11/16/2007 308 Response Filed by Plasticon International, Inc. (RE: related document(s)290 Application to Employ). (Kennedy, Ellen) (Entered: 11/16/2007)
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Doc 308
IN RE:
CASE NO. 07-50934
CHAPTER 11
HON. WILLIAM S. HOWARD
PLASTICON INTERNATIONAL , INC.
DEBTOR.
DEBTOR’S RESPONSE TO TRUSTEE’S APPLICATION TO EMPLOY AN AUCTIONEER AND REQUEST FOR CLARIFICATION
Comes the Debtor through counsel and in response to the Chapter 11 Trustee, Stephen Palmer’s Application to Employ an Auctioneer, asks the Court for clarification on the following:
On November 5, 2007 (D.E. 290) Stephen Palmer, Trustee, filed a Motion for Auctioneer requesting the Court approve his employment of James J. Bates to sell “certain non-exempt personal property listed by the debtor in the petition.”
The Application to Employ Auctioneer does not request the Court for authority to sell any of the property under Section 363 of the Bankruptcy Code or other section of the Bankruptcy Code, nor does the Trustee list the equipment that he intends to sell other than to identify it as office furniture.
Through conversation with the Trustee, Debtor’s counsel understands that the Trustee does not intend for any property of the Debtor to be subject to immediate sale and is applying for authority to employ Mr. Bates so that he will be readily available should a sale be deemed necessary at some point in the future. The Trustee has confirmed that no property will be sold without his filing a motion and allowing for notice and a hearing. The Debtor files this Request for Clarification out of an abundance of caution to make sure that the record is clear on that point.
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
Telephone:(859) 252-6700
Facsimile: (859) 255-3735
Email: EAKennedy@Fowlerlaw.com
TWest@Fowlerlaw.com
ATTORNEYS FOR
PLASTICON INTERNATIONAL, INC.
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served this the 16 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/ Ellen Arvin Kennedy
ATTORNEYS FOR PLASTICON INTERNATIONAL, INC. |
