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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In re: ) Chapter 11

)COLLINS & AIKMAN CORPORATION, et al.1 ) Case No. 05-55927 (SWR)

) (Jointly Administered)

Debtors. )) (Tax Identification #13-3489233)

)

))

)

Honorable Steven W. Rhodes

_________________________________________)

THE COLLINS & AIKMAN POST-CONSUMMATION TRUSTS SECOND

OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED CLAIMS)

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, hereby files this omnibus objection (the Second Omnibus

Objection) to the claims listed on Exhibit B as Amended and/or Replaced Claims and request

the entry of an order, substantially in the form of Exhibit A, disallowing the Amended and/or

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 AutomotiveIndustries, 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.

0W[;(!2"R0555927080118000000000002

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Replaced Claims that are listed on Exhibit B. Pursuant to Rule 3007(e)(1) of the Federal Rules

of Bankruptcy Procedure, Claimants receiving this Second Omnibus Objection should locate

their names and claims in the objection and the attached exhibits. In support of the Second

Omnibus Objection, the Trust respectfully represents as follows:

Jurisdiction

1. The Court has subject matter jurisdiction to consider and determine the Second

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. Venue is proper before the Court pursuant to 28 U.S.C. 1408 and 1409.

3. The statutory basis for the relief requested by the Second 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

Trust 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,

this Second Omnibus Objection is timely filed. (Order at 49.)

Objection to Amended and/or Replaced Claims

6. The Debtors are in the process of reviewing and evaluating the claims that have

been filed against them. In that process, a number of claims have been identified as having been

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amended and/or replaced by subsequently filed claims. (Ex. B.) Debtors have concluded that

each such Amended and/or Replaced proof of claim is now contained within the corresponding

proof of claim identified as a surviving claim on Exhibit B. The Amended and/or Replaced

claims were filed against the same Debtors and appear to include previous dollar amounts from

the previous claims. Thus, it appears that the claimant filed a proof of claim for reimbursement

more than once. To adjust the claims database to reflect the correct liabilities to the claimants,

the Debtors request that the Court disallow the Amended and/or Replaced claims. Because this

objection to the Amended and/or Replaced claims does not constitute an objection to the

surviving claims indicated on Exhibit B, the Debtors reserve the right to object to such surviving

claims on any grounds whatsoever.

Notice

7. Pursuant to Article VII.A.1 of the Plan, the Second 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 Second 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.

8. No prior request for the relief sought in the Second Omnibus Objection has been

made to this or any other Court.

2 Capitalized terms used in this paragraph not otherwise defined herein shall have the meanings set forth in the Plan and the Order.

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WHEREFORE, the Trust respectfully requests entry of an order, substantially in the form

attached hereto as Exhibit A, (a) disallowing the Amended and/or Replaced 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)[email protected]: January 18, 2008 Attorneys for the Collins & Aikman Post

Consummation Trust

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SOUTHERN DIVISION

In re: ) Chapter 11




)

))

)


_________________________________________)

NOTICE AND OPPORTUNITY TO RESPOND TO THE

COLLINS & AIKMAN POST-CONSUMMATION TRUSTS SECOND

OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED CLAIMS)

PLEASE TAKE NOTICE THAT 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 the order of the Bankruptcy Court, have filed its Second Omnibus

Objection to Claims (Amended and/or Replaced Claims) (the Second Omnibus Objection).

















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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 Second

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 Second Omnibus Objection, or if you want the Court to otherwise

consider your views on the Objection, no later than February 4, 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 Court211 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 February 4, 2008 by the undersigned attorney.

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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.


BOYLE BURDETT

By:s/H. William Burdett, Jr.

Eugene H. Boyle, Jr. (P42023)H. William Burdett, Jr. (P63185)

14950 East Jefferson, Suite 200Grosse Pointe Park, Michigan 48230(313) 344-4000

(313) 344-4001 (facsimile)

[email protected]: January 18, 2008 Attorneys for the Collins & Aikman Post

Consummation Trust

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SOUTHERN DIVISION

In re: ) Chapter 11




)

))

)


_________________________________________)

NOTICE OF HEARING

PLEASE TAKE NOTICE that a hearing on the Collins & Aikman Post-Consummation

Trusts (the Trust) Second Omnibus Objection to Claims (the Second Omnibus Objection) is

scheduled to be heard before the Honorable Steven W. Rhodes on February 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 February 21, 2008 hearing (the Hearing)

may be adjourned thereafter from time to time without further notice to claimants and other

















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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 Second Omnibus Objection.

PLEASE TAKE FURTHER NOTICE that if no responses to the Second Omnibus

Objection are timely filed and served, the Court may grant the Second 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.


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)[email protected]

Dated: January 18, 2008 Attorneys for the Collins & Aikman Post

Consummation Trust

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EXHIBIT A

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SOUTHERN DIVISION

In re: ) Chapter 11




)

))

)


_________________________________________)

ORDER GRANTING THE COLLINS & AIKMAN POST-CONSUMMATION TRUSTS

FIRST OMNIBUS OBJECTION TO CLAIMS (AMENDED AND/OR REPLACED)

Upon the Collins & Aikman Post-Consummation Trusts (the Trust) Second Omnibus

Objection, dated January 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 Second Omnibus Objection having been withdrawn or

overruled on the merits; and it appearing that the Court has jurisdiction over the subject matter of

the Second Omnibus Objection and the relief requested therein; and it appearing that notice of

















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the Second 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. The Second Omnibus Objection is granted in its entirety.

2. The Amended and/or Replaced Claims identified on Exhibit B to the Second

Omnibus Objection are disallowed for all purposes. The Surviving Claims identified on Exhibit

B to the Second Omnibus Objection remain unaffected by this Order. This Order is without

prejudice to the Trusts right to object to the Surviving Claims identified on Exhibit B to the

Second Omnibus Objection on any ground whatsoever.

3. This Order is effective without further action of the Debtors and the claimants.

4. 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 Second 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.

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EXHIBIT B

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AdminClaimO

bjections

Am

en

de

dan

d/or

Rep

lace

dClaims

ReasonforDisallowance

Claim#

tobe

disallowed

Claim#

tosurviveCred

itorName

Claim

Amount

Nature

Debtor

Name

Amendedand/orReplaced(Obj.at2-3

.)

1100

CityofAthensTN

$5,1

07.3

3

Priority

Collins&Aikm

anCorporation


.)

1101

CityofAthensTN

$394.5

3

Admin

Collins&Aikm

anCorporation


.)

1102

CityofAthensTN

$116,2

26.8

5

Priority

Collins&Aikm

anCorporation


.)

1103

CityofAthensTN

$1,5

55.5

3

Priority

Collins&Aikm

anCorporation


.)

1104

CityofAthensTN

$422.4

8

Priority

Collins&Aikm

anCorporation


.)

1105

CityofAthensTN

$22,7

45.9

3

Priority

Collins&Aikm

anCorporation


.)

1110

CityofAthensTN

$21,1

59.0

0

Priority

Collins&Aikm

anCorporation


.)

1111

CityofAthensTN

$393.0

0

Priority

Collins&Aikm

anCorporation


.)

1112

CityofAthensTN

$4,7

51.0

0

Priority

Collins&Aikm

anCorporation


.)

1113

CityofAthensTN

$1,4

47.0

0

Priority

Collins&Aikm

anCorporation


.)

1114

CityofAthensTN

$367.0

0

Priority

Collins&Aikm

anCorporation


.)

1115

CityofAthensTN

$128,8

31.0

0

Priority

Collins&Aikm

anCorporation

8699

CityofAthensTN

$208,1

35.4

3

Priority

Collins&Aikm

anCorporation


.)

8690

OaklandCountyTreasurer

$134,4

99.1

2

Admin

Collins&Aikm

anCorporation

8705

OaklandCountyTreasurer

$145,0

68.2

0

Admin

Collins&Aikm

anCorporation


.)

8352

State

ofMichigan

$10,9

36.5

3

Admin

New

BaltimoreHoldings,

LLC

8394

State

ofMichigan

$10,9

36.5

3

Admin

New

BaltimoreHoldings,

LLC


.)

8694

State

ofMichiganDeptofTreasury

$816.3

5

Admin

JPSAutomotiv

e,

Inc.

(d/b/aPACJ,

Inc.)

8729

State

ofMichiganDeptofTreasury

$1,5

41.2

2

Admin

JPSAutomotiv

e,

Inc.

(d/b/aPACJ,

Inc.)


.)

8806

Unite

dParcelSvcInc

U

NLIQUIDATED

Admin

Collins&Aikm

anCorporation

8819

Unite

dParcelSvcInc

$100,8

79.4

0

Admin

Collins&Aikm

anCorporation

Inre

Co

llins

Aikman

Corporation,

eta

l.

Case

No.

05-5

5927(SWR)

Page

1o

f1

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