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


IN THE MATTER OF: DaSHA DeSHANDRA TRICE, Debtor.

Case No. 05-13638.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
July 11, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

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

a. Based upon counsel’s certificate of service, all creditors and parties in interest have not been served with a copy of the notice as required by the Federal Rules of Bankruptcy Procedure. See, e.g.Fed.R.Bankr.P. Rule 2002(a), 3015(g), 6007; N.D.Ind.L.B.R. B-2002(d).

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.

Page 1