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To: scion who wrote (11978)1/24/2008 9:51:33 AM
From: scion  Read Replies (1) | Respond to of 12518
 
This pattern of behavior could only benefit an insider and major shareholder such as Turek. An insider such as Turek also benefits from the unclear ownership of the patents between the Debtor and PCI and Turek’s children.

Extract from Pacer Doc 156
MOTION OF THE UNITED STATES TRUSTEE FOR APPOINTMENT OF A CHAPTER 11 TRUSTEE
-----------------

PATENTS Flim Flam

AFFIDAVIT OF JAMES N. TUREK, SR.

09/26/2007 233 Notice of Filing of of Affidavits Filed by Plasticon International, Inc. (RE: related document(s)185 Order Setting Hearing, ). (Kennedy, Ellen) (Entered: 09/26/2007)

Doc 233 OCR extract -

IN RE:

CASE NO. 07-50934
HON, WILLIAM S. HOWARD
CHAPTER 11

PLASTICON INTERNATIONAL, INC.
DEBTOR,

AFFIDAVIT OF JAMES N. TUREK, SR.

[excerpts]

12. Not withstanding the Abstract of Title to United States Patent # 4942714, US D324643, US D500243, Can 1317474 (the "Patents") it is and always has been my belief that these patents are the property of the Debtor.

13. That, notwithstanding the Abstract of Title to the Patents, it is and always has been my belief that said patents are the property of Plasticon International, Inc.

14. That I intend to assist Debtor's counsel as necessary in transferring the Patents to Plasticon International, Inc. so that Plasticon International, Inc. becomes the title-holder of record of said Patents.

15. I have personal knowledge and am available to testify on behalf of the Debtor as needed in relation to the following:

a. The Debtor's relationship to and purchase of assets of Promotional Container, Inc.;

b. The ownership of the Patents;

c. The estimated value of the Patents;
--------------------------------------------------------------------

*************** PREVIOUSLY *****************

07/03/2007 91 Response Filed by Pro Plas LLC (RE: related document(s)89 Motion for Miscellaneous Relief filed by Debtor Plasticon International, Inc.). (Case, E.) (Entered: 07/03/2007)

PRO PLAS, LLC’S RESPONSE TO DEBTOR’S MOTION TO QUASH NOTICE OF DEPOSITION OF JAMES P. TOOHEY

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION
IN RE: Case No. 07-50934

PLASTICON INTERNATIONAL, INC.,
Chapter 11 Debtor.

PRO PLAS, LLC’S RESPONSE TO DEBTOR’S MOTION TO
QUASH NOTICE OF DEPOSITION OF JAMES P. TOOHEY

[excerpts]

j. At the Meeting of Creditors on June 27, 2007, James N. Turek, Sr., refused to answer several questions including but not limited to:

(1) who owns the patents that Debtor Pro Mold uses in its daily operations? and

(2) who has a lien on the patents that Debtor Pro Mold uses in its daily operations?

k. The Meeting of Creditors was concluded by the Office of the United States Trustee.

. . .

d. Answering further, Pro Plas has requested on several occasions a copy of the exhibits attached to the Promotional Containers, Inc. Agreement for Purchase and Sale of Business Assets in order to determine if Debtor Plasticon or James N. Turek, Sr., or another related entity purchased the patents of Promotional Containers, Inc. that Debtor Pro Mold currently uses in its business.

e. As of this date, Debtor Pro Mold and Debtor Plasticon have failed to produce those exhibits.

Message 23920278