12/19/2007 331 Response Filed by 10315 LLC, John P. Murphy III Revocable Trust No 1, John P Murphy III, Pro Plas LLC (RE: related document(s)329 Response filed by Trustee Kenneth C. Henry). (Case, E.) (Entered: 12/19/2007)
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Doc 331
In Re:
Case No. 07-50935
Judge William S. Howard
Chapter 11
PRO MOLD, INC.
Debtor.
PRO PLAS LLC, JOHN P. MURPHY III REVOCABLE TRUST NO. 1, 10315 LLC AND JOHN P. MURPHY,
Movants,
v.
PRO MOLD, INC.,
Respondent.
Hearing Date: December 20, 2007
Hearing Time: 10:00 a.m.
(Telephonic Hearing)
REPLY TO TRUSTEE'S RESPONSE TO THE MURPHY ENTITIES MOTION FOR IMMEDIATE RELIEF PURSUANT TO ORDER ON MOTION FOR RELIEF (D.E. #322)
Movants and Creditors Pro Plas LLC, a Missouri limited liability company; John P. Murphy III Revocable Trust No. 1; 10315 LLC, a Missouri limited liability company; and John P. Murphy (collectively “the Murphy Entities”), in reply to the Response To Motion for Immediate Relief ("Response") filed by Chapter 11 Trustee Kenneth Henry ("Chapter 11 Trustee") state as follows:
Payment of Post-Petition Debt
1. The Response filed by the Chapter 11 Trustee is incorrect or at least inconsistent with the financial information being provided to the Murphy Entities.
2. Attached hereto and incorporated herein as EXHIBIT A is a copy of Pro Mold's Quickbooks UMB Check Register covering December 17, 2007 to December 19, 2007.
3. Exhibit A indicates that the Murphy Entities were not paid on Monday, December 17, 2007, but Tuesday, December 18, 2007 (the payment of $3,087.71 was actually due December 13, 2007).
4. Similarly, the payment of $9,619.45 was due on Monday, December 17, 2007, but was not paid until Wednesday, December 19, 2007.
5. As for the other post-petition creditors, Exhibit A shows that no payment is being made to Remedy on its outstanding balance of $23,857.82, some of which is almost 2 months past due.
6. Exhibit A shows that Debtor Pro Mold is only going to pay Matt Lang $4,000.92 of the $7,618.00 that is past due.
7. Exhibit A shows that Debtor Pro Mold is only going to pay Excel Temporary Service $2,561.01 of its past due balance of $4,333.80.
8. Next, Flexway Trucking is receiving no payment on its past due balance of $1,243.05.
9. In addition, attached hereto and incorporated herein as EXHIBIT B is a list of the past due post-petition invoices for certain Pro Mold vendors.
10. Exhibit B indicates that for each of the vendors listed Pro Mold is outside of the vendors terms because the invoices are beyond their due dates as indicated by the "Aging" column.
11. Exhibit B further demonstrates that Debtor Pro Mold is not paying its obligations in the ordinary course of business, as they come due, but instead is growing increasingly delinquent.
12. Allowing such activity to continue is a disservice to Pro Mold's post-petition creditors.
WHEREFORE, the Murphy Entities request:
A. that the Court order the following:
1. The Murphy Entities be granted immediate relief from the automatic stay to proceed with their state court remedies and foreclose on their respective security interests in Debtor Pro Mold’s personal property (“PMI Collateral”).
2. Debtor Pro Mold immediately surrender Debtor Pro Mold’s office and manufacturing facility to 10315 LLC.
3. The Murphy Entities be granted authorization to take immediate possession of and have beneficial use of the PMI Collateral and to use it in any lawful manner not inconsistent with their loan documents until the Murphy Entities foreclose upon the PMI 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 John P. Murphy III Revocable
Trust No. 1; Pro Plas LLC; 10315 LLC, and
John P. Murphy, III, individually
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 19th day of December 2007.
/s/E. Rebecca Case
E. Rebecca Case |
