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

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    Chapter 11 Dockets
    This order grants the debtors' thirteenth omnibus objection to disallow and expunge certain late filed claims. Specifically, it disallows and expunges three claims filed by the City of Evart, Michigan, referred to as the Evart Claims. However, the order clarifies that the disallowance does not prejudice any rights the City may have regarding the claims or liens on the debtors' Evart, Michigan facility. The order authorizes the debtors and claims agent to take actions to effectuate the relief granted. It also reserves the debtors' right to object to the claims on other grounds and retains jurisdiction over related matters.

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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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    This order grants the debtors' thirteenth omnibus objection to disallow and expunge certain late filed claims. Specifically, it disallows and expunges three claims filed by the City of Evart, Michigan, referred to as the Evart Claims. However, the order clarifies that the disallowance does not prejudice any rights the City may have regarding the claims or liens on the debtors' Evart, Michigan facility. The order authorizes the debtors and claims agent to take actions to effectuate the relief granted. It also reserves the debtors' right to object to the claims on other grounds and retains jurisdiction over related matters.

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    This order grants the debtors' thirteenth omnibus objection to disallow and expunge certain late filed claims. Specifically, it disallows and expunges three claims filed by the City of Evart, Michigan, referred to as the Evart Claims. However, the order clarifies that the disallowance does not prejudice any rights the City may have regarding the claims or liens on the debtors' Evart, Michigan facility. The order authorizes the debtors and claims agent to take actions to effectuate the relief granted. It also reserves the debtors' right to object to the claims on other grounds and retains jurisdiction over related matters.

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    Download as PDF, TXT or read online from Scribd
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    19 views3 pages

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

    Uploaded by

    Chapter 11 Dockets
    This order grants the debtors' thirteenth omnibus objection to disallow and expunge certain late filed claims. Specifically, it disallows and expunges three claims filed by the City of Evart, Michigan, referred to as the Evart Claims. However, the order clarifies that the disallowance does not prejudice any rights the City may have regarding the claims or liens on the debtors' Evart, Michigan facility. The order authorizes the debtors and claims agent to take actions to effectuate the relief granted. It also reserves the debtors' right to object to the claims on other grounds and retains jurisdiction over related matters.

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    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

    ORDER GRANTING DEBTORS THIRTEENTH OMNIBUS OBJECTION TO CLAIMS (LATE FILED CLAIMS) Upon the above-captioned debtors (collectively, the Debtors) Thirteenth Omnibus Objection to Claims (Late Filed Claims) [Docket No. 4247] (the Thirteenth Omnibus Objection)2 to disallow and expunge the Late Filed Claims; it appearing that the relief requested is in the best interest of the Debtors estates, their creditors and other parties in interest; it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2); it appearing that venue of this proceeding and the Thirteenth Omnibus Objection in this District is
    1 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. 05-55991; 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. 05-55964; 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. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Thirteenth Omnibus Objection.

    K&E 11823952.2

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    proper pursuant to 28 U.S.C. Thirteenth Omnibus Objection and

    1408 and 1409; it appearing that notice of the the opportunity for a hearing on the

    Thirteenth Omnibus Objection was appropriate under the particular circumstances and that no other or further notice need by given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED 1. 2. The Thirteenth Omnibus Objection is granted as set forth herein. The relief requested in the Thirteenth Omnibus Objection is granted with respect

    to Claim Nos. 8398, 8399 and 8400 filed by the City of Evart, Michigan (collectively, the Evart Claims), which are disallowed and expunged; provided that nothing in the Thirteenth Omnibus Objection or this Order shall prejudice the rights of the City of Evart, Michigan (the City) relating to the Evart Claims under section 506(d)(2) of the Bankruptcy Code or the liens, if any, of the City against the Debtors Evart, Michigan facility (the Facility) relating to the Evart Claims under section 506(d)(2) of the Bankruptcy Code or the rights or defenses of any part with respect thereto. 3. The Debtors 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 Thirteenth Omnibus Objection. 4. The Debtors reserve all rights to object to the allowance of any of the claims

    identified in the Thirteenth Omnibus Objection on any other basis. 5. The terms and conditions of this Order shall be immediately effective and

    enforceable upon its entry without further action by the Debtors or any holders of a Late Filed Claim.

    K&E 11823952.2

    6.

    The Court retains jurisdiction with respect to all matters arising from or related to

    the implementation of this Order.


    .

    Signed on May 23, 2007 _ __ _/s/ Steven Rhodes _ _ Steven Rhodes 7. Chief Bankruptcy Judge 8.

    K&E 11823952.2

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