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 POST-CONSUMMATION TRUSTS FOURTH OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED SECURED CLAIMS) The Collins & Aikman Post-Consummation 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 Fourth Omnibus Objection) to the claims listed on Exhibit B as Amended and/or Replaced Secured Claims and request the entry of an order, substantially in the form of Exhibit A, disallowing the
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.
0W[;("%
0555927080205000000000006
&)
Amended and/or Replaced Secured Claims that are listed on Exhibit B. Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure, Claimants receiving this Fourth Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Fourth Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Fourth
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 Fourth 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 Trust 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, this Fourth Omnibus Objection is timely filed. (Order at 49.)
Objection to Amended and/or Replaced Secured Claims 6. The Debtors are in the process of reviewing and evaluating the claims that have
been filed against them. In that process, a number of claims have been identified as having been amended and/or replaced by a subsequently filed claims. (Ex. B.) Debtors have concluded that each such Amended and/or Replaced proof of claim is now contained within the corresponding proof of claim identified as a surviving claim on Exhibit B. The Amended and/or Replaced claims were filed against the same Debtors and appear to include previous dollar amounts from the previous claims. Thus, it appears that the claimant filed a proof of claim for reimbursement more than once. To adjust the claims database to reflect the correct liabilities to the claimants, the Debtors request that the Court disallow the Amended and/or Replaced claims. Because this objection to the Amended and/or Replaced claims does not constitute an objection to the surviving claims indicated on Exhibit B, the Debtors reserve the right to object to such surviving claims on any grounds whatsoever. Notice 7. Pursuant to Article VII.A.1 of the Plan, the Fourth 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 Fourth 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 Fourth Omnibus Objection has been
made to this or any other Court.
2 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 the Amended and/or Replaced Secured 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 Post Consummation Trust
Dated: February 5, 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 POST-CONSUMMATION TRUSTS FOURTH OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED SECURED CLAIMS) PLEASE TAKE NOTICE THAT the Collins & Aikman Post-Consummation 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 Fourth Omnibus Objection to Claims (Amended and/or Replaced Secured Claims) (the Fourth 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 Fourth 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 Fourth Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than February 20, 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 February 20, 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 Post Consummation Trust
NOTICE OF HEARING PLEASE TAKE NOTICE that a hearing on the Collins & Aikman Post-Consummation Trusts (the Trust) Fourth Omnibus Objection to Claims (the Fourth Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on March 27, 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 March 27, 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 Fourth Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Fourth Omnibus Objection are timely filed and served, the Court may grant the Fourth 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 Post Consummation Trust
EXHIBIT A
ORDER GRANTING THE COLLINS & AIKMAN POSTCONSUMMATION TRUSTS FOURTH OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED SECURED CLAIMS) Upon the Collins & Aikman Post-Consummation Trusts (the Trust) Fourth Omnibus Objection, dated February 5, 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 Fourth Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Fourth Omnibus Objection and the relief requested therein; and it appearing that notice of the
1
Fourth 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 Fourth Omnibus Objection is granted in its entirety. The Amended and/or Replaced Claims identified on Exhibit B to the Fourth
Omnibus Objection are disallowed for all purposes. The Surviving Claims identified on Exhibit B to the Fourth Omnibus Objection remain unaffected by this Order. This Order is without prejudice to the Trusts right to object to the Surviving Claims identified on Exhibit B to the Fourth Omnibus Objection on any ground whatsoever. 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 Fourth 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
Amended and/or Replaced Claim Objections
Claim # to be disallowed Nature $37,714.94 Secured Collins & Aikman Corporation $66,120.13 Secured Collins & Aikman Corporation $172,593.81 Secured Dura Convertible Systems, Inc. $372,845.99 Secured New Baltimore Holdings, LLC $405,824.47 Secured Collins & Aikman Corporation
Claim # to survive Creditor Name
Claim Amount
Debtor Name
Reason for Disallowance Amended and/or Replaced by Claim #6650 Amended and/or Replaced by Claim #6650
889
City of Adrian Treasurers Office
1607
City of Adrian Treasurers Office
6650
Adrian City Hall
8467
Macomb County Treasurer
Amended and/or Replaced by Claim #8526
8526
Macomb County Treasurer
2298
Muskingum County Ohio Treasurer
8703 $373,064.43 Secured Collins & Aikman Corporation $17,344.63 Secured Collins & Aikman Corporation
Muskingum County Ohio Treasurer
Collins & Aikman Accessory Mats, Inc. $346.20 Secured (f/k/a the Akro Corporation) Collins & Aikman Accessory Mats, Inc. $1,206.99 Secured (f/k/a the Akro Corporation)
1408
Oakland County Treasurer
1602
Oakland County Treasurer
In re Collins Aikman Corporation, et al. Case No. 05-55927 (SWR)
Page 1 of 1
1/31/2008 12:14 PM

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

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

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

Uploaded by

Copyright:

Available Formats

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

made to this or any other Court.

Dated: February 5, 2008

Dated: February 5, 2008

Dated: February 5, 2008

the implementation of this Order.

Amended and/or Replaced Claim Objections

Claim # to survive Creditor Name

City of Adrian Treasurers Office

City of Adrian Treasurers Office

Adrian City Hall

Macomb County Treasurer

Amended and/or Replaced by Claim #8526

Macomb County Treasurer

Muskingum County Ohio Treasurer

Amended and/or Replaced by Claim #8703

Muskingum County Ohio Treasurer

Oakland County Treasurer

Amended and/or Replaced by Claim #1602

Oakland County Treasurer

In re Collins Aikman Corporation, et al. Case No. 05-55927 (SWR)

You might also like