04/15/2008 427 Proposed Order submitted by Stephen Barnes (RE: related document(s)407 Motion for Relief From Stay filed by Creditor First National Bank of Barnesville, Georgia). (Attachments: # 1 Continuation of Main Document Service List) (Barnes, Stephen) (Entered: 04/15/2008)
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Doc 427
IN RE
Case No. 07-50934
(Chapter 7)
Plasticon International, Inc.
DEBTOR
AGREED ORDER CONTINUING HEARING ON MOTION FOR RELIEF FROM STAY
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This matter came before the Court on agreement of the following Parties: (a) Trustee James D. Lyon (the “Chapter 7 Trustee”), solely in his capacity as the Trustee for the Chapter 7 Bankruptcy Estate (the “Estate”) of Plasticon International, Inc. (the “Debtor”) and First National Bank of Barnesville, Georgia (“Bank”) (the Chapter 7 Trustee and the Bank shall hereafter be referred to as the “Parties”) regarding the timing of the hearing on the Bank’s Motion for Relief from Stay (Docket No. 407) (the “Motion for Relief from Stay”). The Parties have agreed that (i) Bank expressly consents to the proposed sale of the Debtor’s assets free and clear as discussed in the Trustee’s Motion to Approve Sale (Docket No. 422), with Bank’s lien (if any) attaching to the proceeds of the sale, (ii) the hearing on the Motion for Relief from Stay shall be continued until May 15 at 2:30 pm, (iii) objections to the Motion for Relief from Stay shall be due no later than May 9th, 2008, and (iv) if no objections are filed to the Motion for Relief from Stay by May 9th, no hearing shall be held and the Motion for Relief from Stay shall be sustained.
The Parties being in agreement and the Court having reviewed the record and being otherwise adequately informed, the Court FINDS AND CONCLUDES as follows:
1. Bank has consented to the proposed sale of Debtor’s assets free and clear of Bank’s interests pursuant to §363(f)(2), with the Bank’s lien, if any, attaching to the proceeds of the sale.
Having found and concluded as follows, it is hereby ORDERED AND ADJUDICATED as follows:
1. The Hearing on the Motion is hereby CONTINUED until May 15, 2008 at 2:30 pm in the 3rd floor Lexington Bankruptcy Courtroom at 100 E. Vine Street, Lexington, KY 40507;
2. Objections to the Motion may be filed by any creditor or party in interest, and Objections to the Motion for Relief from Stay shall be due no later than 11:59 pm on Friday, May 9, 2008;
3. If no objections are filed by May 9, 2008, the Motion shall be sustained and no hearing shall be held.
4. This is a final and appealable Order and there is no just cause for delay.
Have seen and agree:
/s/ James D. Lyon
James D. Lyon, Attorney
209 E. High Street
Lexington, KY 40507
(859) 252-4148 (tel)
Jdlyonlaw@aol.com
CHAPTER 7 TRUSTEE
/s/ Stephen Barnes
Stephen Barnes
Walther, Roark & Gay, PLC
P.O. Box 1598
Lexington, KY 40588-1598
(859)-225-4714 (tel)
(859) 225-1493 (fax)
sbarnes@wrgfirm.com
www.wrgfirm.com
ATTORNEY FOR THE TRUSTEE
/s/ W. Thomas Bunch, II
W. Thomas Bunch, II
271 West Short Street, Suite 805
PO Box 2086
Lexington, KY 40588-2086
(859) 254-5522 (tel)
(859) 233-1434 (fax)
wtb@bunchlaw.com
ATTORNEY FOR THE BANK
Pursuant to Local Rule 9022-1(c), Stephen Barnes shall cause a copy of this Order to be served on each of the parties designated to receive this Order pursuant Local Rule 9022-1(a) and shall file with the Court a Certificate of Service of the Order upon such parties within ten (10) days hereof.
Copies to:
* All parties designated to receive electronic notice
** All parties on the attached service list |
