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 THIRTIETH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) The Collins & Aikman Post-Consummation Trust (the PCT) (the Trust), as successors 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 Thirtieth Omnibus Objection) to the claims listed on Exhibit B because there is insufficient support for the classification claimed in the books and records of the Debtors. Thus,
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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the Trust requests the entry of an order, substantially in the form of Exhibit A, reclassifying the claims set forth on Exhibit B as general unsecured claims.2 Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure, Claimants receiving this Thirtieth Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Thirtieth Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Thirtieth
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 Thirtieth 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, this Thirtieth Omnibus Objection is timely filed. (Order at 49.)
This Objection is without prejudice to the Litigation Trusts right to object to the Claims set forth on Exhibit B should they be reclassified.
Objection to Claims With Insufficient Support in the Books & Records of Debtors 6. The Debtors are in the process of reviewing, evaluating, and even paying certain
claims that have been filed against them. In that process, many claims have lack support in the books and records of Debtors for the classifications claimed. (Ex. B.) Thus, the Claims listed on Exhibit B should be reclassified as general unsecured claims. 7. This Thirtieth Omnibus Objection is without prejudice to the Collins & Aikman
Litigation Trusts ability to otherwise object to the claims set forth on Exhibit B. Notice 8. Pursuant to Article VII.A.1 of the Plan, the Thirtieth Omnibus Objection (with
exhibits) and a notice thereof will be served upon the Holders of such Claims and the United States Trustee.3 A copy of the Thirtieth 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. 9. No prior request for the relief sought in the Thirtieth Omnibus Objection has been
made to this or any other Court.
3 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) reclassifying the Claims identified on Exhibit B as general unsecured claims; 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: April 8, 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 THIRTIETH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) 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 Thirtieth Omnibus Objection to Claims (Insufficient Books and Records) (the Thirtieth 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 Thirtieth 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 Thirtieth Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than May 12, 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 May 12, 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) Thirtieth Omnibus Objection to Claims (the Thirtieth Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on May 22, 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 May 22, 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 Thirtieth Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Thirtieth Omnibus Objection are timely filed and served, the Court may grant the Thirtieth 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 POST-CONSUMMATION TRUSTS THIRTIETH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) Upon the Collins & Aikman Post-Consummation Trusts (the Trust) Thirtieth Omnibus Objection, dated April 8, 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 Thirtieth Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Thirtieth Omnibus Objection and the relief requested therein; and it appearing that notice of
1
the Thirtieth 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 Thirtieth Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B to the Thirtieth Omnibus Objection are
reclassified as general unsecured claims. 3. This Order is without prejudice to the Collins & Aikman Litigation Trusts right
to object in any way to the claims identified on Exhibit B to the Thirtieth Omnibus Objection. 4. 5. 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 Thirtieth Omnibus Objection. 6. The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry. 7. The Court retains jurisdiction with respect to all matters arising from or relating to
the implementation of this Order.
EXHIBIT B
Claim No. 2774 Alan Penterics 2774 Alan Penterics 5361 Allen T Cockman 3751 Allyn Fay 2181 Alvin Kolpacke 2296 Annie C Wells 1968 Anthony D Long 3302 Archie West 4385 Argentina Perez
Name
Claim Amount Blank Blank $5,000.00 5207.72 + Blank $3,600.00 $2,006.79 374.44 per month $2,941.12 $150.00 Blank Unknown $46,621.32 $17,516.66 $43,200.00 Blank 257.17 per month $7,511.35 Blank $42,120.00 $5,741.37 $34,000.00 Blank 4115.40 per yr $4,115.40 Amount Unknown Blank Life Time Retirement Benefits 477.12 Each Month X Lifetime 4580/month until death Blank $9,344.00 See Attachment $4,925.00 600.00 per year $36,950.00 $190,485.05 6000.00 + 1200/year $348.00 $14,866.39 110.70 per mo $2,400.00 238.38 monthly for life unsure 183.10 per month $6,000.00
Claim Class Secured Priority Priority Priority Secured Priority Priority Priority Secured Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Secured Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Secured Priority
6603 Arlene Westendorf 2222 Avie Stiles 4574 Barbara A Moses 8074 Barbara A Osborne 2085 Barbara J Hamlett 6376 Bernyce E Wright 3758 Bertha Dubois 4342 Beth E Williams 6780 Betty Sue Ringman 2778 Beverly Beers 3576 Blanca Dicecco 6835 Brian R Bills 6646 Bruno Sroka 6433 Carolyn Wood 4377 Charles Keezel 4377 Charles Keezel 4278 Claudia Payne 1899 Colin J Bain 4303 Daniel J Gerhard 3478 Darwin Helmer 421 Dean C Gaskins 4300 Deanna Poore 4596 Debra D Dellinger 2492 Diane G Prock 214 Dianne Kokkinos 6713 Donald E Hafey 1291 Donald J Deneweth 6588 Donald L Lowery 2185 Donald Mackenzie 4153 Dwight James Brown 1153 Earnestine M Propst 3155 Edgar J Harvey 2518 Eleanor Daub 4388 Elinor C Moss 2599 Elnor Walbridge 2269 Elsie R Williams 6027 Ernest J Binfon
3111 Ethel M Price 2553 Ethel Mae Neeley 4295 Flora Major 1154 Frank Hudak 2436 Freda Manser 4274 Genichiro Yanagita 2066 George W Royal Jr 4263 Gerald F Farnell 3665 Gilbert Hilt 1122 Gregory Rine 4896 Harold A Bob Suarez 3929 Harold M Butcher 1012 Harold R Sunday 4399 Harold Reuben 4399 Harold Reuben 1936 Harvey Margulis 2435 Henry R Manser 2655 Herbert A Howell 1151 Illona Al Jaleel 2019 Irene Garcia 3208 Jack Eschmann 3926 James B Satterly 2444 James R Stephens 4214 Jaye D Griffith 2565 Jean E Davis 4585 Jeff L Rummage 1152 Jeff Walser 8562 Jefferson Chalub 3309 Jim Carson 1900 John Mesch 3195 John Roush 4558 Jones Cecil 8712 Juanita Adams 6431 Karen Gentry 2641 Kevin E Nichols
Blank Blank indeterminable $11,490.42 158.83 Monthly Until Death 124.44/month 88.67/mo $133,200.00 50.00/mo $10,928.97 Unknown $250.00 $1,000,000.00 $0.00 Unknown 37500.00 + 1200/yr med benefit Blank 6000.00 Life Ins $25,462.16 $5,000.00 1016.30 Per Month $2,225.00 188.81 Retirement to Death $49,596.19 Blank Unknown $13,802.30 $1,926.69 $5,637.12 Blank Blank Unknown $100.20 $20,011.70 $3,084.66
Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Secured Priority Secured Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority

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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: April 8, 2008

Dated: April 8, 2008

Dated: April 8, 2008

the implementation of this Order.

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