, 2005, while the notice refers to an agreed entry filed on May 12, 2005
b. The stated deadline for filing objections, May 11, 2005, is prior to the date the notice was served and creditors are entitled to at least fifteen (15) days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(b)(1).
Since this is the second time that creditors and parties in interest have not been given appropriate notice and the opportunity to object thereto, the agreed entry will not be approved until such time as a motion to approve it is filed and properly noticed to all creditors.
SO ORDERED.