Scribd Logo
Upload

Welcome to Scribd!

  • 99 views

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

    Uploaded by

    Chapter 11 Dockets
    The document summarizes a stipulation between the Collins & Aikman Post-Consummation Trust and Unum Life Insurance Company of America to resolve Claim 2249 filed in Collins & Aikman Corporation's Chapter 11 bankruptcy case. The stipulation allows the claim in the amount of $250,000 and requires payment within 15 days of court approval. Upon payment, Unum agrees to release all claims related to the subject matter of the claim. The stipulation is submitted for court approval.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

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

    Uploaded by

    Chapter 11 Dockets
    99 views5 pages
    The document summarizes a stipulation between the Collins & Aikman Post-Consummation Trust and Unum Life Insurance Company of America to resolve Claim 2249 filed in Collins & Aikman Corporation's Chapter 11 bankruptcy case. The stipulation allows the claim in the amount of $250,000 and requires payment within 15 days of court approval. Upon payment, Unum agrees to release all claims related to the subject matter of the claim. The stipulation is submitted for court approval.

    Original Title

    10000029797

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes a stipulation between the Collins & Aikman Post-Consummation Trust and Unum Life Insurance Company of America to resolve Claim 2249 filed in Collins & Aikman Corporation's Chapter 11 bankruptcy case. The stipulation allows the claim in the amount of $250,000 and requires payment within 15 days of court approval. Upon payment, Unum agrees to release all claims related to the subject matter of the claim. The stipulation is submitted for court approval.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    99 views5 pages

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

    Uploaded by

    Chapter 11 Dockets
    The document summarizes a stipulation between the Collins & Aikman Post-Consummation Trust and Unum Life Insurance Company of America to resolve Claim 2249 filed in Collins & Aikman Corporation's Chapter 11 bankruptcy case. The stipulation allows the claim in the amount of $250,000 and requires payment within 15 days of court approval. Upon payment, Unum agrees to release all claims related to the subject matter of the claim. The stipulation is submitted for court approval.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) COLLINS & AIKMAN CORPORATION, et al.

    1 ) ) Debtors. ) ) ) ) ) ) _________________________________________) In re: Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

    STIPULATION RESOLVING CLAIM 2249 This Stipulation, by and between 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, and Unum Life Insurance Company of America (the Claimant) (the Trust and Claimant shall be collectively referred to as the Parties), resolves Claimants Claim Number 2249 (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.

    0W[;(*!

    0555927081001000000000017

    1t

    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, Claimant filed the Claim in the secured amount of $553,289.54; WHEREAS, in an effort to avoid the risks and expenses of litigation, the Parties have entered into negotiations to resolve the Claim. In connection with such negotiations, the Parties have reviewed documentation and other materials relevant to the Claim, including any support filed with or related to the claims and the Debtors books and records as they relate to the Claim. 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. 2. The Claim is amended to and allowed in the amount of $250,000. The Trust shall pay the Claim, as amended in paragraph 1 of this Stipulation,

    within 15 days of the entry of an order approving this Stipulation. Payment shall be made by wire transfer, in U.S. funds, to
    Bank Name: Address: Routing & Transit Number: Beneficiary Name: Depository Account #: Bank of America New York, NY 026009593 Unum 3752133617

    3.

    Upon receipt of payment set forth in paragraph 2 of this Stipulation, Unum shall

    be deemed to have waived and released any and all claims, lawsuits or causes of action, of any sort or kind Claimant has had, or may have in the future, relating to, or arising out of the subject matter of, the Claim.

    4.

    Upon entry of an order approving this Stipulation, the Trusts Thirty-Sixth and

    Thirty-Seventh Omnibus Objections, as they pertain to the Claim, shall be withdrawn with prejudice, which withdrawal shall bar and preclude any and all objections, counterclaims, and defenses that were or might have been made with respect to the Claim. 5. The Debtors notice and claims agent, Kurtzman Carson Consultants, LLC, is

    authorized to take all actions necessary to withdraw and expunge the Claim. 6. 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. 7. 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. SO STIPULATED, APPROVED AS TO FORM AND CONTENT: BOYLE BURDETT By:s/H. William Burdett, Jr. Eugene H. Boyle, Jr. H. William Burdett, Jr. 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 Litigation Trust Date: September 30, 2008
    1588718-1

    MARCUS, CLEGG & MISTRETTA, P.A. By:s/George J. Marcus___________ George Marcus 100 Middle Street East Tower Portland, Maine 04101-4012 (207) 828.8000 (207) 773.3210 (facsimile) [email protected] Attorneys for Claimant

    IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) COLLINS & AIKMAN CORPORATION, et al.2 ) ) Debtors. ) ) ) ) ) ) _________________________________________) In re: Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

    ORDER APPROVING STIPULATION RESOLVING CLAIM 2249 This matter having come before the Court upon the stipulation (the Stipulation) by and between 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, and Unum Life Insurance Company of America (the Claimant) (the Trust and Claimant shall be collectively referred to as the Parties), resolving Claimants

    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.

    Claim Number 2249 (the Claim); the Court having reviewed the Stipulation and being otherwise advised in the premises;

    IT IS HEREBY ORDERED that the Stipulation is APPROVED. The Claim is amended to and allowed in the amount of $250,000. The Trust shall pay the Claim, as amended by this Order pursuant to the terms and subject to the conditions set forth in the Stipulation.

    You might also like