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 OBJECTION TO CLAIM NUMBER 8857 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 Objection to Claim Number 8857 (the Claim) filed by Daniel Detkowski (the Claimant) because there is no legal or factual basis for the Claim. Therefore, the Trust respectfully requests entry of an order substantially in the form of Exhibit A
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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that disallows and expunges the Claim for all purposes. In support of this Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider this Objection pursuant to
Paragraph 41(a) of the Order Confirming First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries (the Confirmation 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 this 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. The Claim is a general unsecured claim seeking damages in the amount of
$1,500,000. (Ex. B.) The Claim attached a Michigan Circuit Court Complaint that was filed against Collins & Aikman Corporation, Refuse Equipment Services, Inc. and ABC Compactor Company. (Ex. B.) The Claim asserts two counts against Collins & Aikman: Negligence and Premises Liability. (Ex. B.) 5. On July 9, 2007, Debtors filed the Plan. On July 18, 2007, the Court entered the
Confirmation Order confirming the Plan. The Confirmation 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 Objection is timely filed. (Order at 49.)
Objection to Claim Number 8857 6. The Claim fails because Claimant does not identify any duty that is owed to
Claimant by Collins & Aikman. Claimant alleges that he was working for Great Lakes Waste and was at Collins & Aikman to pick up a refuse compactor full of material. (Ex. B.) 7. Claimant cannot prevail on his claim of negligence because the refuse compactor
was allegedly sold by Refuse Equipment Services, Inc. and was apparently maintained by Great Lakes Waste. Under these circumstances, Claimant cannot demonstrate that Collins & Aikman had a duty to Claimant because of the intervening parties, including Claimant, that were responsible for the maintenance of the trash compactor. Thus, the Claim does not satisfy the elements for a prima facie case because Claimant cannot show that Collins & Aikmans alleged negligence was the proximate cause of Claimants purported injuries. See Skinner v. Square D. Co., 516 N.W.2d 475 (Mich. 1994) 8. Moreover, Collins & Aikman does not have a duty to Claimant because there was
no way that Collins & Aikman could have foreseen that Claimant would be injured by a wood pallet ejecting from an allegedly defective trash compactor maintained by others. Without satisfying the foreseeability element, Claimant cannot establish the fundamental elements to sustain a negligence claim. See Valcaniant v. Detroit Edison Co., 679 N.W.2d 689 (Mich. 2004). 9. Furthermore, Claimant cannot prevail because the elements that Claimant alleges
were the responsibility of Collins & Aikman were open and obvious to Claimant who maintains that he had been servicing the allegedly defective trash compactor at least weekly for over a year. Given these circumstances, the Claim should be disallowed because the allegedly missing safety precautions were open and obvious to Claimant. This applies to both premises
liability as well as negligence claims. See Laier v. Kitchen, 702 N.W.2d 199 (Mich. Ct. App. 2005). 10. Even if Claimants claim were somehow allowed, it should nevertheless be
substantially reduced. Although the Claim asserted damages in the amount of $1,500,000, Claimants damages are far lower. 11. Upon information and belief, Claimant has returned to work after this injury
demonstrating that Claimants injuries are not as substantial as Claimant asserts. Therefore, Claimants excessive damages are not supportable. 12. Moreover, upon information and belief, Claimant received workers
compensation for his injury and missed time thereby mitigating any damages that could possibly be owing on this Claim. Notice 13. Pursuant to Article VII.A.1 of the Plan, this Objection (with exhibits) and a notice
thereof will be served upon Claimant and the United States Trustee. A copy of this 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. 14. No prior request for the relief sought in this Objection has been made to this or
any other Court.
WHEREFORE, the Trust requests the entry of an order, substantially in the form of Exhibit A, disallowing and expunging Claim Number 8857 and granting such other and further relief as is just and proper. To the extent the Court is inclined to allow the claim to survive, the surviving claim should be substantially limited. 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: August 7, 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 OBJECTION TO CLAIM NUMBER 8857 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 Objection to Claim Number 8857 (the Objection).
PLEASE TAKE FURTHER NOTICE THAT your rights may be affected. 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 Objection, or if you want the Court to otherwise consider your views on the Objection, no later than September 2, 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 September 2, 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) Objection to Claim Number 8857 (the Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on September 11, 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 September 11, 2008 hearing (the Hearing) may be adjourned thereafter from time to time without further notice to claimants and
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other 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 Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Objection are 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
EXHIBIT A
ORDER GRANTING THE COLLINS & AIKMAN LITIGATION TRUSTS OBJECTION TO CLAIM NUMBER 8857 Upon the Collins & Aikman Litigation Trusts (the Trust) Objection to Claim Number 8857, dated August 7, 2008 (the Objection); 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 Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Objection and the relief requested therein; and it appearing that notice of the 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. 3. 4. The Objection is granted in its entirety. Claim 8857 is disallowed and expunged for all purposes. 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 this 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.
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In The United States Bankruptcy Court Eastern District of Michigan Southern Division

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

any other Court.

Dated: August 7, 2008

Dated: August 7, 2008

Dated: August 7, 2008

the implementation of this Order.

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