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To: scion who wrote (11406)	9/27/2007 2:57:45 PM
From: scion	Respond to of 12518

Proposed Order - ORDER GRANTING MOTION FOR IMMEDIATE SURRENDER OF NONRESIDENTIAL REAL PROPERTY Doc 219-2 IN RE: Case No. 07-50935 PRO MOLD, INC., Chapter 11 Debtor. ORDER GRANTING MOTION FOR IMMEDIATE SURRENDER OF NONRESIDENTIAL REAL PROPERTY On the ____ day of October 2007 came on to be considered the Motion for Immediate Surrender of Nonresidential Real Property (“Motion for Immediate Surrender”) filed by Lessor 10315 LLC, a Missouri limited liability company (“10315”). The parties received notice as required by law of the filing of the Motion for Immediate Surrender. Further the Court finds as follows: 1. The Court has jurisdiction in regard to this matter pursuant to 28 U.S.C. §1334 and 28 U.S.C. §157 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. §157(b)(2)(D). 3. On May 16, 2007 Debtor Pro Mold, Inc. (“Debtor Pro Mold”), filed its Voluntary Chapter 11 Petition for Relief in the United States Bankruptcy Court for the Eastern District of Kentucky, Lexington Division (“Court”), and continues to operate its business and manage its financial affairs pursuant to Sections 1107 and 1108 of the Bankruptcy Code. 4. 11 U.S.C. Section 365(d)(4)(A) states the following: (A) Subject to the subparagraph (B), an unexpired lease of nonresidential real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender that nonresidential real property to the lessor, if the trustee does not assume or reject the unexpired lease by the earlier of – (i) the date that is 120 days after the date of the order for relief; or (ii) the date of the entry of an order confirming a plan. (B) (i) The court may extend the period determined under subparagraph (A) , prior to the expiration of the 120-day period, for 90 days on the motion of the trustee or lessor cause. (ii) If the court grants an extension under clause (i), the court may grant a subsequent extension only upon prior written consent of the lessor in such instance. 5. Attached to the Motion for Immediate Surrender and incorporated therein as Exhibit “1” was a copy of the nonresidential real property lease between 10315 LLC (“Lessor”) and Debtor Pro Mold (“Lessee”). 6. The earlier of 120 days after the date of the Order for Relief or the date of the entry of an order confirming a plan was 120 days after the date of the Order for Relief. 7. September 13, 2007 was 120 days after the date of the Order for Relief. 8. Debtor Pro Mold did not assume or reject the nonresidential real property lease on or before September 13, 2007. 9. Debtor Pro Mold did not file a motion prior to the expiration of the 120-day period and request that the court extend the period. 10. Therefore, the lease is deemed rejected and the Debtor Pro Mold must immediately surrender the nonresidential real property to Lessor, 10315 LLC. THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Lessee Debtor Pro Mold, Inc. is hereby ordered to immediately surrender the nonresidential real property located at 10315 Page Industrial Blvd., St. Louis, Missouri 63132 to 10315 LLC. 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. Pro Mold, Inc. Attorney for Debtor Office of the U.S. Trustee CWY Credit Gregory R. Schaaf Attorney for Official Unsecured Creditors’ Committee in Plasticon International, Inc. case Amended Master Service List No. 1