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 SIXTY-THIRD OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) 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 (the Plan) as confirmed by order of the Bankruptcy Court, hereby files this omnibus objection (the Sixty-Third Omnibus Objection) to the claims listed on Exhibit B because those claims arise out of alleged injury due to asbestos exposure. Although the claims set forth on Exhibit B were initially categorized as
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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general unsecured claims, these claims are Potentially Insured Claims, as defined by the Plan, and therefore should be assigned to the Residual Claims Trust. The Trust requests, therefore, the entry of an order, substantially in the form of Exhibit A, classifying the claims identified on Exhibit B as Potentially Insured Claims, and assigning those claims to the Residual Claims Trust. Pursuant to Rule 3007(e)(1) of the Federal Rules of Bankruptcy Procedure, Claimants receiving this Sixty-Third Omnibus Objection should locate their names and claims in the objection and the attached exhibits. In support of the Sixty-Third Omnibus Objection, the Trust respectfully represents as follows: Jurisdiction 1. The Court has subject matter jurisdiction to consider and determine the Sixty-
Third 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 Sixty-Third 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,
as well as the subsequent order of this Court extending the Claims Objection Bar Date, this Sixty-Third Omnibus Objection is timely filed. (Order at 49.) Objection to Asbestos Claims 6. The Debtors and the Trust are in the process of reviewing and evaluating the
claims that have been filed. In that process, the claims set forth on Exhibit B have been identified as claims arising from alleged asbestos exposure. The claims identified on Exhibit B were initially classified as general unsecured claims. Pursuant to the Plan, as confirmed by the Order, these claims should be classified as Potentially Insured Claims. Pursuant to the
Residual Claims Trust Agreement, as contemplated by the Plan, Debtors liabilities associated with Potentially Insured Claims and Insured claims were transferred, assigned and delivered to the Residual Trust. (Ex. C at 2.3(a).) In order to ensure the claims listed on Exhibit B are correctly assigned to the Residual Claims Trust, the Litigation Trust respectfully requests that this Court enter an Order defining the claims as Potentially Insured Claims, and assigning them to the Residual Claims Trust. This Objection is without prejudice to the Residual Claims Trust to object to, contest, or otherwise resolve the claims on Exhibit B, and is in no way intended to waive or release any rights or obligations of any party arising from the Plan, the Order, the Residual Claims Trust Agreement, or any other document related thereto. Notice 7. Pursuant to Article VII.A.1 of the Plan, the Sixty-Third Omnibus Objection (with
exhibits) and a notice thereof will be served upon the Holders of such Claims and the United States Trustee.2 A copy of the Sixty-Third Omnibus Objection has also been filed with the
Capitalized terms used in this paragraph not otherwise defined herein shall have the meanings set forth in the Plan and the Order.
CM/ECF system which will serve a copy of this pleading on all attorneys registered to receive such filings. 8. No prior request for the relief sought in the Sixty-Third Omnibus Objection has
been made to this or any other Court. WHEREFORE, the Trust respectfully requests entry of an order, substantially in the form attached hereto as Exhibit A, (a) classifying the claims identified on Exhibit B as Potentially Insured Claims; (b) assigning the claims identified on Exhibit B to the Residual Claims Trust; and (c) 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: July 18, 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 SIXTY-THIRD OMNIBUS OBJECTION TO CLAIMS 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 Sixty-Third Omnibus Objection to Claims (the Sixty-Third Omnibus Objection).
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 SixtyThird 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 Sixty-Third Omnibus Objection, or if you want the Court to otherwise consider your views on the Objection, no later than August 11, 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 August 11, 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) Sixty-Third Omnibus Objection to Claims (the Sixty-Third Omnibus Objection) is scheduled to be heard before the Honorable Steven W. Rhodes on August 21, 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 August 21, 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 Sixty-Third Omnibus Objection. PLEASE TAKE FURTHER NOTICE that if no responses to the Sixty-Third Omnibus Objection are timely filed and served, the Court may grant the Sixty-Third 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 SIXTY-THIRD OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS & RECORDS) Upon the Collins & Aikman Litigation Trusts (the Trust) Sixty-Third Omnibus Objection, dated July 18, 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 Sixty-Third Omnibus Objection having been withdrawn or overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of the Sixty-Third Omnibus Objection and the relief requested therein; and it appearing that notice
1
of the Sixty-Third 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 Sixty-Third Omnibus Objection is granted in its entirety. The Claims identified on Exhibit B are classified as Potentially Insured Claims
and are assigned to the Residual Claims Trust, as those terms are defined in the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries. 3. claimants. 4. The Debtors, the Trust, and Kurtzman Carson Consultants, LLC are authorized to This Order is effective without further action of the Trust, Debtors or the
take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Sixty-Third 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. 4134 Alan Deloreto 5239 Allan Follis 4163 Allan Vernier
Name
Claim Amount >25000.00 $20,000.00 >25000.00 >25000.00 >25000.00 $20,000.00 >25000.00 >25000.00 >25000.00 $20,000.00 >25000.00 >25000.00 $3,900.00 >25000.00 $1,500.00 $1,500.00 $1,500.00 $100,000.00 >25000.00 $3,900.00 >25000.00 >25000.00 $1,500.00 $20,000.00 >25000.00 $20,000.00 >25000.00 >25000.00 $3,900.00
4148 Allen M Whittaker 4118 Alva Jr Taylor 4925 Alvin Bittner 4084 Anastasios Tourikis 4108 Anthony Dubich 3764 Antonios Katakis 5242 Arthur Kaden 4085 Arthur Pechette 3921 Barbara Hancock Barbara Wheatley PR for Charles 3504 Wheatley 4160 Benny Stanley 3989 Bernard Owens 3487 Burt Miller 3998 Calvin Laurain 5188 Candance Wogsland for Robert Parson 3992 Carl C Schneider 3506 Carl Walkmaster 4166 Catherine Beasley 4027 Charles B Rett Brandow 5366 Charles Baker 4920 Charles Barden 4079 Charles Pack 5186 Charles Park 3916 Charles Patrick Elliott 4044 Charles Patrick Fields 3479 Charles Schweinsberg
Page 1 of 3
Claim No. 4111 Charles Tostige
Name
Claim Amount >25000.00 $1,500.00 $1,500.00 In process of reviewing $3,900.00 >25000.00 See Attached $3,900.00 $1,500.00
3984 Charles William Smith 6896 Chester Gorecki 2646 Christopher Molloy 3498 Clair Holiday 4095 Clark Vernon Pettit 3873 Clients of Goldberg Persky & White 3564 Clifford Burks 5374 Clifton & Susan Baggett Cynthia Seals Personal Representative 3550 Of The Estate Of William Elledge 3968 Daniel Patrick Mcgrath 4031 Daryl Lavon Nickell 3924 David C Hellmer Sr 6888 David Howick 5184 David Okeefe 3481 David Phillips 6898 Dennis Gillium 4025 Dennis Stickney 3982 Dennis Stokes PR for Ellsworth Stokes 4904 Donald & Mardell Smith 3840 Donald Alexander 4093 Donald Drewior 3499 Donald Gust 3923 Donald Lobb 3484 Donald Papendick 3540 Dorothy Krastes PR for Steven Krastes 3997 Douglas Kujala 3543 Edward & Jeanette Kovach
$3,900.00 >25000.00 >25000.00 >25000.00 $1,500.00 $20,000.00 $1,500.00 $1,500.00 >25000.00 $1,500.00 $20,000.00 >25000.00 >25000.00 $1,500.00 >25000.00 $1,500.00 $3,900.00 $1,500.00 $1,500.00
Page 2 of 3
Claim No. 5243 Edward Kampa
Name
Claim Amount $20,000.00 $75,000.00 $1,500.00 >25000.00 $3,900.00 $1,500.00 >25000.00 $3,900.00 $25,000.00 $1,500.00 >25000.00 $1,500.00 $20,000.00 $20,000.00 $2,700.00 $1,500.00 $1,500.00 $20,000.00 >25000.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 >25000.00 >25000.00
2377 Edward Milon and Philomen Milon 3483 Edward Papas 4119 Edward Randazzo 3507 Edward Wagner PR for Glen Wagner Elaine Thurman PR for Wilfred 4221 Thurman 4103 Eldon Michael Gleason Eleanor Somenauer PR for George 3511 Somenauer Elizabeth Est Of John Flumingam 3549 Flumingan 6900 Ellsworth French 4135 Enrico Bisaro 3517 Eric Paul 5235 Eugene Conroy 5187 Firmin Pogatshnik 3513 Frank Robinson 5370 Frank V Ciatti 3987 Gary Phipps 4885 Gary Porter 3979 Gary Wieczorek 3512 Gene P Sigers PR for Elaine Sigers 3514 George Reisig 3996 George William Moro 5351 Gerald Evans 3763 Gerald Theodore Lezotte 4116 Gregory Covetz
Page 3 of 3
EXHIBIT C

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) ) COLLINS & AIKMAN CORPORATION,

Dated: July 18, 2008

Dated: July 18, 2008

Dated: July 18, 2008

the implementation of this Order.

Claim No. 4111 Charles Tostige

Claim No. 5243 Edward Kampa

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