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 SIXTY-FIFTH 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 (the Plan) as confirmed by order of the Bankruptcy Court, hereby files this omnibus objection (the Sixty-Fifth Omnibus Objection) to the claims listed on Exhibit B because those claims arise out of alleged injury due to asbestos exposure. Although the claims set forth on Exhibit B were initially categorized as
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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general unsecured claims, these claims are Potentially Insured Claims, as defined by the Plan, and therefore should be assigned to the Residual Claims Trust. The Trust requests, therefore, the entry of an order, substantially in the form of Exhibit A, classifying the claims identified on Exhibit B as Potentially Insured Claims, and assigning those claims to the Residual Claims Trust. Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure, Claimants receiving this Sixty-Fifth Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Sixty-Fifth Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Sixty-
Fifth 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 Sixty-Fifth 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 Sixty-Fifth Omnibus Objection is timely filed. (Order at 49.) Objection to Asbestos Claims 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 claims arising from alleged asbestos exposure. The claims identified on Exhibit B were initially classified as general unsecured claims. Pursuant to the Plan, as confirmed by the Order, these claims should be classified as Potentially Insured Claims. Pursuant to the
Residual Claims Trust Agreement, as contemplated by the Plan, Debtors liabilities associated with Potentially Insured Claims and Insured claims were transferred, assigned and delivered to the Residual Trust. (Ex. C at 2.3(a).) In order to ensure the claims listed on Exhibit B are correctly assigned to the Residual Claims Trust, the Litigation Trust respectfully requests that this Court enter an Order defining the claims as Potentially Insured Claims, and assigning them to the Residual Claims Trust. This Objection is without prejudice to the Residual Claims Trust to object to, contest, or otherwise resolve the claims on Exhibit B, and is in no way intended to waive or release any rights or obligations of any party arising from the Plan, the Order, the Residual Claims Trust Agreement, or any other document related thereto. Notice 7. Pursuant to Article VII.A.1 of the Plan, the Sixty-Fifth 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 Sixty-Fifth Omnibus Objection has also been filed with the
Capitalized terms used in this paragraph not otherwise defined herein shall have the meanings set forth in the Plan and the Order.
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 Sixty-Fifth Omnibus Objection has
been made to this or any other Court. WHEREFORE, the Trust respectfully requests entry of an order, substantially in the form attached hereto as Exhibit A, (a) classifying the claims identified on Exhibit B as Potentially Insured Claims; (b) assigning the claims identified on Exhibit B to the Residual Claims Trust; and (c) 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: July 18, 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 SIXTY-FIFTH OMNIBUS OBJECTION TO CLAIMS 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 Sixty-Fifth Omnibus Objection to Claims (the Sixty-Fifth Omnibus Objection).
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 SixtyFifth 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 Sixty-Fifth Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than August 11, 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 August 11, 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) Sixty-Fifth Omnibus Objection to Claims (the Sixty-Fifth Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on August 21, 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 August 21, 2008 hearing (the Hearing) may be adjourned thereafter from time to time without further notice to claimants and other
1
parties in 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 Sixty-Fifth Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Sixty-Fifth Omnibus Objection are timely filed and served, the Court may grant the Sixty-Fifth 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 SIXTY-FIFTH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS & RECORDS) Upon the Collins & Aikman Litigation Trusts (the Trust) Sixty-Fifth Omnibus Objection, dated July 18, 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 Sixty-Fifth Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Sixty-Fifth Omnibus Objection and the relief requested therein; and it appearing that notice
1
of the Sixty-Fifth 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 Sixty-Fifth Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B are classified as Potentially Insured Claims
and are assigned to the Residual Claims Trust, as those terms are defined in the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries. 3. claimants. 4. The Debtors, the Trust, and Kurtzman Carson Consultants, LLC are authorized to This Order is effective without further action of the Trust, Debtors or the
take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Sixty-Fifth 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.
Name
Claim Amount $25,000.00 on behalf $25,000.00 on Behalf $200,000.00 on Behalf $25,000.00 on behalf $50,000.00 on behalf $25,000.00 on Behalf $25,000.00 on Behalf $50,000.00 on Behalf $200,000.00 on Behalf $25,000.00 on behalf $25,000.00 on Behalf $25,000.00 on behalf $25,000.00 on Behalf $25,000.00 on Behalf $25,000.00 on behalf $50,000.00 on behalf $25,000.00 on Behalf $25,000.00 on behalf $25,000.00 on Behalf $50,000.00 on behalf $25,000.00 Behalf $200,000.00 behalf $25,000.00 Behalf $25,000.00 behalf $200,000.00 behalf $50,000.00 Behalf $25,000.00
6197 Heard Robins Cloud & Lubel Heard Robins Cloud & Lubel 7298 of Allen R Bryant Heard Robins Cloud & Lubel 5641 of Amos Gutierrez Estate Heard Robins Cloud & Lubel 5637 of Andrew Thomas Sr Heard Robins Cloud & Lubel 5727 of Anna A Terry Heard Robins Cloud & Lubel 7306 of Brad Lanthier Heard Robins Cloud & Lubel 5640 of Carmon Dukes Jr Heard Robins Cloud & Lubel 7710 of Cecil I Hilton Heard Robins Cloud & Lubel 7010 of Charles E Miller Estate Heard Robins Cloud & Lubel 5656 of Conrad Prell Heard Robins Cloud & Lubel 7305 of Curley J Adams Heard Robins Cloud & Lubel 6195 of Curtis LeBouef Heard Robins Cloud & Lubel 7303 of Dan Billings Heard Robins Cloud & Lubel 6609 of DH James Heard Robins Cloud & Lubel 5633 of Don Williams Heard Robins Cloud & Lubel 7300 of Donald DeWeese estate Heard Robins Cloud & Lubel 7301 of Elam Davis Heard Robins Cloud & Lubel 7009 of Estevan L Morales Heard Robins Cloud & Lubel 7296 of George Marshall Heard Robins Cloud & Lubel 5643 of J B Allen Heard Robins Cloud & Lubel 7299 of James E Byerly
Heard Robins Cloud & Lubel on 5639 of James R Drummond Estate Heard Robins Cloud & Lubel on 7304 of Jeffrey Angelle Heard Robins Cloud & Lubel on 5634 of Jerry Nunez Estate Heard Robins Cloud & Lubel on 7723 of John A Olsen estate Heard Robins Cloud & Lubel on 5920 of Johnnie M Harvey estate Heard Robins Cloud & Lubel on 7534 of Kenneth W Hilton
Heard Robins Cloud & 6594 of Leola Landry Heard Robins Cloud & 5620 of Lewis Riggs Estate Heard Robins Cloud & 6758 of Michael Theriot Heard Robins Cloud & 7302 of Paul D Proctor
Lubel on Behalf $50,000.00 Lubel on Behalf $200,000.00 Lubel on behalf $25,000.00 Lubel on behalf $25,000.00 on Behalf $200,000.00 on Behalf $25,000.00 on Behalf $200,000.00 on Behalf $25,000.00 on Behalf $25,000.00 on Behalf $25,000.00
Heard Robins Cloud & Lubel 5615 of Ronald J Hargrave Estate Heard Robins Cloud & Lubel 6189 of Roy Tittle Heard Robins Cloud & Lubel 7533 of Sandra Montgomery Heard Robins Cloud & Lubel 5636 of Tommy Strong Heard Robins Cloud & Lubel 6191 of Tony D Weeks Heard Robins Cloud & Lubel 6194 of Virgil W Pratt
Heard Robins Cloud & Lubel on behalf 7297 of Walter D Broadrick estate Heard Robins Cloud & Lubel on behalf 5728 of Willie C Jones Heard Robins Cloud & Lubel on Behalf 7667 of Willie Manuel 4033 Henry Doerr 3838 Herbert Haynie 3545 Herman Harrison 3494 Herman Johnson 4110 Howard Martin 4089 J H Menges 3561 Jack Conn 3495 Jack Humphrey 3476 Jack Rittenberg 4217 Jack Servis 3551 James & Lois Dunkley 3502 James Burel 5231 James Conlin 3977 James Cunninghman 4029 James D Loop
$200,000.00 $50,000.00 $50,000.00 >25000.00 >25000.00 $2,700.00 $1,500.00 >25000.00 >25000.00 $2,700.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $20,000.00 >25000.00 >25000.00
3546 James Halfcare PR for William Halfacre 5246 James J Mahaffey 3488 James Militello 4023 James Paul Perry 4440 James R Beach 3973 James Tedlock 6883 Jerry Johnson 4891 Jerry Rutledge for Raymond Rutledge 3985 Jerry Sears 3492 Jess Mccoy 5372 Jimmy Coleman 3553 Joanne Coulston PR for Erwin Coulston 4161 John Floyd Irving 4112 John R Clish 2576 John Stowe 3972 Joseph Elley Templett 3994 Joseph Evangelista 3999 Joseph Keleman 5190 Joseph Podvin 3509 Judy Smith PR for Gilbert Underwood 3500 Keith Freeze 5245 Keith Koller 4940 Kenneth B Bueckers 5371 Kenneth Buckingham 5237 Kenneth Fiedler 1244 Kenneth G Morrison 4032 Kenneth J Brown 4107 Kenneth Joseph Brown Kimberly Mathieu PR for Thomas 3516 Ramsay
$3,900.00 $20,000.00 $1,500.00 >25000.00 >25000.00 >25000.00 $1,500.00 $100,000.00 $1,500.00 $1,500.00 $1,500.00 $3,900.00 >25000.00 >25000.00 Reviewing debtor liability >25000.00 >25000.00 $1,500.00 $20,000.00 $25,000.00 $1,500.00 $20,000.00 $20,000.00 $1,500.00 $20,000.00 $150,000.00 >25000.00 >25000.00 $3,900.00
3547 Kurt Gould 4916 Larrie Albrecht 4210 Larry & Debra Wynn 4091 Larry Fidell Cashero 3978 Larry Lindroth 3995 Larry Loewengruber 4096 Laurence Smith 3991 Lawrence Nielsen
$3,900.00 $20,000.00 $1,500.00 >25000.00 >25000.00 $1,500.00 >25000.00 $1,500.00
EXHIBIT C

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

Dated: July 18, 2008

Dated: July 18, 2008

Dated: July 18, 2008

the implementation of this Order.

$3,900.00 $20,000.00 $1,500.00 >25000.00 >25000.00 $1,500.00 >25000.00 $1,500.00

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