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 The United States Bankruptcy Court Eastern District of Michigan Southern Division
1 ) Debtors. ) ) ) ) ________________________________________________) In re: Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
STIPULATION WITHDRAWING CLAIM NUMBERS 7285, 7294, AND 7666 This Stipulation, by and between 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 (as hereinafter defined), and ORIX Commercial Finance, LLC (formerly known as ORIX Structured Finance, LLC) as successor in interest to ORIX Financial Services, Inc. (the Claimant) (the Trust and Claimant shall be
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. 0555946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 0555962; and Wickes Manufacturing Company, Case No. 05-55968.
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collectively referred to as the Parties), effects the withdrawal of Claim Numbers 7285, 7294, and 7666 (the Claims). WHEREAS, on May 17, 2005 (the Petition Date), the Debtors filed petitions for relief under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court); WHEREAS, on or about January 10, 2006, Claimant filed Claims 7285, 7294, 7665, and 7666 each in the amount of $7,294,840.52. WHEREAS, on or about April 7, 2008, Claimant and the Trust entered into the Stipulation Reclassifying Claim Number 7665, which reclassified Claim Number 7665 as a general unsecured claim. WHEREAS, in an effort to avoid the risks and expenses of litigation, the Parties have entered into negotiations to resolve the Claims. In connection with such negotiations, the Parties have reviewed documentation and other materials relevant to the Claims, including any support filed with or related to the Claims and the Debtors books and records as they relate to such claims. IT IS STIPULATED AND AGREED THAT: 1. 2. Claims 7285, 7294, and 7666 are withdrawn and expunged for all purposes. The Debtors notice and claims agent, Kurtzman Carson Consultants, LLC, is
authorized to take all actions necessary to withdraw and expunge the Claims. 3. Claimant does not waive any right or remedy afforded to it under the Bankruptcy
Code or otherwise, except as provided in this Stipulation including Claimants right to later substantiate as necessary the basis for claim 7665 (Surviving Claim) against Debtors. This Stipulation does not affect, in any way, the Stipulation Reclassifying Claim Number 7665, which
reclassified Claim Number 7665 as a General Unsecured Claim and preserved the Collins & Aikman Litigation Trusts rights to object to or otherwise object to Claim Number 7665. 4. The Surviving Claim shall not be withdrawn, waived, or in any way affected by
this Stipulation or by the Trusts Twenty-Fifth Omnibus Objection to Claims (Multidebtor Duplicative Claims). 5. The Trusts Twenty-Fifth Omnibus Objection to Claims is withdrawn only with
regard to Claimants Surviving Claim, as those terms are defined herein. 6. This Stipulation may not be modified, altered or amended or vacated without the
written consent of all parties hereto or by order of the Bankruptcy Court with proper notice provided to Claimant. Any such modification, alteration, amendment or vacation, in whole or in part, shall be subject to the approval of the Bankruptcy Court. The Bankruptcy Court shall retain jurisdiction to resolve any disputes or controversies arising from or related to this Stipulation. 7. A proposed order, consistent with the terms of this Stipulation, shall be submitted
to the Bankruptcy Court immediately following the filing of this Stipulation. SO STIPULATED, APPROVED AS TO FORM AND CONTENT:
BOYLE BURDETT By:s/H. William Burdett, Jr Eugene H. Boyle, Jr. H. William Burdett, Jr. 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) [email protected] Attorneys for the Collins & Aikman Post-Consummation Trust Date: May 20, 2008
WIENNER & GOULD, P.C. By:s/David H. Ellenbogen Seth D. Gould David H. Ellenbogen 950 W. University Dr., Ste 350 Rochester, Michigan 48307 (248) 841-9400 (248) 652-2729 (facsimile) [email protected] Attorneys for ORIX Financial Services, Inc.