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

, Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927-R (Jointly Administered) Tax Identification No. 13-3489233 Honorable Steven W. Rhodes

COOPER-STANDARD AUTOMOTIVE INC.S RESPONSE TO THE COLLINS & AIKMAN LITIGATION TRUSTS SEVENTY-THIRD OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) Cooper-Standard Automotive Inc. (Cooper-Standard) for its response to Debtors Litigation Trusts (Trust) Seventy-Third Omnibus Objection to Claims, states as follows: INTRODUCTION 1. Cooper-Standard filed claim #5959 against Debtors asserting a claim of

$2,568,229.56 (Claim). 2. The Claim arises from the unpaid obligations of Debtors under various unpaid

invoices arising out of good provided by Cooper-Standard to Debtors and for unpaid amounts under a certain settlement agreement relating to environmental remediation, all as detailed in the supporting documents submitted to Debtors by Cooper-Standard in connection with the Claim. SEVENTY-THIRD OMNIBUS OBJECTION 3. On July 30, 2008, the Trust filed the Seventy-Third Omnibus Objection to Claims

(Insufficient Books and Records) (Objection) [Docket No. 9844] seeking to expunge the Claim on the basis that Debtors books and records do not support the Claim. Prior to the filing of the

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Objection, Cooper-Standard and Debtors had been attempting to reconcile the Claim. 4. In the Objection, the Trust seeks to disallow the Claim. The Trust does not give

any legal reason for the proposed disallowance. RESPONSE TO OBJECTION 5. In the Objection, the Trust is asking the Court to disallow the Claim. Cooper-

Standard objects to the disallowance of the Claim and the Court should deny this relief because there is no authority allowing it and the Trust has not cited any such authority in the Objection. 6. Rule 3001(f) of the Federal Rules of Bankruptcy Procedure provides that [a]

proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim. As this Court has stated [i]f a party objects to the claim, the objecting party carries the burden of going forward with evidence to overcome the prima facie validity and amount of the claim. If the objecting party produces evidence to refute at least one of the allegations essential to the claims legal suffering, the burden of persuasion shifts back to the claimant. In re Hughes, 313 BR 205, 208-209 (Bankr. E.D. Mich. 2004). 7. In the Objection, the Trust does not provide any evidence whatsoever to support

its proposed disallowance of the Claim, let alone any evidence sufficient to refute the prima facie validity of the Claim. Because the Trust has not rebutted the prima facie validity of the Claim, the Objection should be denied with respect to the Claim. 8. Cooper-Standard reserves all of its rights and remedies.

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RELIEF REQUESTED THEREFORE, Cooper-Standard respectfully requests that the Court deny the relief requested under the Objection as to the Claim and that the Court allow the Claim in the amount in which it was filed. BODMAN LLP By: /s/ David J. Nowaczewski Ralph E. McDowell (P39235) David J. Nowaczewski (P68950) Attorneys for Cooper-Standard Automotive Inc. 1901 St. Antoine Street 6th Floor at Ford Field Detroit, Michigan 48226 (313) 393-7592 November 5, 2008

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