To: scion who wrote (12030 ) 2/12/2008 10:40:35 AM From: scion Respond to of 12518 02/12/2008 373 Proposed Order submitted by Stephen Barnes (RE: related document(s)370 Hearing Held). (Barnes, Stephen) (Entered: 02/12/2008) -------------------- Doc 370 OCR extract IN RE Case No. 07-50934 Plasticon International, Inc. DEBTOR (Chapter 7)(sic) AGREED ORDER DIRECTING DEBTOR'S COUNSEL TO TURNOVER RETAINERS TO CHAPTER 11 TRUSTEE This matter came before the Court on agreement of the following Parties: Trustee James D. Lyon (the "Chapter 11 Trustee"), solely in his capacity as the Trustee for the Chapter 11 Bankruptcy Estate (the "Estate") of Plasticon International, Inc. (the "Debtor"), the Unsecured Creditors' Committee (the "Committee"), the Debtor, the law firm of Fowler, Measle & Bell, LLP ("FMB"), and the United States Trustee ("US Trustee") (the Chapter 11 Trustee, the Debtor, the Committee, FMB, and the US Trustee shall hereafter be referred to as the "Parties"), regarding the immediate turnover of retainer funds to the Chapter 11 Trustee. The Parties having stated their agreement on this matter to the Court at the hearing held on Thursday, February 7, 2008, and Court having reviewed the record and being otherwise adequately informed, it is hereby ORDERED AND ADJUDICATED as follows: 1. No later than Tuesday, February 12, 2008 at 1:00 pm, Debtor's counsel FMB shall turn over to the Chapter 11 Trustee any and all retainer funds held by FMB, which retainer funds total $23,597.51. 2. No later than Tuesday, February 12, 2008 at 1:00 pm, FMB shall file in the record of this bankruptcy an affidavit accounting for any all retainer funds deposited, held, and/or disbursed in connection with this case. 4. This is a final and appealable order, and there is no just cause for delay. Have seen and agree: /s/ Stephen Barnes Stephen Barnes Walther, Roark & Gay, PLC P.O. Box 1598 Lexington, KY 40588-1598 (859)-225-4714 (tel) (859) 225-1493 (fax) sbarnes@wrgfirm.com www.wrgfirm.com ATTORNEY FOR THE TRUSTEE /s/ Ellen Arvin Kennedy Ellen Arvin Kennedy, Attorney Fowler, Measle, & Bell, LLP 300 W. Vine Street, Suite 600 Lexington, KY 40507-1660 (859) 252-6700 (tel) EKennedy@FowlerLaw.com ATTORNEY FOR THE DEBTOR AND ON BEHALF OF FMB /s/ Dean Langdon Dean Langdon, Attorney Wise DelCotto PLLC 200 North Upper Street Lexington, KY 40507 Tel. No.: (859) 231-5800 Fax No.: (859) 281-1179 mmclain@wisedel.com COUNSEL FOR COMMITTEE /s/ John Daugherty John Daugherty, Asst. US Trustee Office of the US Trustee 100 E. Vine, Suite 500 Lexington, KY 40507 (859) 233-2822 (tel) OFFICE OF THE US TRUSTEE Pursuant to Local Rule 9022-1(c), Stephen Barnes shall cause a copy of this Order to be served on each of the parties designated to receive this Order pursuant 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. Copies to: * All parties designated to receive electronic notice ** All parties on the attached service list