12/17/2007 334 Motion for Immediate Relief Pursuant to Order on Motion for Relief (D.E. #330), filed by Pro Plas LLC. Hearing scheduled for 12/20/2007 at 10:00 AM at Lexington Courtroom, 3rd Floor. (Case, E.) (Entered: 12/17/2007)
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Doc 334
In Re:
Case No. 07-50934
Judge William S. Howard
Chapter 11
PLASTICON INTERNATIONAL, INC.
Debtor.
Hearing Date: December 20, 2007
Hearing Time: 10:00 a.m.
(Telephonic Hearing)
PRO PLAS LLC
Movant,
v.
PRO MOLD, INC.,
Respondent.
MOTION FOR IMMEDIATE RELIEF PURSUANT TO ORDER ON MOTION FOR RELIEF (D.E. #330)
Movant and Creditor Pro Plas LLC (“Pro Plas”), files this its Motion for Immediate Relief Pursuant to Order on Motion for Relief (D.E. #330) and in support thereof respectfully reports unto the Court the following:
Jurisdiction and Bankruptcy Filing
1. The Court has jurisdiction regarding this matter pursuant to 28 U.S.C. §1334 and 28 U.S.C. §157 and the Local Rules for the United States District Court for the Eastern District of Kentucky.
2. This matter is a core proceeding pursuant to 28 U.S.C. §157(b)(2)(D).
3. On May 16, 2007 Debtor Plasticon International, Inc. (“Debtor Plasticon”), filed its Voluntary Chapter 11 Petition for Relief in the United States Bankruptcy Court for the Eastern District of Kentucky, Lexington Division (“Court”).
4. Debtor Plasticon continued to operate its business and manage its financial affairs pursuant to Sections 1107 and 1108 of the Bankruptcy Code from May 16, 2007 until October 3, 2007, under the control of James N. Turek, Sr., Debtor Plasticon’s President.
5. On October 3, 2007, this Court ordered the Appointment of a Chapter 11 Trustee.
6. The Office of the United States Trustee appointed Stephen Palmer to serve as the Chapter 11 Trustee (“Trustee”).
7. Even with the appointment of a Chapter 11 Trustee, Debtor Plasticon continues to struggle and its financial condition continues to decline.
December 6, 2007 Order (D.E. #330)
7. On December 6, 2007 the Court signed and the Clerk entered the Order on Motion for Relief from Automatic Stay filed by Pro Plas. (“Order”)(D.E. #330) and the Order is incorporated herein by reference.
8. Pro Plas requests immediate relief from the automatic stay of 11 U.S.C. Section 362 pursuant to paragraph A of the Order (D.E. #330) concurrent with the granting of relief from the automatic stay in Debtor Pro Mold, Inc.’s case (USBC-EDKY Case No. 07-50935).
WHEREFORE, Pro Plas requests:
A. that the Court order the following:
1. Pro Plas be granted immediate relief from the automatic stay to proceed with its state court remedies and foreclose on its respective security interests in Debtor Plasticon’s personal property (“PLNI Collateral”).
B. such other and further relief as the Court deems just.
STONE, LEYTON & GERSHMAN
A Professional Corporation
By: /s/ E. Rebecca Case
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 Pro Plas LLC
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 December 20, 2007 at 10:00 a.m. EST or as soon thereafter as may be heard, at the United States Bankruptcy Courthouse, 100 East Vine Street, 3rd Floor Courtroom, Lexington, Kentucky 40507.
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 17th day of December 2007.
E. Rebecca Case |
