4. During the week of July 29, 2007, undersigned bankruptcy counsel became aware of the fact that a partner in his law firm was the owner of stock in Debtor which stock had been
purchased on the open market.
HOW did Robert J. Brown become 'aware' of the WT&C partner's ownership of Plasticon stock?
What is the name of the WT&Cpartner who owns Plasticon stock? Is it Henry Kinser who represented Plasticon in several lawsuits?
From Plasticon Doc 8-1 filed
AFFIDAVIT OF ROBERT J. BROWN IN SUPPORT OF APPLICATION TO EMPLOY
3. I have conducted a review of all creditors and equity security holders, attorneys, accountants and advisors of the Debtor and its related entities. Neither I, nor any attorney at the law firm of Wyatt, Tarrant & Combs, LLP, appears to have any connection with the Debtor, creditors, equity security holders, attorneys, accountants, advisors or any other party in interest in the Debtor's Chapter 11 case, except as follows:
4. As of May 14, 2007, Plasticon International, Inc. had incurred fees and expenses for representation provided by Wyatt, Tarrant & Combs, LLP, in the amount of $676.50 for
current invoices for services since April 1, 2007 through April 30, 2007, and in the amount of $47,931.11 for services delivered prior to April 1, 2007. Plasticon made payment for the $676.50 current charges on May 15,2007. Wyatt, Tarrant & Combs, LLP, has agreed to forgive all other entitlements and write off the remaining fees and expenses in the approximate amount of $47,255.61.
From Plasticon Doc 8-1 filed 17 May 07
Message 23770619
Plasticon Doc 282 filed 29 Oct 07
IN RE:
Case No. 07-50934
Chapter 11
PLASTICON INTERNATIONAL, INC.
DEBTOR.
MOTION BY WYATT, TARRANT & COMBS, LLP, TO WITHDRAW FROM REPRESENTATION OF DEBTOR
Comes Wyatt, Tarrant & Combs, LLP, by undersigned counsel, and asks the Court to allow it to withdraw from representation of Debtor herein. In support of this request, Movant asserts as follows:
1. This case was commenced by the filing of Debtor’s voluntary Chapter 11 Petition on May 16, 2007.
2. Debtor is a company publicly traded on the electronic pink sheet market.
3. By order entered herein on June 5, 2007 (Docket No. 56), the Court approved the employment of Wyatt, Tarrant & Combs, LLP, to represent Debtor.
4. During the week of July 29, 2007, undersigned bankruptcy counsel became aware of the fact that a partner in his law firm was the owner of stock in Debtor which stock had been
purchased on the open market.
5. Immediately upon learning of the stock ownership, undersigned counsel asked this Court to allow a status conference at which counsel could address the stock ownership in light of 11 U.S.C. § 101(14)(A).
6. On August 6, 2007, undersigned counsel and others participated in an informal status conference at which time the Court was informed of the stock ownership and of counsel’s intent to assist Debtor in obtaining replacement counsel.
7. Undersigned counsel proposed replacement counsel to Debtor which interviewed interested firms and on August 13, 2007, reached an agreement with Fowler Measle & Bell PLLC to serve as replacement counsel.
8. On August 16, 2007, an application was filed to employ Fowler Measle & Bell PLLC as counsel for Debtor (Docket No. 168) and Fowler Measle & Bell PLLC assumed primary duties for Debtor’s representation.
9. Subsequent to August 16, 2007, Wyatt, Tarrant & Combs, LLP, has rendered service only as necessary to effect the transition to Fowler Measle & Bell PLLC and to complete pending matters so as to avoid duplication of expenses for the Debtor.
Accordingly, Movant asks the Court to allow the law firm of Wyatt, Tarrant & Combs, LLP, to withdraw from representation of the Debtor herein.
NOTICE
Please take notice that unless objections to the foregoing Motion and a request for hearing are filed within twenty (20) days from the date of this Motion with the United States
Bankruptcy Court, P. O. Box 1111, Lexington, Kentucky 40588-1111, an Order may be entered approving this Motion without a hearing or further notice. A copy of any Objection to this
Motion by Wyatt, Tarrant & Combs, LLP, to Withdraw From Representation of Debtor shall be served on the undersigned at the addresses shown below and shall be set for hearing by the
Court.
Respectfully submitted,
/s/ Robert J. Brown
Robert J. Brown
WYATT, TARRANT & COMBS, LLP
250 West Main Street, Suite 1600
Lexington, KY 40507-1746
Telephone: (859) 233-2012
Facsimile: (859) 259-0649
Email: Lexbankruptcy@wyattfirm.com |
