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).
From Doc 193
IN RE:
PLASTICON INTERNATIONAL, INC.
Case No. 07-50934
Debtor Chapter 11
MOTION FOR RELIEF FROM STAY
..................
Extracted from Doc 193-3
“EXHIBIT B”
EAGLE VIEW ONE, LLC
ONE EAGLE VIEW PLAZA
3288 EAGLE VIEW LANE, SUITE 300
LEXINGTON, KENTUCKY 40509-1851
August 15, 2007
James Turek, President
Plasticon International Inc.
3288 Eagle View Lane, Suite 290
Lexington, Kentucky 40509
Re: Payment of Lease
Dear Mr Turek:
This is written notice of the delinquency of your lease payment with regard to the Office Lease dated October 1, 2005. Please remit as soon as possible.
Best regards,
Melvin K. Drury
Managing Member
--------------------
EAGLE VIEW ONE, LLC
ONE EAGLE VIEW PLAZA
3288 EAGLE VIEW LANE, SUITE 300
LEXINGTON, KENTUCKY 40509-1851
August 15, 2007
James Turek, President
telcoBlue Inc.
3288 Eagle View Lane, Suite 240
Lexington, Kentucky 40509
Re: Payment of Lease
Dear Mr Turek:
This is written notice of the delinquency of your lease payment with regard to the Office Lease dated Feburary 13, 2006. Please remit as soon as possible.
Best regards,
Melvin K. Drury
Managing Member
-----
E-Mail exchange
Melvin K. Drury
From: Melvin K. Drury [mdrury@....]
Sent: Thursday, June 14, 2007 9:32 AM
To: ‘James N Turek, Sr.’
Subject: RE: rent
Thank you for the email. I will look out for them
-------------------------------
From: James N Turek, Sr [mailto:jturek@plasticonintl.com]
Sent: Wednesday, June 13, 2007 5:10 PM
To: mdrury@...
Subject: RE: rent
Mel,
I apologize for not getting a call out to you. I should have rent Friday or Monday at the latest.
James N Turek
---------------------------------
Melvin K. Drury
From: Melvin K. Drury [mdrury@....]
Sent: Thursday, July 19, 2007 1:17 PM
To: jpaynter
Subject: telcoBlue
Judy,
I got the rent check for Plasticon but not telcoBlue..please remit.
Thanks |
