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IN RE JOHNSON

United States Bankruptcy Court, E.D. Michigan, Southern Division.
Nov 22, 2010
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ORDER DENYING, WITHOUT PREJUDICE, DEBTOR'S MOTION FOR VALUATION OF SECURITY (DOCKET # 18)

THOMAS TUCKER, Bankruptcy Judge

This case is before the Court on a motion filed by Debtor entitled "Motion for Valuation of Security" (Docket # 18, the "Motion"). On October 27, 2010, Debtor filed a Certification of Non-Response (Docket # 28), indicating that no one had filed an objection to the Motion.

On October 31, 2010, Debtor's counsel submitted a proposed order granting the Motion. In response, on November 1, 2010, the Court Clerk e-mailed to Debtor's counsel the following message from the undersigned judge:

Judge Tucker has reviewed the proposed order and related pleadings and has the following message for you:
Message:
There's a problem with the certificate of service for this motion (which is the 7th and last page of Docket # 18). It says only that the Debtor's proposed Chapter 13 plan was served; it says nothing about service of this motion or its 14-day notice on anyone. If you actually served this motion and the accompanying 14-day notice, please file a corrected certificate of service ASAP. If you did not serve these things, you'll have to do that now and file a certificate of such service. Thanks.

To date, Debtor's attorney has done nothing to rectify these problems. For this reason,

IT IS ORDERED that the Motion (Docket # 18), is denied, without prejudice.

Signed on November 22, 2010