59. On April 24, 2007 the attorneys for Plasticon and Pro Mold contacted the attorneys for Pro Plas and reported that a check for $125,000 was being received by Pro Mold from Plasticon via Federal Express on April 25, 2007.
60. The attorneys for Pro Plas requested a copy of that check when it was received by Pro Mold.
61. As of this date, a copy of that check has not been received.
62. The parties were unable to resolve this matter.
63. On May 10, 2007 Plasticon and/or Pro Mold filed a Motion for Temporary Restraining Order in the Circuit Court of St. Louis County, Missouri (“Second TRO”).
64. One of the Exhibits attached to the Second TRO Motion was a letter from Big Apple
Consulting USA, Inc. addressed to Jim Turek at Plasticon.
65. The letter had previously been given to Pro Plas to assure Pro Plas that Plasticon was selling additional stock to make the April 1, 2007 principal payment to Pro Plas.
66. On May 11, 2007 the Circuit Court of St. Louis County, Missouri denied all requests in the Motion for TRO except the Court ordered “Murphy and anyone acting in concert with Murphy is hereby enjoined from conducting a public sale of collateral on 5/18/07 upon Pro Mold & Plasticon’s posting of a bond, payable to the registery of the court, in the amount of $875,000, and until such time as the court may issue further order. Plasticon’s Motion to Intervene is hereby granted.”
67. Plasticon and/or Pro Mold failed to post the $875,000 bond.
68. Plasticon and Pro Mold threatened to file Chapter 11 in Wyoming or Kentucky and did file this case in Kentucky.
Bankruptcy Petition #: 07-50934-wsh Debtor Plasticon International, Inc.
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