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


IN THE MATTER OF: JONATHAN E. ZARYCH LINDA S. ZARYCH, Debtors.

Case No. 05-42188.United States Bankruptcy Court, N.D. Indiana, Hammond Division Lafayette.
April 19, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which Household Automotive Finance Corporation (hereinafter “Movant”) served in connection with its motion 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 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 March 21, 2006, while the notice refers to a motion filed on March 24, 2006.
b. The certificate of service accompanying the notice indicates that additional parties were served by reference to an attached list. No such list was attached.

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.

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