11/01/2007 273 Motion to Shorten Time to for Notice of Hearing on Motion by Murphy Entities to Convert Case to Proceeding Under Chapter 7, filed by Creditor 10315, LLC; Creditor John P. Murphy III Revocable Trust No. 1; Creditor John P. Murphy, III; Creditor Pro Plas, LLC (RE: related document(s)272 Motion to Convert Case from 11 to 7 filed by Creditor John P Murphy, Creditor Pro Plas LLC, Creditor John P. Murphy III Revocable Trust No 1, Creditor 10315 LLC). Last day to file objections: 11/16/2007. (Attachments: # 1 Proposed Order) (Smotkin, Howard) (Entered: 11/01/2007)
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Doc 273
In Re:
Case No. 07-50935
Judge William S. Howard
PRO MOLD, INC.,
Chapter 11
Debtor.
MOTION FOR EXPEDITED HEARING AND TO SHORTEN NOTICE FOR HEARING ON MOTION BY THE MURPHY ENTITIES TO CONVERT CASE TO A PROCEEDING UNDER CHAPTER 7
Creditors the John P. Murphy, III Revocable Trust No. 1; Pro Plas, LLC, a Missouri limited liability company; 10315, LLC, a Missouri liability company; and John P. Murphy, III (collectively the "Murphy Entities"), hereby move this Court for entry of an order setting an expedited hearing on the Motion by the Murphy Entities to Covert Case to a Proceeding Under Chapter 7 (the "Conversion Motion") and shortening the time for notice thereon. In support of this motion the Murphy Entities respectfully state:
1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §1334 and 28 U.S.C. §157.
2. Debtor filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code on May 16, 2007, and operated as a Debtor in Possession pursuant to 11 U.S.C. §§ 1107(a) and 1108 until a Chapter 11 Trustee was appointed on October 3, 2007.
3. The Murphy Entities are creditors and parties in interest.
4. Collectively, the Murphy Entities are owed in excess of $1.5 million by Debtor Pro Mold.
5. Contemporaneously, with the filing of this Motion, the Murphy Entities filed the Conversion Motion.
6. As set forth in the Conversion Motion, Debtor Pro Mold's financial condition continues to deteriorate and cause exists to convert this case from a Chapter 11 to a Chapter 7.
7. Currently, a hearing is set for November 19, 2007 at 2:00 P.M. on certain motions for relief filed by the Murphy Entities as to Debtor Pro Mold and the related case of In re Plasticon International, Inc., USBC-EDKY Case No. 07-50934.
8. The Murphy Entities respectfully request that the Conversion Motion be set on the same day at the same time, November 19, 2007 at 2:00 P.M. for purposes of judicial economy.
9. In addition, having the Conversion Motion heard at the same time will avoid needless expense to Debtor Pro Mold, the Trustee, and the Murphy Entities.
10. The Murphy Entities will provide notice of this request and the Conversion Motion as required under the CM/ECF Administrative Procedures Manual and the Local Court Standing Order dated July 25, 2002.
WHEREFORE, the Murphy Entities respectfully request that this Honorable Court:
(i) sustain this Motion:
(ii) enter an order scheduling a hearing on the Murphy Entities Conversion Motion for Monday, November 19, 2007, at 2:00 P.M. at the United States Bankruptcy Court, 100 East Vine Street, Third Floor Courtroom, Lexington, Kentucky; and
(iii) award the Murphy Entities such other and further relief as this Court deems just and proper.
NOTICE OF HEARING
Please take notice that the foregoing shall come on for a hearing before the Bankruptcy Court for the Eastern District of Kentucky, Lexington Division on November 19, 2007 at 2:00 p.m. or as soon thereafter as may be heard, at the United States Bankruptcy Courthouse, 100 East Vine Street, 3rd Floor Courtroom, Lexington, Kentucky 40507.
Respectfully submitted,
STONE, LEYTON & GERSHMAN
A Professional Corporation
By: /s/ Howard S. Smotkin
E. Rebecca Case, EDMO #2800
Howard S. Smotkin, EDMO #4407
7733 Forsyth Boulevard, Suite 500
St. Louis, Missouri 63105
(314) 721-7011
(314) 721-8660 Facsimile
erc@stoneleyton.com
hss@stoneleyton.com
Attorneys for the Murphy Entities
GREENEBAUM DOLL & MCDONALD PLCC
John W. Ames
Gregory R. Schaaf
300 West Vine Street, Suite 1100
Lexington, Kentucky 40507
(859) 288-4629
(859) 367-3877 Facsimile
grs@gdm.com
Local Counsel for the Murphy Entities
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served electronically in the method established under CM/ECF Administrative Procedures Manual and the Local Court Standing Order dated July 25, 2002 via electronic and/or first class, postage prepaid U.S. mail on this 1st day of November 2007.
/s/ Howard S. Smotkin |
