09/28/2007 239 Motion to Shorten Time to Application to Employ Chief Restructuring Officer, filed by Plasticon International, Inc. (RE: related document(s)237 Application to Employ, ). Hearing scheduled for 9/28/2007 at 02:30 PM at Lexington Courtroom, 3rd Floor. (Attachments: # 1 Proposed Order Granting Shortened Notice of Hearing of Emergency Motion) (Kennedy, Ellen) (Entered: 09/28/2007)
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Doc 239
IN RE:
PLASTICON INTERNATIONAL, INC.
Debtor.
Case No. 07-50934
Judge William S. Howard
Chapter 11
MOTION TO SHORTEN NOTICE FOR APPLICATION TO EMPLOY CHIEF
RESTRUCTURING OFFICER
Comes Plasticon International, Inc., through counsel, respectfully move this Court for an order shortening the notice period for hearing the Application to Employ Chief Restructuring Officer (”Emergency Motion”). In support of this Motion, the Debtor states as follows:
1. The Debtor has filed the foregoing Emergency Motion contemporaneously with this Motion.
2. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. The Emergency Motion concerns the administration of the Debtor’s estate and is, therefore,
a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A).
3. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409.
4. By this Motion, the Debtor seeks to have the Court shorten the notice period for the Emergency Motion to be heard Friday, September 28, at 2:30 p.m., United States Bankruptcy Court for the Eastern District of Kentucky, 100 East Vine Street, 3rd Floor, Lexington, Kentucky.
5. It is necessary and appropriate that the Court shorten the notice applicable to the Motion in that the hearing on the Motion is a preliminary one and opportunity will exist for parties to file objections to same.
6. Pursuant to Bankruptcy Rule 9006(c), cause exists for the Court to reduce the notice in the manner requested herein, due to (i) the Debtor’s immediate need to obtain the relief sought in the Emergency Motion; (ii) the nature of the relief requested in the Emergency Motion; and (iii) the absence of injury to any party that does not receive notice as all potential interests will be adequately represented by those parties who received notice.
WHEREFORE, the Debtor requests that this Court grant the relief sought herein by (i) allowing the Emergency Motion; (ii) determining that the notice period is appropriate in these circumstances; and (iii) granting such other and further relief as the Court deems just and proper.
NOTICE
PLEASE TAKE NOTICE that the foregoing will be brought on for a hearing before the Honorable William S. Howard at the United States Bankruptcy Court, 100 E. Vine Street, Third Floor, Lexington, Kentucky on September 28, 2007 at 2:30 p.m. or soon thereafter as counsel may be heard.
Respectfully Submitted,
FOWLER MEASLE & BELL PLLC
/s/ Ellen Arvin Kennedy
Ellen Arvin Kennedy, Esq.
Timothy A. West, Esq.
300 West Vine Street, Suite 600
Lexington, KY 40507-1660
(859) 252-6700
(859) 255-3735 fax
EAKennedy@FowlerLaw.com
TWWest@FowlerLaw.com
ATTORNEYS FOR DEBTOR,
PLASTICON INTERNATIONAL, INC.
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served this the 28th day of September, 2007, electronically in accordance with the method established under this Court’s CM/ECF Administrative Procedures and Standing Order dated July 25, 2002 upon all parties in the electronic filing system in this case and was served upon those listed on the Master Service List No. 1, by first class postage paid mail, electronic service or via email.
/s/ Ellen Arvin Kennedy
ATTORNEY FOR DEBTOR |
