10/11/2007 272 Third Motion to Extend Time to Reschedule Final Hearing on Motion for Relief and to Extend Deadlines in the Fourth Evidence Order, filed by Pro Plas LLC (RE: related document(s)270 Order Setting Hearing). (Attachments: # 1 Proposed Order) (Case, E.) (Entered: 10/11/2007)
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Doc 272
IN RE:
Case No. 07-50934
PLASTICON INTERNATIONAL, INC.,
Chapter 11
Debtor.
PRO PLAS LLC,
Movant,
v.
PLASTICON INTERNATIONAL, INC.
Respondent.
THIRD MOTION TO RESCHEDULE FINAL HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND MOTION TO EXTEND DEADLINES IN THE FOURTH EVIDENCE ORDER
Creditor Pro Plas LLC, a Missouri limited liability company (“Pro Plas”), files this its Third Motion to Reschedule Final Hearing on Motion for Relief from Automatic Stay and Motion to Extend Deadlines in the Fourth Evidence Order and in support thereof respectfully reports unto the Court the following:
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. (Doc. #83)
2. On October 1, 2007 the Court signed and the Clerk entered the Order Approving Second Motion to Reschedule Final Hearing on Motion for Relief from Automatic Stay and Motion to Extend the Deadlines in the Second Evidence Order. (Doc. #248)
3. On October 5, 2007 the Court signed and the Clerk entered the Order Rescheduling Evidentiary Hearing and the evidentiary hearing on the Motion for Relief was scheduled to be held on October 30, 2007 at 10:00 a.m. EDT in United States Bankruptcy
Courtroom, Courtroom B, Third Floor, Community Bank Building, 100 East Vine Street, Lexington, Kentucky. (Doc. #263) (“Third Evidence Order”)
4. On October 10, 2007 the Court signed and the Clerk entered the Order Rescheduling Evidentiary Hearing and the evidentiary hearing on the Motion for Relief was scheduled to be held on October 31, 2007 at 10:00 a.m. EDT in the United States Bankruptcy Courtroom, Courtroom B, Third Floor, Community Bank Building, 100 East Vine Street, Lexington, Kentucky. (Doc. #270) (“Fourth Evidence Order”)
5. On October 10, 2007 the Court signed and the Clerk entered the Order Approving Appointment of Trustee Stephen Palmer as Chapter 11 Trustee (“Trustee Palmer”). (Doc. #271)
6. Kenneth Henry, Chapter 11 Trustee for Debtor Pro Mold, Inc., has requested that the Final Hearing on the Motion for Relief and the deadlines in the Order Rescheduling Evidentiary Hearing (Doc. #270) be extended and Pro Plas, the attorney for Debtor Plasticon, the attorney for the Official Committee of Unsecured Creditors’ Committee in the Plasticon International, Inc. case, the Office of the United States Trustee and Trustee Palmer have agreed to an extension of time of approximately fourteen days subject to the Court’s calendar.
7. Counsel for Pro Plas is unavailable on Monday, November 12, 2007 due to a family health care issue.
8. For the reasons recited above, Pro Plas requests that the Final Hearing on the Motion for Relief that is currently schedule to be held on October 31, 2007 at 10:00 a.m. EDT be rescheduled to be held after November 14, 2007 at 10:00 a.m.
9. For the reasons recited above, Pro Plas requests that all of the deadlines in the Order Rescheduling Evidentiary Hearing (Doc. #270) be extended and computed based upon the new Final Hearing date.
WHEREFORE, Pro Plas requests that the Court sustain the Third Motion to Reschedule the Final Hearing on the Motion for Relief from Automatic Stay and the Motion to Extend the Deadlines in the Fourth Evidence Order and for such other and further relief as the Court deems just.
STONE, LEYTON & GERSHMAN
A Professional Corporation
By: /s/ E. Rebecca Case
E. Rebecca Case, EDMO #2800
Howard S. Smotkin, EDMO #4407
7733 Forsyth Boulevard, Suite 500
St. Louis, Missouri 63105
(314) 721-7011
(314) 721-8660 Facsimile
erc@stoneleyton.com
hss@stoneleyton.com
Attorneys for Pro Plas LLC
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served electronically in the method established under CM/ECF Administrative Procedures Manual and the Local Court Standing Order dated July 25, 2002, to Debtor, Debtor’s Attorney, Office of the United States Trustee, Stephen Palmer, all parties who filed a Notice of Appearance and to all parties listed on Master Service List No. 1 via electronic and/or first class, postage prepaid U.S.
mail on this 11th day of October 2007.
/s/ E. Rebecca Case
E. Rebecca Case |
