To: scion who wrote (11873 ) 12/13/2007 1:48:04 PM From: scion Read Replies (1) | Respond to of 12518 12/13/2007 332 Proposed Order submitted by Ellen Arvin Kennedy (RE: related document(s)290 Application to Employ). (Kennedy, Ellen) (Entered: 12/13/2007) -------------------- Doc 332 OCR extract IN RE: CASE NO. 07-50934 CHAPTER 11 HON. WILLIAM S. HOWARD PLASTICON INTERNATIONAL, INC. : DEBTOR. AGREED ORDER REGARDING TRUSTEE'S APPLICATION TO EMPLOY AN AUCTIONEER On November 5, 2007, the Trustee, Stephen Palmer, filed a Motion for Auctioneer (DE #290), requesting that this Court approve the employment of James J. Bates to cell "certain non- exempt personal property listed by the debtor in the petition." On November 16, 2007, the Debtor filed a protective Response to the Trustee's Application, requesting clarification on the terms of the auctioneer's employment. The Trustee and the Debtor, through counsel, having conferred and otherwise agreeing; and this Court, being otherwise sufficiently advised IT IS HEREBY ORDERED: The Parties are agreed that the Application of the Trustee to Employ an Auctioneer does not seek the Court's authority to sell any of the Debtor's property. The Trustee agrees that any future sale of the Debtor's property will not take place in absence of a properly noticed motion and hearing on same. The balance of the Application is well taken and the Trustee is authorized to engage an auctioneer in order to properly compensate the proposed auctioneer for moving and storage of Debtor's property. The Trustee agrees that any future sale of the Debtor's property will not take place in absence of a properly-noticed motion and hearing on same. HAVING SEEN AND AGREED: FOWLER MEASLE & BELL LLC Ellen Arvin Kennedy, Esq. Timothy A. West, Esq. 300 West Vine Street, Suite 600 Lexington, KY 40507-1660 Telephone: (859) 252-6700 Facsimile: (859) 255-3735 Email: EAKennedy@Fowlerlaw.com TWest@Fowlerlaw.com ATTORNEYS FOR PLASTICON INTERNATIONAL, INC. WALTER ROARK & GAY PLLC, Jonathan L . Gay, Esq. 163 E. Main Street, Suite 200 Lexington, KY 40507 Telephone: (859) 225-4714 Facsimile: (859) 225-1493 Email: jgay@wrgfirm.com ATTORNEYS FOR CHAPTER 11 TRUSTEE, STEPHEN PALMER