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 THIRTY-SIXTH 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 Thirty-Sixth 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.
0W[;($5
0555927080421000000000003
#&
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 Thirty-Sixth Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Thirty-Sixth Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Thirty-
Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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) [email protected] 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 THIRTY-SIXTH 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 Thirty-Sixth Omnibus Objection to Claims (Insufficient Books and Records) (the Thirty-Sixth 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 ThirtySixth 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 Thirty-Sixth 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) [email protected] 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) Thirty-Sixth Omnibus Objection to Claims (the Thirty-Sixth 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 Thirty-Sixth Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Thirty-Sixth Omnibus Objection are timely filed and served, the Court may grant the Thirty-Sixth 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) [email protected] Attorneys for the Collins & Aikman Post Consummation Trust
EXHIBIT A
ORDER GRANTING THE COLLINS & AIKMAN POST-CONSUMMATION TRUSTS THIRTY-SIXTH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) Upon the Collins & Aikman Post-Consummation Trusts (the Trust) Thirty-Sixth 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 Thirty-Sixth Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Thirty-Sixth Omnibus Objection and the relief requested therein; and it
1
appearing that notice of the Thirty-Sixth 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 Thirty-Sixth Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B to the Thirty-Sixth 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 Thirty-Sixth 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 Thirty-Sixth 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. 8511 1626 7273 6851 1342 6122 8563 6073 8586 8586 8512 2249 8304 6729 8697
Name Becker 150 Stephenson LLC Bonney Forge Corporation Cisco Systems Capital Corporation El Paso Natural Gas Company Ohio Bureau of Workers Compensation PepsiCo Inc Primary Energy of North Carolina LLC Textron Finanical Corporation Textron Inc Textron Inc Troy Concept Center LLC Unum Life Insurance Company of America US Dept of Justice on Behalf of US Environmental Protection Agency Viacom International Inc Wilson Sporting Goods Co
Claim Amount $12,500.00 $157,150.20 $65,000.00 $16,064.64 $21,814,613.77 $16,064.64 Unliquidated No less than $58,489,197.47 No Less than $87,358,516.83 See Attachment A $12,500.00 $553,289.54 See Attached See Attachments $16,064.64
Claim Class Administrative Secured Secured Secured Priority Secured Priority Secured Secured Priority Priority Priority Secured Secured Secured

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

Uploaded by

Document Information

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,

been made to this or any other Court.

Dated: April 8, 2008

Dated: April 8, 2008

Dated: April 8, 2008

the implementation of this Order.

You might also like