08/17/2007 171 Motion to Reschedule Hearing, filed by Plasticon International, Inc.. (Attachments: # 1 Proposed Order) (Kennedy, Ellen) (Entered: 08/17/2007)
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Doc 171
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISON
IN RE:
PLASTICON INTERNATIONAL INC.,
DEBTOR.
CASE NO. 07-50934
CHAPTER 11
HON. WILLIAM S. HOWARD
MOTION TO RESCHEDULE HEARING ON MOTION FOR RELIEF OF STAY [DE # 83], MOTION TO APPOINT TRUSTEE [DE # 156], AND MOTION BY PRO PLAS, LLC FOR APPOINTMENT OF A CHAPTER 11 TRUSTEE [ DE#167]
Comes, Plasticon International, Inc. (“Plasticon”), by counsel, moves the Court to reschedule the hearing currently set for August 30, 2007 at 10:00 a.m. concerning the Motion for Relief from Automatic Stay [DE#83] filed by Pro Plas, LLC, the Motion to Appoint Trustee [DE# 156] filed by the U.S. Trustee and the Motion for Appointment of a Chapter 11 Trustee [DE# 167] filed by Pro Plas, LLC. In support of this motion, Plasticon states as follows:
1. On August 16, 2007, Plasticon filed its Application to Employ Ellen Arvin Kennedy and Fowler Measle & Bell PLLC as attorneys for the Debtor.
2. As set forth in the Application, attorney Kennedy and the Fowler firm have no prior relationship to the Debtor in this case.
3. Review of the docket reveals numerous dispositive motions are pending, including a Motion to Shorten Time to For Debtor Plasticon International, Inc. to Response to Document Production Requests [DE# 120], Motion to Appoint Trustee [DE# 156] filed by the U.S. Trustee. (the “Motion”), and the Motion by Pro Plas, LLC for Appointment of a Chapter 11 Trustee [DE# 167] filed August 16, 2007.
4. As of the filing of this motion, the undersigned proposed counsel is still awaiting receipt of the file from Debtor’s prior counsel and has had a very limited opportunity to review and become familiar with the voluminous pleading previously filed herein, including those currently scheduled for hearing on August 30.
5. The undersigned proposed Counsel, requests that the August 30 hearing be rescheduled to allow additional time to review and become familiar with the pleadings currently scheduled for hearing on that date, review prior counsel’s response, if any, to the pending motions, and to consult with the Debtor regarding its positions regarding these motions.
Wherefore, Plasticon requests the Court grant the relief requested herein through entry of the order tendered herewith.
NOTICE
Notice is hereby given that the foregoing shall be brought on for hearing before the Honorable William S. Howard, Judge, U. S. Bankruptcy Court, in the United States Bankruptcy Courtroom, Third Floor, Community Trust Bank Building, 100 East Vine Street, Lexington, KY on August 28, 2007, at the hour of 2:30 p.m., or as soon thereafter as counsel may be heard.
Respectfully submitted,
FOWLER MEASLE & BELL PLLC
/s/ Ellen Arvin Kennedy by Timothy A. West
Ellen Arvin Kennedy, Esq.
Timothy A. West, Esq.
300 W. Vine St Suite 600
Lexington KY 40507-1660
Telephone: (859) 252-6700
Facsimile: (859) 255-3735
Email: EAKennedy@Fowlerlaw.com
TWest@Fowlerlaw.com
PROPOSED ATTORNEY FOR DEBTOR, PLASTICON INTERNATIONAL, INC.
UNDER PENDING APPLICATION
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was served this the 17th day of August, 2007, electronically in accordance with the method established under this Court’s CM/ECF Administrative Procedures and Standing Order dated July 25, 2002 upon all parties in the electronic filing system in this case and to all parties listed on the Amended Master Service List No. 1 via electronic and/or first class, postage paid U.S. Mail.
/s/ Ellen Arvin Kennedy by Timothy A. West____
PROPOSED ATTORNEY FOR DEBTOR, PLASTICON INTERNATIONAL, INC.
UNDER PENDING APPLICATION |
