To: scion who wrote (10953 ) 8/10/2007 4:32:52 PM From: scion Read Replies (1) | Respond to of 12518 08/10/2007 161 Order GRANTING Motion To Continue Hearing (Related Doc # 157) (RE: related document(s)157 Motion to Continue/Reschedule Hearing, Motion to Extend Time, filed by Creditor Pro Plas LLC)., GRANTING Motion to Extend Time (Related Doc # 157) (baa) (Entered: 08/10/2007) -------------------- Doc 161 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION IN RE: Case No. 07-50934 PLASTICON INTERNATIONAL, INC.,Chapter 7 (sic) Debtor. ) PRO PLAS LLC, Movant,) v. PLASTICON INTERNATIONAL, INC. Respondent. ) ORDER APPROVING MOTION TO RESCHEDULE FINAL HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND MOTION TO EXTEND DEADLINES IN THE EVIDENCE ORDER On the ___ day of August came on to be considered the Motion to Reschedule Final Hearing on Motion for Relief from Automatic Stay and Motion to Extend Deadlines in the Evidence Order filed by Creditor Pro Plas LLC, a Missouri limited liability company (“Pro Plas”). The parties received notice as required by law of the filing of the Motion. Further the Court finds as follows: 1. On June 22, 2007 Pro Plas filed its Motion for Relief from Automatic Stay (“Motion for Relief”) in the above-styled and numbered case. 2. On July 11, 2007 the Debtor filed its Response to Motion of Pro Plas, LLC (“Response to Motion for Relief”). 3. The Preliminary Hearing on the Motion for Relief was held on July 12, 2007. 4. At the Preliminary Hearing, the parties consented pursuant to 11 U.S.C. Section 2 362(e)(1) to the Final Hearing on the Motion for Relief from Automatic Stay being heard on August 30, 2007 at 10:00 a.m. 5. On July 18, 2007 the Court signed and the Clerk entered the Order in Regard to the Preliminary Hearing on Pro Plas’ Motion for Relief from Automatic Stay (“Preliminary Order”). 6. The Preliminary Order stated the following: 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 7. On July 16, 2007 the Court signed and the Clerk entered the Order Setting Evidentiary Hearing in regard to the presentation of evidence (“Evidence Order”). 8. The deposition of Brandon Turek is scheduled to be held on Monday, August 13, 2007 and the deposition of James Toohey is scheduled to be held on Tuesday, August 14, 2007. 9. On August 9, 2007 counsel for the Debtor informed Pro Plas that counsel for the Debtor does not intend to appear on behalf of the Debtor at the depositions on Monday, August 13, 2007 and Tuesday, August 14, 2007 because counsel for the Debtor intends to file a Motion to Withdraw and Substitute Counsel. 10. Counsel for the Debtor has requested that the depositions be rescheduled. 11. Pro Plas has agreed to reschedule the depositions in order to give the Debtor an opportunity to employ substitute counsel. 12. Debtor’s substitute counsel will also need an opportunity to comply with the Evidence Order and to prepare for the Final Hearing on the Motion for Relief. 13. On August 9, 2007 the Motion of the United States Trustee for Appointment of a Chapter 11 Trustee was filed and it is scheduled to be heard on August 28, 2007. 14. If a Chapter 11 Trustee is appointed on August 28, 2007, the Chapter 11 Trustee will have one day to prepare for the Final Hearing on the Motion for Relief on August 30, 2007. 15. For the reasons recited above, Pro Plas requests that the Final Hearing on the Motion for Relief be rescheduled to be heard approximately thirty days after August 30, 2007. 16. For the reasons recited above, Pro Plas requests that all of the deadlines in the Evidence Order be extended and computed based upon the new Final Hearing date. 17. The Debtor, through its counsel, has consented to the relief requested in this Motion. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Motion to Reschedule the Final Hearing on the Motion for Relief from Automatic Stay and the Motion to Extend the Deadlines in the Evidence Order shall be and are hereby approved. FURTHER IT IS ORDERED that the Final Hearing on the Motion for Relief shall be rescheduled by the Court to be heard approximately thirty (30) days after August 30, 2007. IT IS FURTHER ORDERED that all of the deadlines in the Evidence Order shall be extended and computed based upon the new Final Hearing date. FURTHER IT IS ORDERED that the automatic stay shall continue in effect through the date of the continued Final Hearing on the Motion and the Response. The date will be set by the Court. Pursuant to Local Rule 9022-1(c), E. Rebecca Case shall cause a copy of this order to be served on each of the parties designated to receive this order pursuant to 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. Plasticon International, Inc. Attorney for Debtor Office of the U.S. Trustee Eric Assouline Gregory R. Schaaf E. Rebecca Case Amended Master Service List No. 1 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The affixing of this Court's electronic seal below is proof this document has been signed by the Judge and electronically entered by the Clerk in the official record of this case. Signed By: William S. Howard Bankruptcy Judge Dated: Friday, August 10, 2007 (mpf)