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 FIFTY-FIFTH OMNIBUS OBJECTION TO CLAIMS (LATE-FILED CLAIMS) 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 order of the Bankruptcy Court, hereby files this omnibus objection (the Fifty-Fifth Omnibus Objection) to the claims listed on Exhibit B as Late-Filed Claims and request the entry of an order, substantially in the form of Exhibit A, disallowing the Late-Filed Claims that are listed on
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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0555927080627000000000008
Exhibit B.
Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure,
Claimants receiving this Fifty-Fifth Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Fifty-Fifth Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Fifty-Fifth
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 Fifty-Fifth 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 November 22, 2005, this Court entered the Order Establishing A Bar Date for
Filing Proofs of Claim and Approving the Manner and Notice Thereof (the Bar Date Order). 5. The Bar Date Order established January 11, 2006 as the deadline by which all
creditors, subject to certain stated exceptions, were required to file their proofs of claim in the Debtors chapter 11 cases (the Bar Date). In accordance with the Bar Date Order, the Debtors mailed written notice of the Bar Date to, among others, all creditors listed on the Schedules. This notice was also published in certain local and national newspapers. Such service and publication provided adequate notice of the Bar Date to all parties in interest.
6.
On January 9, 2007, Debtors filed its Twelfth Omnibus Objection to Claims (Late
Filed Claims). This Omnibus Objection addressed claims filed after the Bar Date. Debtors Twelfth Omnibus Objection to Claims was resolved by order of this Court on February 14, 2007. 7. Since the filing of the Twelfth Omnibus Objection to Claims (Late Filed Claims),
other claims have been filed, obviously well-past the Bar Date. A list of these claims is attached as Exhibit B. Objection to Late Filed Claims 8. The Trust objects to the Late Filed Claims listed on Exhibit B because such
claims were not timely filed before the Bar Date. As indicated above, on November 22, 2005, the Court entered the Bar Date Order, setting the Bar Date for all claims as January 11, 2006. The Bar Date Order further ordered that any entity that failed to file a proof of claim by the Bar Date shall be forever barred, estopped and enjoined from, among other things, asserting such claim against the Debtors. 9. Claimants filing the Late Filed Claims listed on Exhibit B filed such claims after
the Bar Date. Therefore, pursuant to the Bar Date Order, such Late Filed Claims are barred and should be disallowed and expunged for all purposes. 10. Pursuant to Article VII.A.1 of the Plan, the Fifty-Fifth Omnibus Objection (with
exhibits) and a notice thereof will be served upon the Holders of Such Claims and the United States Trustee. A Copy of the Fifty-Fifth 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. 11. No prior request for the relief sought in the Fifty-Fifth Omnibus Objection has
been made to this or any other court regarding the claims addressed herein.
WHEREFORE, the Trust respectfully requests the entry of an order, substantially in the form attached to this Fifty-Fifth Omnibus Objection as Exhibit A, (a) disallowing and expunging the Late Filed Claims identified on Exhibit B 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) burdett@boyleburdett.com Attorneys for the Collins & Aikman Litigation Trust
Dated: June 27, 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 FIFTY-FIFTH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) 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 Fifty-Fifth Omnibus Objection to Claims (Insufficient Books and Records) (the Fifty-Fifth 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 FiftyFifth 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 Fifty-Fifth Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than July 21, 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 July 21, 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) Fifty-Fifth Omnibus Objection to Claims (the Fifty-Fifth Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on July 31, 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 July 31, 2008 hearing (the Hearing) may be adjourned thereafter from time to time without further notice to claimants and other parties in
1
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 Fifty-Fifth Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Fifty-Fifth Omnibus Objection are timely filed and served, the Court may grant the Fifty-Fifth 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) burdett@boyleburdett.com Attorneys for the Collins & Aikman Litigation Trust
EXHIBIT A
ORDER GRANTING THE COLLINS & AIKMAN LITIGATION TRUSTS FIFTY-FIFTH OMNIBUS OBJECTION TO CLAIMS Upon the Collins & Aikman Litigation Trusts (the Trust) Fifty-Fifth Omnibus Objection, dated June 27, 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 Fifty-Fifth Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Fifty-Fifth Omnibus Objection and the relief requested therein; and it appearing that notice of
the Fifty-Fifth 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 Fifty-Fifth Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B to the Fifty-Fifth Omnibus Objection are
disallowed and expunged for all purposes. 3. 4. 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 Fifty-Fifth Omnibus 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.
EXHIBIT B
Claim No. 8857 Daniel Detkowski
Name
Claim Amount $1,500,000.00

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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,

Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure,

Dated: June 27, 2008

Dated: June 27, 2008

Dated: June 27, 2008

the implementation of this Order.

Claim No. 8857 Daniel Detkowski

Claim Amount $1,500,000.00

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