09/07/2007 193 Motion for Relief from Stay, filed by Eagle View One, LLC Fee Amount 150. Last day to file objections: 9/24/2007. (Attachments: # 1 Continuation of Main Document "Exhibit A" PART 1 OF 2# 2 Continuation of Main Document "Exhibit A" PART 2 OF 2# 3 Continuation of Main Document "Exhibit B"# 4 Proposed Order) (Dean, Leslie) (Entered: 09/07/2007)
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Doc 193
IN RE:
PLASTICON INTERNATIONAL, INC.
Case No. 07-50934
Debtor Chapter 11
MOTION FOR RELIEF FROM STAY
1. Eagle View One, LLC, a Kentucky LLC, ("EVO") respectfully moves this honorable Court for relief from the legally operative automatic stay.
2. EVO is the lessor of that certain commercial real estate lease with Plasticon International, Inc., debtor herein, said leased premises located on the second floor at 3288 Eagle View Lane, Suite 290, Lexington, Kentucky 40509. See said lease marked "Exhibit A."
3. Plasticon International, Inc. has not paid its August, 2007 rent payment of $5,662.50, and has not paid its September, 2007 rent payment of $5,662.50 at this time, total being $11,645.08. See "Exhibit B" attached.
4. EVO states in good faith that telcoBlue (entity of which occupies part of the second floor next to with Plasticon International, Inc. on said premises) may be affiliated to Plasticon International, Inc. and thus possibly intertwined with debtor's bankruptcy stay. To address that possibility, EVO states that telcoBlue has not paid its July or August, 2007 monthly rent payments further in the amount of $2,391.33 each month, and has not paid its September, 2007 payment at this time, totaling $7,64.89. See "Exhibit B" attached. It is necessary for EVO to take eviction (forcible detainer) and Page 2 of 2 other state court action against Plasticon International, Inc. and telCo Blue to recover possession of the premises and non-payment of rent/breach of contract remedies.
5. Wherefore, EVO respectfully requests this honorable Court for an order lifting the automatic stay so that EVO can take eviction/forcible detainer (to recover the premises) and other state court action (to recover remedies for breach of lease) against Plasticon International, Inc.
6. Movant further requests that any order granting this motion removes the provision for the ten (10) day stay permitted by Rule 4001(a)(3).
Respectfully submitted,
By: /s/ Leslie Dean________________
Leslie Dean
Leslie Dean, Atty. at Law, PSC
3288 Eagle View Lane, Suite 300
Lexington, KY 40509
Telephone: (859) 296-4575
Facsimile: (859) 296-4577
Email: ldean@LeslieDean.com
Attorney for Eagle View One, LLC
CERTIFICATE OF SERVICE:
I hereby certify that a true and correct copy of the foregoing was served via the Court’s CM/ECF system this 7th day of September, 2007 and mailed to:
1. Hon. Ellen Arvin Kennedy, Fowler, Measle & Bell, 300 W. Vine Street, Suite 600, Lexington, Kentucky 40507;
2. Hon. John P. Brice, Wyatt, Tarrant & Combs, LLP, 250 W. Main Street, Suite 1600, Lexington, Kentucky 40507;
3. U.S. Trustee, 100 E. Vine Street, Suite 500, Lexington, Kentucky 40507; and
4. Those persons/entities listed on the mailing matrix attached.
By: /s/ Leslie Dean________________
Counsel for Eagle View One, LLC |
