AFFIDAVIT OF JAMES N. TUREK, SR.
09/26/2007 233 Notice of Filing of of Affidavits Filed by Plasticon International, Inc. (RE: related document(s)185 Order Setting Hearing, ). (Kennedy, Ellen) (Entered: 09/26/2007)
Doc 233 OCR extract -
IN RE:
CASE NO. 07-50934
HON, WILLIAM S. HOWARD
CHAPTER 11
PLASTICON INTERNATIONAL, INC.
DEBTOR,
AFFIDAVIT OF JAMES N. TUREK, SR.
Comes the Affiant, James N. Turek, Sr., after being first duly sworn, and for his affidavit in support of the Debtor, Plasticon International, Ins.'s (the "Debtor"), Objection to the Motion of the United States Trustee to Appoint a Chapter 11 Trustee, states as follows:
1. My name is James N. Turek, Sr. I am the President and designated corporate representative of the Debtor (formerly known as Wicklund Holding Company).
2. I have reviewed the Motion filed by the United Status Trustee for the appointment of a Chapter I I trustee.
3. Having reviewed both the Trustee's documents and arguments, it is apparent to me that the issues surrounding my management of the Debtor has been and will continue to be a costly detour in this case.
4. Due to the increasing responsibilities that have been placed on me, have, on behalf of the Debtor, determined that I will step aside in my capacity as president and corporate representative of the Debtor.
5. I have, acting in my capacity as president and corporate representative of the Debtor, granted the Debtor's attorneys permission to pursue the appointment of a Chief Restructuring Officer,
6. It is my understanding Debtor's counsel has contacted William D. Bishop of Arcadia Consulting Services, to serve the company as its Chief Restructuring Officer.
7. It is my understanding that William D. Bishop of Arcadia Consulting Services has agreed to serve the Debtor in that capacity and that an Application to Employ a Chief Restructuring Officer for the Debtor will be filed in the record shortly.
8. I have no prior relationship, business or personal with William D. Bishop.
9, It is my understanding that a Chief Restructuring Officer will assume the duties previously held by me in managing this Debtor and its subsidiaries as well as taking this Debtor through the Chapter 11 process.
10. Further, I understand that on employment of a chief restructuring officer, I will not participate thither in the management of the Debtor, which includes as the designated corporate representative in this case, managing the finances of the Debtor or its subsidiaries, signing checks, or publicly representing the Debtor or its subsidiaries,
11. I will remain a creditor of the Debtor and a shareholder and my claims will be treated the same as those similarly situated to mine.
12. Not withstanding the Abstract of Title to United States Patent # 4942714, US D324643, US D500243, Can 1317474 (the "Patents") it is and always has been my belief that these patents are the property of the Debtor.
13. That, notwithstanding the Abstract of Title to the Patents, it is and always has been my belief that said patents are the property of Plasticon International, Inc.
14. That I intend to assist Debtor's counsel as necessary in transferring the Patents to Plasticon International, Inc. so that Plasticon International, Inc. becomes the title-holder of record of said Patents.
15. I have personal knowledge and am available to testify on behalf of the Debtor as needed in relation to the following:
a. The Debtor's relationship to and purchase of assets of Promotional Container, Inc.;
b. The ownership of the Patents;
c. The estimated value of the Patents;
d. The business and sales prospects of the Debtor;
e. . The viability of the company;
f. The products sold by Plasticon international, Inc., Pro Mold, Inc., Semco, Inc, and Ultimate Surface, LLC
g. Pending litigation flied on behalf of Plasticon and Promotional Containers.
16. It is my continued belief that this company can be reorganized and that there is a market for its product(s) it and those of its subsidiaries.
17. It is my opinion that a chief restructuring officer, working through counsel, can successfully reorganize this company as well as reorganize its subsidiary, Pro Mold, Inc, which is also under this court's jurisdiction.
18. I believe the appointment of a Chief Restructuring Officer in this case will eliminate the need for the Court to appoint a Chapter 11 Trustee,
Further Affiant sayeth naught.
Dated this 26 day of September, 2007.
James N. Turek, Sr |
