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

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    Chapter 11 Dockets
    This document is a stipulation resolving a motion filed by ACT Laboratories, Inc. in bankruptcy proceedings for Collins & Aikman Corporation. It allows ACT's late-filed $274,549 pre-petition claim as a Class 5 general unsecured claim under the debtors' bankruptcy plan. The stipulation resolves ACT's motion to deem its claim timely filed and the debtors' objection to that motion. The bankruptcy court retains jurisdiction to resolve any disputes related to the stipulation.

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

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    Chapter 11 Dockets
    39 views6 pages
    This document is a stipulation resolving a motion filed by ACT Laboratories, Inc. in bankruptcy proceedings for Collins & Aikman Corporation. It allows ACT's late-filed $274,549 pre-petition claim as a Class 5 general unsecured claim under the debtors' bankruptcy plan. The stipulation resolves ACT's motion to deem its claim timely filed and the debtors' objection to that motion. The bankruptcy court retains jurisdiction to resolve any disputes related to the stipulation.

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    This document is a stipulation resolving a motion filed by ACT Laboratories, Inc. in bankruptcy proceedings for Collins & Aikman Corporation. It allows ACT's late-filed $274,549 pre-petition claim as a Class 5 general unsecured claim under the debtors' bankruptcy plan. The stipulation resolves ACT's motion to deem its claim timely filed and the debtors' objection to that motion. The bankruptcy court retains jurisdiction to resolve any disputes related to the stipulation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    39 views6 pages

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

    Uploaded by

    Chapter 11 Dockets
    This document is a stipulation resolving a motion filed by ACT Laboratories, Inc. in bankruptcy proceedings for Collins & Aikman Corporation. It allows ACT's late-filed $274,549 pre-petition claim as a Class 5 general unsecured claim under the debtors' bankruptcy plan. The stipulation resolves ACT's motion to deem its claim timely filed and the debtors' objection to that motion. The bankruptcy court retains jurisdiction to resolve any disputes related to the stipulation.

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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

    STIPULATION BY AND BETWEEN DEBTORS AND ACT LABORATORIES, INC. RESOLVING MOTION OF ACT LABORATORIES, INC. FOR ENTRY OF AN ORDER DEEMING PROOF OF CLAIM TIMELY FILED This Stipulation resolving (i) the Motion of ACT Laboratories, Inc. for Entry of an Order Deeming Proof of Claim Timely Filed [Docket No. 3082] (the Motion) and (ii) the objection of the above-captioned debtors (the Debtors) thereto [Docket No. 3175] (the Objection) is made as of May 24, 2007, by and between the Debtors and ACT Laboratories, Inc. (ACT). WHEREAS, on May 17, 2005, the Debtors filed petitions for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. 101-1330 (the Bankruptcy Code), in the

    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.

    K&E 11827796.1

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    0555927070525000000000003

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    United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court); and WHEREAS, on August 3, 2006, ACT filed the Motion; and WHEREAS, on August 18, 2006, the Debtors filed the Objection. NOW, THEREFORE, in consideration of the mutual premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby stipulated and agreed to by and between the parties as follows: 1. The Motion and the Objection are hereby resolved in their entirety pursuant to the

    terms of the order attached hereto as Exhibit A. 2. The Bankruptcy Court shall retain jurisdiction (and the Debtors and ACT consent

    to such retention of jurisdiction) to resolve any disputes or controversies arising from or related to this Stipulation. Any request for relief brought before the Bankruptcy Court to resolve a dispute arising from or related to this Stipulation shall be brought on proper notice and in accordance with relevant Federal Rules of Bankruptcy Procedure and Local Rules for the Bankruptcy Court of the Eastern District of Michigan. 3. This Stipulation may be executed in multiple counterparts, any of which may be

    transmitted by facsimile, and each of which shall be deemed an original, but all of which together shall constitute one instrument. 4. This Stipulation shall not be modified, altered, amended or vacated without

    written consent of all parties hereto. Any such modification, alteration, amendment or vacation, in whole or in part, shall be subject to the approval of the Bankruptcy Court.

    2
    K&E 11827796.1

    KIRKLAND & ELLIS LLP /s/ Marc J. Carmel Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andCARSON FISCHER, P.L.C. Joseph M. Fischer (P13452) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors

    CUMMINGS, MCCLOREY, DAVIS & ACHO, PLC /s/ Robert J. Hahn Robert J. Hahn 33900 Schoolcraft Livonia, Michigan 48150 Telephone: (734) 261-2400 Counsel for ACT Laboratories, Inc.

    3
    K&E 11827796.1

    EXHIBIT A

    K&E 11827796.1

    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 RESOLVING MOTION OF ACT LABORATORIES, INC. FOR ENTRY OF AN ORDER DEEMING PROOF OF CLAIM TIMELY FILED Upon the Motion of ACT Laboratories, Inc. for Entry of an Order Deeming Proof of Claim Timely Filed [Docket No. 3082] (the Motion), it is hereby ORDERED 1. 2. The Motion is granted as set forth herein. Proof of Claim No. 8470 filed on behalf of ACT Laboratories, Inc. shall be an

    allowed prepetition general unsecured claim in the amount of $274,549 and shall be treated under Class 5 of the Debtors chapter 11 plan.

    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.

    K&E 11813400.2

    3.

    The Debtors and Kurtzman Carson Consultants, LLC are authorized to take all

    actions necessary to effectuate the relief granted pursuant to this Order. 4. The terms and conditions of this Order shall be immediately effective and

    enforceable upon its entry without further action by the Debtors or ACT Laboratories, Inc. 5. The Court retains jurisdiction with respect to all matters arising from or related to

    the implementation of this Order.

    K&E 11813400.2

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