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


IN THE MATTER OF: JOSEPH FRANKLIN WELLER AMY NICHOLE WELLER Debtors.

Case No. 03-15591.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
May 3, 2005

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

At Fort Wayne, Indiana, on May 3, 2005

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

a. The stated deadline for filing objections, April 29, 2005, is only 18 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 application and the opportunity to object thereto, the court cannot grant it at this time. Movant shall prepare and serve an Amended Notice of Application and Opportunity to Object which complies with N.D. Ind. L.B.R. B-2002-2 and file a 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 application being denied without prejudice and without further notice.

SO ORDERED.