11/12/2007 301 Motion to Continue Hearing, filed by Stephen Palmer. (Palmer, Stephen) (Entered: 11/12/2007)
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Doc 301
IN RE:
PLASTICON INTERNATIONAL, INC.
Debtor.
Case No. 07-50934
Judge William S. Howard
Chapter 11
JOINT MOTION OF DEBTOR AND CHAPTER 11 TRUSTEE TO EXTEND TIME FOR RESPONSE TO MOTION FOR RELIEF FROM AUTOMATIC STAY, AND TO RESCHEDULE HEARING
The Debtor, Plasticon International, Inc. (“Plasticon”) (the “Debtor”), and the Chapter 11 Trustee, Stephen Palmer (“Trustee”), jointly move this Court for an Order 1) granting the Trustee an extension of time in which to file his response to the Motion for Relief from Automatic Stay (the “Motion”) filed by Pro Plas, LLC (“Pro Plas”); and 2) rescheduling the hearing date on Pro Plas’ Motion from Monday, November 19, 2007 at 2:00 p.m., until the first available hearing date on or following December 10, 2007. In support of this motion, Debtor and Trustee state as follows:
1. On or about June 22, 2007, Pro Plas filed its Motion for Relief from Automatic Stay (DE #83).
2. On or about July 7, 2007, Pro Plas filed 29 Exhibits in Support of the Motion (DE #97, #98, #99, and #100).
3. Subsequent to the Motion, on or about August 16, 2007, Pro Plas, LLC filed a Motion for Appointment of a Chapter 11 Trustee (DE #167).
4. After an evidentiary hearing, by order entered October 4, 2007, this Court granted the Pro Plas’s Motion (DE #262), and ordered the Appointment of a Chapter 11 Trustee.
5. Upon Application by the U.S. Trustee, Mr. Stephen Palmer (the “Trustee”) was appointed as Chapter 11 Trustee on or about October 10, 2007 (DE #271).
6. Subsequent to that Order, on October 26, 2007, the Trustee filed an Application to Employ Walther, Roark, Gay & Todd PLC as Attorney for Trustee (DE #284) (the “Application”).
7. Although this Application will likely be approved, the Order has not yet been entered (as of the time of filing of this Motion). As things presently stand, once the Application is approved, counsel for the Trustee will not have a sufficient time to review this matter and prepare for the presently scheduled hearing on Pro Plas’ Motion. Holding the hearing as scheduled would have an adverse impact on the Trustee’s ability to adequately represent himself and his interests.
8. The ability of both the Trustee and the Debtor to adequately respond to Pro Plas’ Motion is further complicated by the nature of the evidence in this case. Pro Plas has identified 114 possible exhibits for the upcoming evidentiary hearing (DE #292). Additionally, Pro Plas has identified 646 proposed stipulations in this matter, many of which also pertain to the Chapter 11 Bankruptcy of Pro Mold, Inc. (Case No. 07-50395). Clearly, the evidentiary hearing on Pro Plas’ Motion requires extensive review of the proposed stipulations, possible exhibits, and the papers filed by the parties in the Pro Mold, Inc., case. This cannot be accomplished in a matter of days.
9. While counsel for the Debtor is familiar with the background of both Plasticon and the Pro Mold, Inc. cases and is willing to assist as required, the Trustee and his counsel have a limited understanding of the Plasticon case, and an extremely limited understanding of the issues of its sister case, In re: Pro Mold, Inc. Counsel for the Trustee will simply be unable to adequately review the arguments, evidence and proposed stipulations, not to mention the numerous pleadings of the parties in both the Plasticon case, and the Pro Mold, Inc. case in time for presenting meaningful opposition.
10. The Debtor and the Trustee jointly submit that in the interests of fairness and justice for all parties involved, the Court should postpone the hearing on Pro Plas’ Motion for ninety days. The Debtor and the Trustee both certify that this Motion is not being made for the purposes of hindering or delaying the resolution of this matter by this Court.
11. Wherefore, the Debtor and the Trustee request an Order in conformity herein.
Jointly 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
TWest@FowlerLaw.com
ATTORNEYS FOR DEBTOR,
PLASTICON INTERNATIONAL, INC.
And
/s/ Stephen Palmer
Stephen Palmer, Esq.
271 W. Short Street, Suite 804
Lexington, KY 40507-1217
(859) 233-0551
CHAPTER 11 TRUSTEE,
STEPHEN PALMER
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served this the 12th day of November, 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.
/s/ Stephen Palmer
Chapter 11 Trustee
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