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  • Order Under District Court Local Rule 83.50 (E) (1) (D)

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    Chapter 11 Dockets
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    Martin Stamm filed a claim for damages against Collins & Aikman Corporation for violations of the Americans with Disabilities Act. Collins & Aikman Litigation Trust objected to the claim. Stamm filed a motion to transfer venue to the district where the claim arose and where a previous lawsuit was pending. As the claim is for a personal injury tort, the bankruptcy court ordered that the necessary papers be submitted to the district court to determine where the claim will be liquidated, in accordance with the relevant statutes.

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    Martin Stamm filed a claim for damages against Collins & Aikman Corporation for violations of the Americans with Disabilities Act. Collins & Aikman Litigation Trust objected to the claim. Stamm filed a motion to transfer venue to the district where the claim arose and where a previous lawsuit was pending. As the claim is for a personal injury tort, the bankruptcy court ordered that the necessary papers be submitted to the district court to determine where the claim will be liquidated, in accordance with the relevant statutes.

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    14 views1 page

    Order Under District Court Local Rule 83.50 (E) (1) (D)

    Uploaded by

    Chapter 11 Dockets
    Martin Stamm filed a claim for damages against Collins & Aikman Corporation for violations of the Americans with Disabilities Act. Collins & Aikman Litigation Trust objected to the claim. Stamm filed a motion to transfer venue to the district where the claim arose and where a previous lawsuit was pending. As the claim is for a personal injury tort, the bankruptcy court ordered that the necessary papers be submitted to the district court to determine where the claim will be liquidated, in accordance with the relevant statutes.

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    UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 05-55927-R Chapter 11 Hon.

    Steven Rhodes (Jointly Administered)

    Collins & Aikman Corporation, et al., Debtors. ____________________________________________/

    Order Under District Court Local Rule 83.50(e)(1)(D) Creditor Martin Stamm has filed a claim in this bankruptcy case and the Collins & Aikman Litigation Trust has filed an objection. The creditors claim is for damages under the Americans with Disabilities Act. The creditor has filed a motion to transfer venue to the United States District Court for the Central District of Illinois, which is the district in which the claim arose and in which creditors lawsuit was pending against the debtor when the debtor filed bankruptcy. Because the creditors claim is a personal injury tort claim, it is controlled by 28 U.S.C. 157(b)(5) and District Court Local Rule 83.50(e)(1)(D). Accordingly, it is hereby ordered that the bankruptcy clerk shall submit the necessary papers to the District Court so that the District Court can make the necessary determination regarding where the creditors claim will be liquidated. The necessary papers include the creditors claim, debtors objection to claim, all papers relating to the motion for change of venue, the creditors motion to strike the objection to the claim and the response thereto, and this order.
    .

    Signed on October 24, 2008 /s/ Steven Rhodes Steven Rhodes Chief Bankruptcy Judge

    0W[;(*8
    05-55927-swr Doc 10140 Filed 10/24/08 Entered 10/24/08 13:49:49

    0555927081024000000000001

    !L

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