In The United States Bankruptcy Court Eastern District of Michigan Southern Division

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) ) COLLINS & AIKMAN CORPORATION,
et al.1 ) ) Debtors. ) ) ) ) ) ) _________________________________________) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
THE COLLINS & AIKMAN LITIGATION TRUSTS FIFTY-FIRST OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) The Collins & Aikman Litigation Trust (the Trust), as successor to the above-captioned Debtors (collectively, the Debtors) pursuant to the First Amended Joint Plan of Reorganization of Collins & Aikman Corporation and its Debtor Subsidiaries as confirmed by order of the Bankruptcy Court, hereby files this omnibus objection (the Fifty-First Omnibus Objection) to the claims listed on Exhibit B because Debtors have no support in their books and records that could justify paying the claims listed on Exhibit B. The Trust requests, therefore, the entry of an
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.
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order, substantially in the form of Exhibit A, disallowing and expunging the claims set forth in Exhibit B. Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure,
Claimants receiving this Fifty-First Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Fifty-First Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Fifty-First
Omnibus Objection pursuant to Paragraph 41(a) of the Order Confirming First Amended Joint Plan Of Collins & Aikman Corporation And Its Debtor Subsidiaries (the Order). 2. 3. Venue is proper before the Court pursuant to 28 U.S.C. 1408 and 1409. The statutory basis for the relief requested by the Fifty-First Omnibus Objection is
section 502 of the Bankruptcy Code, 11 U.S.C. 101-1330 and Rule 3007 of the Federal Rules of Bankruptcy Procedure. Background 4. On July 9, 2007, Debtors filed the First Amended Joint Plan of Collins & Aikman
Corporation and Its Debtor Subsidiaries (the Plan). 5. On July 18, 2007, the Court entered the Order confirming the Plan. The Order
provided the mechanism by which claimants would submit claims and the process by which the Trusts would File, settle, compromise, withdraw or litigate to judgment objections to Claims. (Order at 38.) Thus, consistent with the Orders directive regarding disposition of the Claims, as well as the subsequent order of this Court extending the Claims Objection Bar Date, this FiftyFirst Omnibus Objection is timely filed. (Order at 49.)
Objection to Claims Without Basis In The Books and Records of Debtors 6. The Debtors and the Trust are in the process of reviewing and evaluating the
claims that have been filed. In that process, the claims set forth on Exhibit B have been identified as having no basis in the books and records of the Debtors. The Trust cannot verify that the Claimants listed on Exhibit B ever worked for the Debtors, and/or the Trust has no obligation to pay on the Claims listed on Exhibit B. Therefore, the claims identified on Exhibit B should be disallowed and expunged for all purposes. Notice 7. Pursuant to Article VII.A.1 of the Plan, the Fifty-First Omnibus Objection (with
exhibits) and a notice thereof will be served upon the Holders of such Claims and the United States Trustee.2 A copy of the Fifty-First Omnibus Objection has also been filed with the CM/ECF system which will serve a copy of this pleading on all attorneys registered to receive such filings. 8. No prior request for the relief sought in the Fifty-First Omnibus Objection has
been made to this or any other Court.
Capitalized terms used in this paragraph not otherwise defined herein shall have the meanings set forth in the Plan and the Order.
WHEREFORE, the Trust respectfully requests entry of an order, substantially in the form attached hereto as Exhibit A, (a) disallowing and expunging the claims identified on Exhibit B; and (b) granting such other and further relief as is just and proper. Respectfully submitted, BOYLE BURDETT By:s/H. William Burdett, Jr. Eugene H. Boyle, Jr. (P42023) H. William Burdett, Jr. (P63185) 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) burdett@boyleburdett.com Attorneys for the Collins & Aikman Litigation Trust
Dated: June 27, 2008
IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) ) COLLINS & AIKMAN CORPORATION, et al.1 ) ) Debtors. ) ) ) ) ) ) _________________________________________) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
NOTICE AND OPPORTUNITY TO RESPOND TO THE COLLINS & AIKMAN LITIGATION TRUSTS FIFTY-FIRST OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) PLEASE TAKE NOTICE THAT the Collins & Aikman Litigation Trust (the Trust), as successor to the above-captioned Debtors (collectively, the Debtors) pursuant to the First Amended Joint Plan of Reorganization of Collins & Aikman Corporation and its Debtor Subsidiaries as confirmed by the order of the Bankruptcy Court, have filed its Fifty-First Omnibus Objection to Claims (Insufficient Books and Records) (the Fifty-First Omnibus Objection).
1
PLEASE TAKE FURTHER NOTICE THAT your rights may be affected. Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure, Claimants receiving this FiftyFirst Omnibus Objection should locate their names and claims in the objection and the attached exhibits. You may wish to review the Objection and discuss it with your attorney, if you have one in these cases. If you do not have an attorney, you may wish to consult one. PLEASE TAKE FURTHER NOTICE THAT if you wish to object to the Court granting the relief sought in the Fifty-First Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than July 21, 2008, or such shorter time as the Court may order and of which you may receive subsequent notices, you or your attorney must file with the Court a written response explaining your position at: United States Bankruptcy Court 211 West Fort Street, Suite 2100 Detroit, Michigan 48226 PLEASE TAKE FURTHER NOTICE THAT if you mail your response to the Court for filing, you must mail it early enough so the Court will receive it on or before the date above. PLEASE TAKE FURTHER NOTICE THAT you must also serve your response so that it is received on or before July 21, 2008 by the undersigned attorney.
PLEASE TAKE FURTHER NOTICE THAT if no response to the Objection is timely filed and served, the Court may grant the Objection and enter the order without a hearing as set forth in Rule 9014-1 of the Local Rules for the United States Bankruptcy Court for the Eastern District of Michigan. Respectfully submitted, BOYLE BURDETT By:s/H. William Burdett, Jr. Eugene H. Boyle, Jr. (P42023) H. William Burdett, Jr. (P63185) 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) burdett@boyleburdett.com Attorneys for the Collins & Aikman Litigation Trust
NOTICE OF HEARING PLEASE TAKE NOTICE that a hearing on The Collins & Aikman Litigation Trusts (the Trust) Fifty-First Omnibus Objection to Claims (the Fifty-First Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on July 31, 2008 at 2:00 p.m., or as soon thereafter as counsel may be heard, in his courtroom in the United States Bankruptcy Court, 211 West Fort Street, Detroit, Michigan 48226. PLEASE TAKE FURTHER NOTICE that the July 31, 2008 hearing (the Hearing) may be adjourned thereafter from time to time without further notice to claimants and other parties in
1
interest other than the announcement of the adjourned date at the Hearing or any other hearing thereafter. PLEASE TAKE FURTHER NOTICE that you need not appear at the Hearing if you do not object to the relief requested in the Fifty-First Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Fifty-First Omnibus Objection are timely filed and served, the Court may grant the Fifty-First Omnibus Objection and enter the order without a hearing as set forth in Rule 9014-1 of the Local Rules for the United States Bankruptcy Court for the Eastern District of Michigan. Respectfully submitted, BOYLE BURDETT By:s/H. William Burdett, Jr. Eugene H. Boyle, Jr. (P42023) H. William Burdett, Jr. (P63185) 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) burdett@boyleburdett.com Attorneys for the Collins & Aikman Litigation Trust
EXHIBIT A
ORDER GRANTING THE COLLINS & AIKMAN LITIGATION TRUSTS FIFTY-FIRST OMNIBUS OBJECTION TO CLAIMS Upon the Collins & Aikman Litigation Trusts (the Trust) Fifty-First Omnibus Objection, dated June 27, 2008; and upon consideration of the supporting papers and the files and records in these cases and upon the arguments and testimony presented at a hearing before the Court; and any responses to the Fifty-First Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Fifty-First Omnibus Objection and the relief requested therein; and it appearing that notice of
the Fifty-First Omnibus Objection was sufficient and no other or further notice need be provided; and after due deliberation and sufficient cause appearing therefore, it is ORDERED: 1. 2. The Fifty-First Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B to the Fifty-First Omnibus Objection are
disallowed and expunged for all purposes. 3. 4. This Order is effective without further action of the Debtors and the claimants. The Debtors, the Trust, and Kurtzman Carson Consultants, LLC are authorized to
take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Fifty-First Omnibus Objection. 5. The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry. 6. The Court retains jurisdiction with respect to all matters arising from or relating to
the implementation of this Order.
EXHIBIT B
Claim No. 1732 David M Godin 360 Frances H Clayton 4821 Gary E Wetherby 8071 Jeffrey S Frensley Esq 361 Linda Keatts 1106 Norman Langwothy 4294 Rick A Fracassa 359 Ronald C Spry 176 Stacy L Allen 1722 Traci Logan
Name
Claim Amount Unliquidated $647,856.36 $800,000.00 $550,000.00 $600,000.00 $500,000.00 > 100,000.00 $655,000.00 300000-3000000 $500,000.00

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) ) COLLINS & AIKMAN CORPORATION,

been made to this or any other Court.

Dated: June 27, 2008

Dated: June 27, 2008

Dated: June 27, 2008

the implementation of this Order.

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