To: scion who wrote (10629 ) 7/17/2007 5:59:18 PM From: scion Respond to of 12518 Pacer update 17 Jul 07 Debtor Plasticon International, Inc. Bankruptcy Petition #: 07-50934-wsh Filing Date # Docket Text 07/17/2007 115 Proposed Order submitted by E. Rebecca Case (RE: related document(s)83 Motion for Relief From Stay filed by Creditor Pro Plas LLC). (Case, E.) (Entered: 07/17/2007) 07/17/2007 114 Corrective Entry- PDF document sets matter for hearing. Objection deadline has been terminated. (RE: related document(s)113 Motion to Assume/Reject Leases or Executory Contracts, filed by Debtor Plasticon International, Inc.) (baa) (Entered: 07/17/2007) ---------------- Doc 115 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION In Re: ) Case No. 07-50934 ) Judge William S. Howard PLASTICON INTERNATIONAL, INC ) Chapter 11 ) ) Debtor. ) ) ORDER IN REGARD TO THE PRELIMINARY HEARING ON PRO PLAS LLC’S MOTION FOR RELIEF FROM AUTOMATIC STAY On the 12th day of July 2007 came on to be heard the Motion for Relief from Automatic Stay (“Motion”) filed pursuant to 11 U.S.C. Section 362 by Pro Plas LLC, a Missouri limited liability company (“Pro Plas”), and the Response to Motion of Pro Plas LLC (“Response”) filed by Debtor Plasticon International, Inc. The parties received notice as required by law of the filing of the Motion and the Response and the preliminary hearing thereon. Further, the Court finds as follows: 1. The Court has jurisdiction in regard to this matter pursuant to 28 U.S.C. Sections 157 and 1334 and the Local Rules for the United States District Court for the Eastern District of Kentucky. 2. This matter is a core proceeding under 28 U.S. C. Section 157(b)(2)(D). 3. On or about 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, and continues to operate its business and manage its financial affairs pursuant to Sections 1107 and 1108 of the Bankruptcy Code. 4. On June 22, 2007 Pro Plas filed its’ Motion for Relief from Automatic Stay. 5. On July 11, 2007 Debtor Plasticon filed its’ Response to Motion of Pro Plas LLC. 6. The hearing on July 12, 2007 on the Motion and Response was a preliminary hearing pursuant to 11 U.S.C. Section 362(e)(1). 7. 11 U.S.C. Section 362(e)(1) states the following: “…If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than thirty days after the conclusion of such preliminary hearing, unless the 30-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances.” 8. Thirty days after the conclusion of the preliminary hearing would be Sunday, August 12, 2007. 9. The parties announced to the Court that James Toohey would not be available to be deposed until August 12, 2007 through August 24, 2007, that the parties had agreed to depose James Toohey on Tuesday, August 14, 2007, and that they would consent to the final hearing being held after August 12, 2007 on the Motion and the Response. 10. The parties agreed to a final hearing on the Motion and the Response on Thursday, August 30, 2007 at 10:00 a.m. 11. The Court announced that the automatic stay would continue in effect pending the conclusion of the final hearing on the Motion and the Response on August 30, 2007. 12. The Court announced that it would enter further orders in regard to the presentation of evidence in support of the Motion and the Response and the final hearing on August 30, 2007. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that A. The factual findings in this Order are incorporated herein by this reference. B. The final hearing on the Motion and Response shall be held on Thursday, August 30, 2007 at 10:00 EDT in the United States Bankruptcy Court in Lexington, Kentucky. C. The automatic stay shall continue in effect pending the conclusion of the final hearing on the Motion and the Response on August 30, 2007. D. The Court shall enter further orders in regard to the presentation of evidence in support of the Motion and the Response and the final hearing on August 30, 2007. Pursuant to Local Rule 9022-1(c), E Rebecca Case shall cause a copy of this Order to be served on the parties that are entitled to service pursuant to the notice procedures order entered in this case pursuant to Local Rule 9022-1(a) and shall file with the Court a certificate of service of the Order upon the parties within ten (10) days hereof.