Case No. 04-41426.United States Bankruptcy Court, N.D. Indiana, Hammond Division at Lafayette.
June 15, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on June 15, 2005.
The notice of motion and opportunity to object which Honda Finance (hereinafter “Movant”) served in connection with its agreed entry for relief from stay and abandonment does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:
a. The notice does not “contain a brief summary of the ground for the motion or have a copy of the motion attached to it.” N.D. Ind. L.B.R. B-2002-2(c)(4).
b. The notice does not state the date the motion
was filed. Rather, the notice refers to an agreed entry filed on April 25, 2005. The request the court acts on is the motion that has been filed, see,
Fed.R.Bankr.P. Rule 9013, not the agreed entry the court is asked to approve.
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 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.