IN MATTER OF VANLANDINGHAM (Bankr.N.D.Ind. 2005)


IN THE MATTER OF: BRET L. VANLANDINGHAM FELICIA J. VANLANDINGHAM Debtors.

Case No. 05-14416.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
December 19, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

At Fort Wayne, Indiana, on December 19, 2005.

The notice of motion and opportunity to object which Mazada American Credit (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. The notice does not correctly state the date upon which the motion was filed. N.D. Ind. L.B.R. B-2002-2(c)(2). The motion was filed on November, 2005, while the notice refers to a motion filed on October 16, 2005
b. The stated deadline for filing objections, December 5, 2005, is only nineteen (19)days after the date of the notice and creditors are entitled to at least twenty (20)days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(b)(1).

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.

Page 1