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In The United States Bankruptcy Court Eastern District of Michigan Southern Division
In The United States Bankruptcy Court Eastern District of Michigan Southern Division
et al.1 Debtors. ) ) ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
Hearing Date: January 25, 2007 at 11:00 a.m.
DEBTORS OMNIBUS OBJECTION STATUS REPORT IN SUPPORT OF MOTION FOR AN ORDER APPROVING THE DEBTORS DISCLOSURE STATEMENT AND RELIEF RELATED THERETO The above-captioned debtors (collectively, the Debtors) respectfully submit this Omnibus Objection Status Report in Support of Motion for Entry of an Order Approving the Debtors Disclosure Statement and Relief Related Thereto (the Motion) and to advise the Court of the current status of the objections (the Objections) filed to the Motion and the Disclosure Statement filed with the Court on December 22, 2006 (the Disclosure Statement).
1 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. 05-55991; 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. 05-55964; 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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0555927070122000000000011
Objection Status Report As an initial and important matter, the Debtors are pleased to advise the Court that the Debtors, the official committee of unsecured creditors (the Committee) and the unofficial steering committee for the Debtors senior, secured prepetition lenders (the
Steering Committee) have reached an agreement in principle with respect to the terms of the Debtors plan, which agreement in principle the Debtors intend to describe to the Court in further detail at the January 25, 2007 hearing. As such, the Debtors now have the support of their most significant creditor constituencies and customers regarding the terms of a plan. The Debtors intend to file a revised Disclosure Statement and plan on January 24, 2007, which will reflect the Committee accord, as well as other changes made in response to informal and formal objections to the Disclosure Statement. Similarly, the Debtors are pleased to report that they are prepared to move forward on the hearing to approve the Disclosure Statements adequacy with relatively few objections filed, and the Debtors expect that most of the Objections will be resolved prior to the Disclosure Statement hearing. Specifically, after noticing in excess of 100,000 parties of the Disclosure Statement filing, hearing date and objection deadline, only 17 parties filed an objection to the Disclosure Statement. For the convenience of the Court and parties in interest, the Debtors have attached a chart as Exhibit A to this Objection Status Report that shows each Objection, summarizes the basis for the Objection and the current status of the Objection. As noted in the chart, the Debtors already have resolved certain Objections and they are in the process of resolving several others. The Debtors respectfully submit that, for the reasons set forth in the
Motion and as will be demonstrated on the record, any Objections that remain unresolved at the hearing should be overruled.2
KIRKLAND & ELLIS LLP /s/ Ray C. Schrock Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andCARSON FISCHER, P.L.C. Joseph M. Fischer (P13452) Lawrence A. Lichtman (P35403) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors
The Debtors intend to file a revised Exhibit A with the Court on Wednesday, January 24, 2007 to reflect any updates to the Objection resolution process.
EXHIBIT A
STATUS
The Debtors and the Objecting Party are exchanging proposals to resolve this Objection
RLI Insurance
Docket No. 3909 D.S. does not adequately address workers compensation obligations D.S. does not address amount of workers comp liability or how these claims will be treated under the plan D.S. does not provide information regarding Bonds and Letters of Credit issued to C&A for North Carolina and Rhode Island Releases in the plan should not include claims arising under letters of credit obligations (specifically JPMorgan) Docket No. 3905 D.S. does not provide adequate information concerning Debtors intention with respect to certain environmental sites in New Hampshire Cannot determine if post-consummation trust will pay costs of environmental clean-up No disclosed remedy for the environmental authorities if the sites are not sold in five years (when the post consummation trust is set to terminate)
The Debtors and the Objecting Party are exchanging proposals to resolve this Objection
OBJECTING PARTY
State of Michigan Department of Environmental Quality (MDEQ)
STATUS
The Debtors and the Objecting Party are exchanging proposals to resolve this objection
Docket No. 3928 D.S. does not disclose the Oakland County Circuit Court judgment against Debtors D.S. does not disclose the Plans treatment of the litigation claim against Debtors Unclear if releases would relive JPM of obligations under letters of credit D.S. does not disclose the Effective Date Docket No. 3929 D.S. does not provided adequate information concerning treatment of insurance polices issued by ACE
The Debtors believe they have addressed the concerns of the United States Trustee, and the Debtors and the United States Trustee are exchanging proposals to resolve this Objection The Debtors and the Objecting Party are exchanging proposals to resolve this Objection
ACE Group
The Debtors have contacted the Objecting Party to attempt to resolve this objection
OBJECTING PARTY
STATUS
Town of Farmington, NH
The Debtors and the Objecting Party are exchanging proposals to resolve this Objection
Century Indemnity Company, Continental Insurance Company, Continental Casualty Company, St. Paul Surplus Lines Insurance Company, and The Travelers Indemnity Company
The Debtors and the Objecting Party are exchanging proposals to resolve this Objection
The Debtors have contacted the Objecting Party to attempt to resolve the Objection
OBJECTING PARTY
McKay Shields LLC
STATUS
The Debtors have contacted the Objecting Party to attempt to resolve the Objection
H.P. Pelzer Automotive System, Inc. IRS Hallmark Technologies Tri-Way Mold & Engineering Phillips Tool & Mould
The Debtors have contacted the Objecting Party to attempt to resolve the Objection
Resolved: Counsel for the IRS has confirmed that its objection does not relate to the adequacy of the Disclosure Statement and that the IRS is not objecting to the approval thereof
The Debtors and the Objecting Party will be exchanging proposals to resolve this Objection
The Debtors and the Objecting Party will be exchanging proposals to resolve this Objection
The Debtors and the Objecting Party will be exchanging proposals to resolve
OBJECTING PARTY
STATUS
this Objection
The Debtors have contacted the Objecting Party to attempt to resolve this Objection
CERTIFICATE OF SERVICE I, Ray C. Schrock, an attorney, certify that on the 22nd day of January, 2007, I caused to be served, by e-mail, facsimile and by overnight delivery, in the manner and to the parties set forth on the attached service lists, a true and correct copy of the foregoing Omnibus Objection Status Report in Support of Motion for Entry of an Order Approving the Debtors Disclosure Statement and Relief Related Thereto. Dated: January 22, 2007 /s/ Ray C. Schrock Ray C. Schrock
K&E 10785270.4