Opinion
23-22048-pes
05-01-2024
In Re: James Anthony Toren, Debtor.
Chapter 7 (Previously, 13)
ORDER DENYING MOTION TO PROCEED
Paul E. Singleton, United States Bankruptcy Judge
The Court issued a notice of noncompliance. [DE 52.] The notice explained that Debtor James Anthony Toren did not list his unpaid debts in accordance with Fed. R. Bank. P. 1019(5). Toren responded with a "Motion to Proceed." [DE 57.] The motion explains, "Debtor has no additional debts besides the previously listed in the Chapter 13 filing." Here, it does not appear the Toren is seeking relief. To the extent relief is sought, it is deficient for the following reasons:
(1) It does not state with particularity the order or relief sought and the grounds for the motion. N.D. Ind. L.B.R. B-9013-1(a); In re Cowan, No. 05-60028 JPK, 2006 Bankr. LEXIS 1745, at *2 (Bankr. N.D. Ind. Aug. 3, 2006); In re Minton, No. 05-18767, 2006 Bankr. LEXIS 4269, at *6 (Bankr. N.D. Ind. Feb. 13, 2006).
(2) It does not contain a separate supporting brief. N.D. Ind. L.B.R. B-7007-1(a); In re King, No. 06-40146, 2006 Bankr. LEXIS 1416, at *2 (Bankr. N.D. Ind. June 21, 2006)
(3) It does not include a form of order. N.D. Ind. L.B.R. B-9013-1(c); In re Jenkins, 406 B.R. 817, 820 (Bankr. N.D. Ind. 2009).
Accordingly, to the extent the motion to proceed seeks relief, it is denied without prejudice.
SO ORDERED.