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

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    Chapter 11 Dockets
    The document is a stipulation between the Collins & Aikman Litigation Trust and Wells Fargo Bank N.A. regarding an amended claim. It states that Claim Number 7480, originally filed for $4,626,640, will be amended and allowed as a general unsecured claim for $3,318,480. Any distributions on the amended claim will be made according to the terms of Collins & Aikman's confirmed reorganization plan. The bankruptcy court's approval of the stipulation is requested.

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

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    Chapter 11 Dockets
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    The document is a stipulation between the Collins & Aikman Litigation Trust and Wells Fargo Bank N.A. regarding an amended claim. It states that Claim Number 7480, originally filed for $4,626,640, will be amended and allowed as a general unsecured claim for $3,318,480. Any distributions on the amended claim will be made according to the terms of Collins & Aikman's confirmed reorganization plan. The bankruptcy court's approval of the stipulation is requested.

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    The document is a stipulation between the Collins & Aikman Litigation Trust and Wells Fargo Bank N.A. regarding an amended claim. It states that Claim Number 7480, originally filed for $4,626,640, will be amended and allowed as a general unsecured claim for $3,318,480. Any distributions on the amended claim will be made according to the terms of Collins & Aikman's confirmed reorganization plan. The bankruptcy court's approval of the stipulation is requested.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    43 views6 pages

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

    Uploaded by

    Chapter 11 Dockets
    The document is a stipulation between the Collins & Aikman Litigation Trust and Wells Fargo Bank N.A. regarding an amended claim. It states that Claim Number 7480, originally filed for $4,626,640, will be amended and allowed as a general unsecured claim for $3,318,480. Any distributions on the amended claim will be made according to the terms of Collins & Aikman's confirmed reorganization plan. The bankruptcy court's approval of the stipulation is requested.

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    of 6

    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

    STIPULATION AMENDING CLAIM NUMBER 7480 This Stipulation, by and between the Collins & Aikman Litigation Trust (the Trust), as successor to the above-captioned Debtors (collectively, the Debtors) pursuant to the Plan (as hereinafter defined), and Wells Fargo Bank N.A., as Trsutee for the Registered Holders of JP Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates Series 2002-CIBC5 (the Claimant) (the Trust and Claimant shall be collectively referred to as the Parties), amends Claim Number 7480 (the Claim).

    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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    WHEREAS, on May 17, 2005 (the Petition Date), the Debtors filed petitions for relief under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court); WHEREAS, on November 11, 2006, Becker 350 Stephenson LLC filed the Claim in the amount of $4,626,640. WHEREAS, on March 16, 2007, the Claimant filed a Notice of Transfer of the Claim from Becker 350 Stephenson LLC to Claimant. WHEREAS, in an effort to avoid the risks and expenses of litigation, the Parties have entered into negotiations to resolve the Claims. In connection with such negotiations, the Parties have reviewed documentation and other materials relevant to the Claims, including any support filed with or related to the Claims and the Debtors books and records as they relate to such claims. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, IT IS STIPULATED AND AGREED THAT: 1. Claim 7480 is hereby amended to and allowed as a general unsecured claim in the

    amount of $3,318,480. 2. To the extent any distributions are made on the Claim as amended by this

    Stipulation, such distributions will be made pursuant to the terms of the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries, dated July 9, 2007 (the Plan), as confirmed by the Order Confirming the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries, entered on July 18, 2007.

    3.

    The Debtors notice and claims agent, Kurtzman Carson Consultants, LLC, is

    authorized to take all actions necessary to reflect the amended Claim in amount set forth in paragraph 1, above. 4. By agreeing to enter into this Stipulation, the Parties shall not be deemed to have

    waived any right or remedy afforded to them under the Bankruptcy Code or otherwise, except as provided in this Stipulation. 5. This Stipulation may not be modified, altered or amended or vacated without the

    written consent of all parties hereto. Any such modification, alteration, amendment or vacation, in whole or in part, shall be subject to the approval of the Bankruptcy Court. The Bankruptcy Court shall retain jurisdiction to resolve any disputes or controversies arising from or related to this Stipulation. 6. A proposed order, consistent with the terms of this Stipulation, shall be submitted

    to the Bankruptcy Court following the filing of this Stipulation. SO STIPULATED, APPROVED AS TO FORM AND CONTENT: BOYLE BURDETT By:s/H. William Burdett, Jr. H. William Burdett, Jr. 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) [email protected] Dated: October 1, 2008 WARNER, NORCROSS & JUDD LLP By:s/Michael G. Cruse Michael G. Cruse 2000 Town Center, Suite 2700 Southfield, Michigan 48075 (248) 784-5131 (248) 603-9731 (facsimile) [email protected]

    EXHIBIT A

    UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.1, Debtors. ) ) ) ) ) ) ) )

    Case No. 05-55927 Chapter 11 Jointly Administered Honorable Steven W. Rhodes

    ORDER APPROVING STIPULATION RESOLVING CLAIMS Upon the Stipulation Resolving Claims (the Stipulation) entered into by and between the Collins & Aikman Litigation Trust and Wells Fargo Bank N.A., as Trsutee for the Registered Holders of JP Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates Series 2002-CIBC5, IT IS ORDERED: The Stipulation is approved 1. Claim 7480, as that term is defined in the Stipulation, is amended to and allowed

    as a general unsecured claim in the amount of $3,318,480.


    1 The Debtors in the proposed jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc.; Becker Group, LLC (d/b/a Collins & Aikman Premier Mold); Brut Plastics, Inc.; Collins & Aikman (Gibraltar) Limited; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation); Collins & Aikman Asset Services, Inc.; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.); Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.); Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.); Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.); Collins & Aikman Automotive International, Inc.; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.); Collins & Aikman Automotive Mats, LLC; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.); Collins & Aikman Automotive Services, LLC; Collins & Aikman Canada Domestic Holding Company; Collins & Aikman Carpet & Acoustics (MI), Inc.; Collins & Aikman Carpet & Acoustics (TN), Inc.; Collins & Aikman Development Company; Collins & Aikman Europe, Inc.; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.); Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.); Collins & Aikman Interiors, Inc.; Collins & Aikman International Corporation; Collins &.Aikman Plastics, Inc.; Collins & Aikman Products Co.; Collins & Aikman Properties, Inc.; Comet Acoustics, Inc.; CW Management Corporation; Dura Convertible Systems, Inc.; Gamble Development Company; JPS Automotive, Inc. (d/b/a PACJ, Inc.); New Baltimore Holdings, LLC; Owosso Thermal Forming, LLC; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.); Wickes Asset Management, Inc.; and Wickes Manufacturing Company.

    2.

    To the extent any distributions are made on Claim 7480, as amended by this

    Stipulation, such distributions will be made pursuant to the terms of the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries, dated July 9, 2007 (the Plan), as confirmed by the Order Confirming the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries, entered on July 18, 2007. 3. The Debtors notice and claims agent, Kurtzman Carson Consultants, LLC, is

    authorized to take all actions necessary to withdraw and expunge the Claim.

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