Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
et al.1 Debtors. ) ) ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
Hearing Date: January 25, 2007 at 11:00 a.m. Objection Deadline: January 18, 2007 at 4:00 p.m.
DEBTORS MOTION FOR ORDER APPROVING THE DEBTORS DISCLOSURE STATEMENT AND RELIEF RELATED THERETO The above-captioned debtors (collectively, the Debtors) hereby move the Court (this Motion) for the entry of an order, substantially in the form attached hereto as Exhibit A, approving the Debtors Disclosure Statement (as defined below) and relief related thereto. In support of this Motion, the Debtors respectfully state as follows:2
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. Any capitalized term used herein, but not defined herein, shall have the meaning assigned to such term in the Plan, or, if no meaning is assigned in the Plan, the meaning assigned to such term in the Disclosure Statement.
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0555927061222000000000008
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Jurisdiction 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. This matter
is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 2. 3. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested herein are sections 105(a), 502, 1125,
1126 and 1128 of the Bankruptcy Code, 11 U.S.C. 101-1330 (the Bankruptcy Code), Rules 2002, 3003, 3016, 3017, 3018 and 3020 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and Rules 3017-1, 3018-1 and 9014-1 of the Local Rules (the Local Rules) for the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court). Background 4. On May 17, 2005 (the Petition Date), the Debtors filed their voluntary petitions for
relief under chapter 11 of the Bankruptcy Code. The Debtors are operating their businesses and managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these cases. On the Petition Date, the Court entered an order jointly administering these cases pursuant to Bankruptcy Rule 1015(b). 5. On August 30, 2006, the Debtors filed the Joint Plan of Reorganization of Collins &
Aikman and Its Debtor Subsidiaries [Docket No. 3234] (the Original Plan) and the Disclosure Statement to the Original Plan [Docket No. 3233]. 6. Since the filing of the Original Plan, the Debtors have determined that the proposed
business plan identified therein no longer offers the best way to maximize value of the Debtors assets for the benefits of their creditors. Indeed, as the Debtors have disclosed to the Court and publicly, to maximize the value of the Debtors estates and save jobs, the Debtors are now pursuing a cooperative sale process, which the Debtors expect will culminate with the confirmation of a plan. 2
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7.
In connection with that process, over the last several weeks, the Debtors have worked
very hard with the Agents and the Debtors major customers, including DaimlerChrysler Corporation, Ford Motor Company, General Motors Corporation and Honda Motor Company, Inc. (collectively, with their applicable affiliates, the Customers) to negotiate an agreement that will form the basis of a plan (the Customer Agreement).3 As part of the Customer Agreement, the Debtors are required to seek confirmation of a revised plan of reorganization reflecting this cooperative sale process. 8. Consequently, concurrently with the filing of this Motion, the Debtors are (a) filing
the First Amended Joint Plan of Collins & Aikman and Its Debtor Subsidiaries (the Plan), (b) filing their amended Disclosure Statement and (c) serving on all creditors, equity security holders and other interested parties the Notice of (a) Disclosure Statement Hearing and (b) Objection and Reply Deadlines (the Notice of Disclosure Statement) setting forth the means to obtain a copy of the Disclosure Statement and Plan and the deadline for filing objections, if any, to this Motion or the adequacy of information contained in the Disclosure Statement.4 Relief Requested 9. By this Motion, the Debtors respectfully request, among other things, that this Court
enter an order (the Solicitation Procedures Order): (a) approving the Disclosure Statement; (b) fixing, subject to modification as needed, (i) the Voting Record Date, (ii) the Voting Deadline, (iii) deadlines for filing objections, if any, to confirmation of the Plan and replies to any such objections and (iv) the date for the hearing on confirmation of the Plan; and (c) approving the
3 4
The Customer Agreement was approved by the Bankruptcy Court on an interim basis on December 14, 2006 [Docket No. 3758]. Copies of the Disclosure Statement, the Plan and other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman (the Debtors Website) or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205.
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Solicitation Procedures (as defined herein) and the form of certain Solicitation Documents (as defined herein) to be distributed in connection with solicitation of the Plan, all as more fully set forth below. Basis for Relief I. APPROVAL OF THE DISCLOSURE STATEMENT 10. Section 1125 of the Bankruptcy Code requires that a plan proponent provide
adequate information regarding a debtors proposed chapter 11 plan. In particular, section 1125(a)(1) of the Bankruptcy Code states: [A]dequate information means information of a kind, and in sufficient detail, as far as is reasonably practicable in light of the nature and history of the debtor and the condition of the debtors books and records, that would enable a hypothetical reasonable investor typical of holders of claims or interests of the relevant class to make an informed judgment about the plan. 11 U.S.C. 1125(a)(1). The primary purpose of a disclosure statement is to provide all material information that creditors and equity interest holders affected by a proposed plan need to make an informed decision whether to vote for or against the plan. See Century Glove, Inc. v. First Am. Bank of New York, 860 F.2d 94, 100 (3d Cir. 1988) (. . . 1125 seeks to guarantee a minimum amount of information to the creditor asked for its vote); In re Scioto Valley Mtg. Co., 88 B.R. 168, 172 (Bankr. S.D. Ohio 1988); see also In re Monnier Bros., 755 F.2d 1336, 1342 (8th Cir. 1985). 11. Courts exercise broad discretion when evaluating whether a disclosure statement
contains adequate information. See In re Texas Extrusion Corp., 844 F.2d 1142 (5th Cir. 1988) (determination of what is adequate information is subjective and made on a case by case basis [and] is largely within the discretion of the bankruptcy court); see also A.H. Robbins Co., Inc., 880 F.2d 694, 696 (4th Cir. 1989). This discretion provides flexibility and facilitates the effective
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circumstances accompanying chapter 11 cases. Id.; H.R. Rep. No. 595, 95th Cong., 1st Sess. 408-09 (1977). 12. The Disclosure Statement is the product of the Debtors extensive review and analysis
of their businesses, assets and liabilities, circumstances leading to the chapter 11 cases and the Debtors stabilization initiatives and other significant events occurring during the chapter 11 cases. In addition, the Disclosure Statement reflects the Debtors thorough analysis of the Plan, the distributions to and affect on creditors and parties in interest thereunder and the resultant restructuring of the Debtors estates if the Plan is confirmed and effectuated. In performing these analyses, the Debtors sought and received the input of their financial and legal advisors. The Debtors also sought and received input from their major constituents and such constituents advisors. 13. The Disclosure Statement contains the pertinent information necessary for holders of
claims to make an informed decision about whether to vote to accept or reject the Plan, including, among other things, information regarding: (a) the Plan; (b) the history of the Debtors, including certain events leading to the commencement of the chapter 11 cases; (c) the operation of the Debtors businesses and significant events during the chapter 11 cases; (d) the Debtors prepetition capital structure and indebtedness; (e) the Debtors corporate structure; (f) claims asserted against the Debtors estates and the procedures for the resolution of contingent, unliquidated and disputed claims; (g) the classification and treatment of claims and equity interests under the Plan; (h) certain risk factors to consider that may affect the Plan; (i) the restructuring transactions contemplated under the Plan; (j) certain federal income tax law consequences of the Plan; (k) the provisions governing distributions under the Plan; (l) the means for implementation of the Plan; (m) pending litigation
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involving the Debtors; (n) identification of causes of action belonging to the Debtors; and (o) settlement, release, injunctive and exculpation provisions of the Plan.5 14. The Debtors respectfully submit that the Disclosure Statement contains more than
sufficient information for a hypothetical reasonable investor to make an informed judgment about the Plan and complies with all aspects of section 1125. See In re U.S. Brass Corp., 194 B.R. 420, 424-25 (Bankr. E.D. Tex. 1996) (listing factors courts have considered in determining the adequacy of information provided in a disclosure statement); Scioto, 88 B.R. at 170-71 (same). To the extent necessary, the Debtors will demonstrate at the hearing on this Motion (the Disclosure Statement Hearing) that the Disclosure Statement addresses the information set forth above in a manner that provides holders of impaired claims entitled to vote to accept or reject the Plan with adequate information within the meaning of section 1125. Therefore, the Disclosure Statement should be approved. II. ESTABLISHMENT OF VOTING RECORD DATE, VOTING DEADLINE, DEADLINE TO OBJECT TO PLAN CONFIRMATION AND THE DATE OF THE CONFIRMATION HEARING A. 15. Voting Record Date Bankruptcy Rule 3017(d) provides, in relevant part, that, for purposes of soliciting
votes in connection with the confirmation of a plan of reorganization, creditors and equity security holders shall include holders of stocks, bonds, debentures, notes and other securities of record on the date the order approving the disclosure statement is entered or another date fixed by the court, for cause, after notice and a hearing. Fed. R. Bankr. P. 3017(d). Additionally,
Bankruptcy Rule 3018(a) provides, in relevant part, that an equity security holder or creditor whose
Additionally, the Debtors will file their liquidation analysis no later than January 15, 2007.
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claim is based on a security of record shall not be entitled to accept or reject a plan unless the equity security holder or creditor is the holder of record of the security on the date the order approving the disclosure statement is entered or on another date fixed by the court, for cause, after notice and a hearing. Fed. R. Bankr. P. 3018(a) 16. The Debtors respectfully request that the Court exercise its authority under
Bankruptcy Rules 3017(d) and 3018(a) to establish the date of entry of the order approving the Disclosure Statement as the record date (the Voting Record Date) for determining: (a) the creditors that are entitled to receive Solicitation Documents pursuant to the Solicitation Procedures; (b) the creditors entitled to vote to accept or reject the Plan; and (c) whether Claims have been properly transferred to an assignee pursuant to Bankruptcy Rule 3001(e) such that the assignee can vote as the Holder of the Claim. B. 17. Distribution of Solicitation Documents and Notices Pursuant to Local Rule 3018-1, a plan proponent must distribute certain solicitation
materials within five business days after entry of an order approving the related disclosure statement. Given the size and complexity of the solicitation, the Debtors are requesting that they be given until ten business days after entry of an order approving the Disclosure Statement to distribute all of the Solicitation Documents (the Solicitation Distribution Date). 18. Consequently, the Debtors request that Local Rule 3018-1 be waived to allow the
Debtors to distribute the Solicitation Documents and related notices on a date that is no more than ten business days following entry of the order approving the Disclosure Statement.6
The Debtors acknowledge that nothing in such waiver of Local Rule 3018-1 shall impact the Debtors obligation under Rule 2002(b) to provide all requisite parties with at least 25 days notice of the Confirmation Hearing and the deadline for such parties to object to the Plan.
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C. 19.
Voting Deadline Bankruptcy Rule 3017(c) provides, in relevant part, that, [o]n or before approval of
the disclosure statement, the court shall fix a time within which the holders of claims and interests may accept or reject the plan. . . . Fed. R. Bankr. P. 3017(c). 20. The Debtors respectfully request that the Court exercise its authority under
Bankruptcy Rule 3017(c) to establish 5:00 p.m. prevailing Pacific Time on the date that is ten days before the Confirmation Hearing (as defined below) as the deadline (the Voting Deadline) by which Holders of Claims must accept or reject the Plan in accordance with the Solicitation Procedures set forth below and permit the Debtors to extend such Voting Deadline, if necessary, without further order of the Court, to a date no later than five days before the Confirmation Hearing with notice of such extension to all creditors entitled to vote. D. 21. Deadlines for Objections to Plan Confirmation and Replies Thereto and Plan Confirmation Hearing Bankruptcy Rule 3020(b) provides, in relevant part, that, [a]n objection to
confirmation of the plan shall be filed and served . . . within a time fixed by the court. Fed. R. Bankr. P. 3020(b). 22. The Debtors respectfully request that the Court exercise its authority under
Bankruptcy Rules 3020(b) to establish 5:00 p.m. prevailing Pacific Time on the date that is ten days before the Confirmation Hearing as the deadline (the Plan Objection Deadline) by which objections to confirmation of the Plan, if any, must be filed and served in accordance with the Solicitation Notice. 23. The Debtors respectfully request that they (and other entities in support of the Plan)
be permitted to file a reply, no later than three days before the Confirmation Hearing, to any
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objections to confirmation of the Plan. With respect to such reply, the Debtors respectfully request relief from Local Rule 9014-1(e) and authority to file a brief in excess of five pages. 24. In addition, Bankruptcy Rule 3017(c) provides, in relevant part, that, [o]n or before
approval of the disclosure statement, the court . . . may fix a date for the hearing on confirmation. Fed. R. Bankr. P. 3017(c). 25. The Debtors respectfully request that the Court exercise its authority under 3017(c) to schedule a hearing on confirmation of the Plan
Bankruptcy Rule
(the Confirmation Hearing), subject to the Courts calendar, as soon as practicable on or after 25 days from the Solicitation Distribution Date, which hearing may be continued from time to time by the Court or the Debtors without further notice other than adjournments announced in open court. 26. The proposed timing for the Plan Objection Deadline and the Confirmation Hearing is
in compliance with the Bankruptcy Code, the Bankruptcy Rules and the Local Rules and will enable the Debtors to pursue confirmation of the Plan in a timely and efficient fashion. III. APPROVAL OF SOLICITATION PROCEDURES AND FORMS OF SOLICITATION DOCUMENTS AND NOTICES 27. To conduct an effective solicitation of votes to accept or reject the Plan, consistent
with the requirements of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and due process, the Debtors seek approval of the solicitation procedures set forth in Exhibit B attached hereto (collectively, the Solicitation Procedures). The Debtors believe that the
Solicitation Procedures are well-designed and specifically-tailored to solicit votes to accept or reject the Plan effectively. 28. To the extent that circumstances requiring a modification or amendment of the
Solicitation Procedures arise, the Debtors reserve the right to supplement or amend the Solicitation Procedures to better facilitate the solicitation process. 9
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A. 29.
Duties of the Solicitation Agent On or about May 26, 2005, Kurtzman Carson Consultants LLC was retained by the
Debtors estates to, among other things, act as solicitation agent in connection with respect to the solicitation of confirmation of any plan of reorganization (the Solicitation Agent). The Debtors respectfully request that the Solicitation Agent be authorized and directed, in conjunction with the Debtors, to assist the Debtors in (a) distributing Solicitation Documents, (b) receiving, tabulating and reporting on Ballots and Master Ballots (each as defined below) cast to accept or reject the Plan by holders of claims against the Debtors, (c) responding to inquiries from creditors, equity interest holders and other parties in interest relating to the Disclosure Statement, the Plan, the Ballots and the Master Ballots, the Solicitation Procedures and all other Solicitation Documents and matters related thereto, including, without limitation, the procedures and requirements for voting to accept or reject the Plan and for objecting to the Plan, (d) soliciting votes on the Plan and (e) if necessary, contacting creditors and equity interest holders regarding the Plan. B. 30. Record Holders of the Debtors Securities The Debtors have requested that the Bankruptcy Court establish the date of entry of Once the
the order approving the Disclosure Statement as the Voting Record Date.
Voting Record Date is established, the Debtors and their Solicitation Agent will contact the registrars of the Debtors public securities (collectively, the Securities) and the applicable indenture trustees to compile and generate lists of holders of the Debtors Securities as of the Voting Record Date. C. 31. Solicitation Documents Bankruptcy Rule 3017(d) sets forth the materials that must be provided to holders of
claims and equity interests for purposes of soliciting their votes and providing adequate notice of a plan confirmation hearing. The Debtors intend to distribute the materials required by Bankruptcy Rule 3017(d) and specified in Paragraph C.1 of the Solicitation Procedures set forth in Exhibit B 10
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hereof (collectively, the Solicitation Documents) on the Solicitation Distribution Date in the form and manner set forth in Paragraph C.2 of the Solicitation Procedures. 32. Specifically, the Debtors intend to serve all of the Solicitation Documents (except for
the Plan Supplement, which may be obtained from the Debtors Website or from the Solicitation Agent) on the Core Group and the 2002 List (each as defined in the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005 [Docket No. 294]). 33. With respect to any of the entities listed in Paragraph C.2 of the
Solicitation Procedures that are not in the Core Group or on the 2002 List, the Debtors will cause to be mailed, only: (a) the Solicitation Notice (as defined herein); (b) appropriate Ballots and Master Ballots and applicable Voting Instructions; (c) a pre-addressed, postage pre-paid return envelope; and (d) a CD-Rom containing the Disclosure Statement (and all exhibits thereto, including the Plan), the Solicitation Procedures Order, the Solicitation Procedures and certain other documents that are contained in the Plan Supplement (the CD-Rom). The Solicitation Notice will additionally instruct the following parties that all other Solicitation Documents can be obtained by accessing the Debtors Website or by requesting a copy from the Solicitation Agent in writing or by telephone.7 34. To avoid duplication and reduce expenses, the Debtors propose, as reflected in the
Solicitation Procedures, to make every reasonable effort to ensure that creditors and equity interest holders who might otherwise receive multiple solicitation packages (because of their possession of claims in more than one class of claims under the Plan) will receive no more than one set of Solicitation Documents and one Ballot or Master Ballot (with applicable Voting Instructions) for each class of claims for which such creditor or equity interest holder is entitled to vote.
The Debtors will ensure that the Solicitation Documents are reasonably located on the Debtors Website and that these documents are searchable.
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35.
The Debtors submit that the procedures described above and set forth in the
Solicitation Procedures satisfy the requirements of the Bankruptcy Code, the Bankruptcy Rules and the Local Rules. D. 36. Approval of the Form of Ballots All votes to accept or reject the Plan must be cast by using the appropriate ballot
(each, a Ballot) or, in the case of Beneficial Holders (as defined below) of the Debtors Securities that are registered or otherwise held in the name of a Nominee (as defined below), the appropriate master ballot (each, a Master Ballot).8 37. The Debtors will prepare and customize Ballots for all classes of claims that the
Debtors anticipate will be entitled to vote to accept or reject the Plan in accordance with Bankruptcy Rule 3018(c), which provides, in relevant part, [a]n acceptance or rejection shall be in writing, identify the plan or plans accepted or rejected, be signed by the creditor or equity security holder or an authorized agent, and conform to the appropriate Official Form. Fed. R. Bankr. P. 3018(c). 38. The Debtors submit that the forms of Ballots and Master Ballots attached hereto as
Exhibits C-1 through C-8 (with the applicable Voting Instructions, each a Ballot Form) comply with Bankruptcy Rule 3018(c) and are based substantially on Official Form No. 14, although the forms have been modified to address the particular needs of the Debtors chapter 11 cases. 39. By this Motion, the Debtors seek approval of the Ballot Forms and request authority
to distribute to creditors and Beneficial Holders of claims (and Nominees thereof, each as defined
The defined terms Ballot and Master Ballot includes all ancillary and related information and any amendments or supplements thereto necessary for completing the Ballot or Master Ballot.
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below) entitled to vote in the following impaired classes the Ballots and Master Ballots substantially in the form of the corresponding Ballot Form: Voting Class (Class Description) Class 3 (Prepetition Facility Claims) Class 4 (OEM Claims) Class 5 (General Unsecured Claims) Class 6 (Senior Note Claims) Class 6 (Senior Note Claims) Class 6 (PBGC Claim) Class 7 (Senior Subordinated Note Claims) Class 7 (Senior Subordinated Note Claims) E. 40. Ballot Form (Distributee) Exhibit C-1 (Holders) Exhibit C-2 (Holders) Exhibit C-3 (Holders) Exhibit C-4 (Beneficial Holders) Exhibit C-5 (Nominee) Exhibit C-6 (Holder) Exhibit C-7 (Beneficial Holders) Exhibit C-8 (Nominee)
Approval of the Form of Solicitation Notice Bankruptcy Rule 2002(b), (d) requires notice to all creditors and equity interest
holders of the time set for filing objections to confirmation of a chapter 11 plan and the hearing to consider confirmation of such plan. To satisfy these requirements, the Debtors intend to send a solicitation document, substantially in the form attached hereto as Exhibit D
(the Solicitation Notice). The Debtors intend the Solicitation Notice to contain, among other things: (a) instructions to creditors and interested parties on how such parties may view or obtain copies of the Court-approved Disclosure Statement (with all appendices thereto, including the Plan), the Plan Supplement, the Solicitation Procedures Order, the Solicitation Procedures and all other materials in the Debtors Solicitation Documents; (b) a disclosure regarding the settlement, third party release, exculpation and injunction language in Article XII of the Plan; (c) the Voting Record Date; (d) the procedures for the temporary allowance of claims; (e) the Voting Deadline; (f) the Plan Objection Deadline; and (g) the Confirmation Hearing date and time. 41. The Debtors respectfully request that the Court find that the Solicitation Notice
complies with the requirements of Bankruptcy Rule 2002(b), (c)(3) and (d). The Debtors further
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request that the Court determine that the Solicitation Notice contains sufficient disclosure regarding the settlement, third party release, exculpation and injunction language in Article XII of the Plan. 42. The Debtors propose to publish the Solicitation Notice as described in Paragraph C.5
of the Solicitation Procedures set forth on Exhibit B attached hereto. Bankruptcy Rule 2002(l) provides that the court may order notice by publication if it finds that notice by mail is impracticable or that it is desirable to supplement notice. Fed. R. Bankr. P. 2002(1). The Debtors believe that publication of the Solicitation Notice in accordance with the Solicitation Procedures will provide sufficient notice of the Plan Objection Deadline, the Confirmation Hearing and other relevant deadlines to entities that may not otherwise receive notice by mail. The Debtors submit that publication of the Solicitation Notice as set forth above is adequate and sufficient notice to such creditors, equity holders and other parties in interest under the circumstances. F. Approval of Forms of Other Notices (i) 43. Non-Voting Status Notices
As reflected in Article III of the Plan, certain classes of claims and equity interests
under the Plan are not entitled to vote to accept or reject the Plan because such classes (a) are unimpaired within the meaning of section 1124 of the Bankruptcy Code or (b) would receive no distribution under the Plan and, therefore, are deemed to reject the Plan pursuant to section 1126(g) of the Bankruptcy Code. In addition, certain creditors whose claims are not classified in accordance with section 1123(a)(1) of the Bankruptcy Code are not entitled to vote to accept or reject the Plan. 44. The Debtors propose that, unless specifically requested, they not be required to send
Solicitation Documents to these creditors and equity holders, as set forth in Paragraph C.3 of the Solicitation Procedures, unless any such parties are entitled to vote on the Plan as of the Voting Record Date. The Debtors will send creditors and equity interest holders not entitled to vote on the Plan (other than holders or disputed claims, which shall received such treatment as described 14
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below) and creditors with unclassified claims, both a Solicitation Notice and one of the following notices: (a) the Notice Of Non-Voting Status With Respect To Unimpaired Classes Deemed To Accept The Plan And Unclassified Classes; or (b) the Notice Of Non-Voting Status With Respect To Impaired Classes Deemed To Reject The Plan, as applicable, each substantially in the form attached hereto as Exhibit E and Exhibit F, respectively (collectively, the Non-Voting Status Notices). (ii) 45. Retained Causes of Action Notice and Counterparties to Executory Contracts and Unexpired Leases Notice.
The parties listed on Exhibit A to the Plan entitled Nonexclusive List of Causes of
Action and the counterparties to the Debtors executory contracts and unexpired leases listed on Exhibit E and Exhibit F to the Plan will receive only the Solicitation Notice and one or both of the following additional notices: (a) the Notice To Parties To Retained Causes Of Action and (b) the Notice To Counterparties To Executory Contracts And Unexpired Leases, as applicable, each substantially in the forms attached to the Motion as Exhibit G and Exhibit H, respectively (the Retained Causes Of Action Notice and the Counterparties To Executory Contracts And Unexpired Leases Notice, respectively). If any of these parties also have claims against or equity interests in the Debtors as of the Voting Record Date, such parties shall also receive the Solicitation Documents pursuant to the procedures outlined in Paragraph C.2 of the Solicitation Procedures. G. 46. Approval of Voting and Tabulation Procedures The Debtors respectfully request that the Court approve the voting and tabulation
procedures described in Paragraph D of the Solicitation Procedures set forth in accordance with section 1126(c) of the Bankruptcy Code and Bankruptcy Rule 3018(a). Section 1126(c) of the Bankruptcy Code provides: A class of claims has accepted a plan if such plan has been accepted by creditors, other than any entity designated under subsection (e) of this section, that hold at least 15
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two-thirds in amount and more than one-half in number of the allowed claims of such class held by creditors, other than any entity designated under subsection (e) of this section, that have accepted or rejected the plan. 11 U.S.C. 1126(c). (i) 47. Voting and General Tabulation Procedures
The Plan contemplates impaired classes that will be entitled to vote on the Plan. The
Debtors respectfully request that the Court order that only those holders of claims specified in Paragraph D.1 of the Solicitation Procedures are entitled to vote to accept or reject the Plan. 48. The Debtors further propose, with respect to tabulating votes, that the Court approve
the hierarchy described in Paragraph D.2 of the Solicitation Procedures to be used to determine the claim amount associated with each creditors vote. The Debtors request that the claim amount established pursuant to Paragraph D.2 of the Solicitation Procedures control for voting purposes only and not constitute the allowed amount of any claim. 49. Furthermore, the Debtors propose that the voting procedures and standard
assumptions listed in Paragraph D.3 of the Solicitation Procedures be used in tabulating Ballots and Master Ballots. (ii) 50. Master Ballot Tabulation Procedures
The Plan also contemplates that certain Beneficial Holders of claims derived from, or
based on, indentures issued by the Debtors (the Indentures) will be entitled to accept or reject the Plan. These types of claims require additional tabulation rules. 51. With respect to holders of the Debtors Indentures, the Debtors recognize that the
records of the indenture trustees for the Debtors Indentures may reflect the brokers, dealers, commercial banks, trust companies or other nominees (each, a Nominee) through which certain Beneficial Holders hold the relevant Indentures rather than the Beneficial Holders themselves.
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Accordingly, the Debtors propose that the tabulation procedures set forth in Paragraphs D.3 and D.4 of the Solicitation Procedures apply to holders of Beneficial Holder claims. 52. For relevant materials to be fully and properly disseminated to the Beneficial Holders,
the Debtors respectfully request that the Court order all Nominees that have been identified as holders of the Indentures on the Voting Record Date to (a) disseminate the appropriate Solicitation Documents or other appropriate notices to the Beneficial Holders and (b) cooperate fully with the Debtors with respect to the solicitation process.9 (iii) 53. Temporary Allowance of Claims for Voting Purposes
Bankruptcy Rule 30l8(a) provides, in relevant part, that the court after notice and
hearing may temporarily allow [an objected to] claim or interest in an amount which the court deems proper for the purpose of accepting or rejecting a plan. Fed. R. Bankr. P. 3018(a). 54. The Debtors propose that the Court approve the procedures set forth in Paragraph D.5
of the Solicitation Procedures regarding temporary allowance of claims subject to pending objections for voting purposes only. Specifically, if an objection to a claim is pending on the
Voting Record Date, the holder of such claim shall receive a copy of the Solicitation Notice and a Notice of Non-Voting Status with Respect to Disputed Claims (the Objected-to-Claim Notice), substantially in the form attached as Exhibit I to the Motion, in lieu of a Ballot. The
Objected-to-Claim Notice shall inform such holder that (a) an objection to its claim (each, a Objected-to-Claim) is pending and (b) the holder cannot vote absent at least one of the following taking place prior to the Voting Deadline: (i) an order is entered by the Bankruptcy Court, after notice and a hearing, temporarily allowing such Objected-to-Claim for voting purposes only
Nominees will be reimbursed by the Debtors for reasonable, actual and necessary administrative expenses incurred in connection with such distribution to their respective Beneficial Holders.
17
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pursuant to Bankruptcy Rule 3018(a); (ii) a stipulation or other agreement is executed between the holder of the Objected-to-Claim and the Debtors allowing the holder of the Objected-to-Claim to vote its Objected-to-Claim in an agreed upon amount; or (iii) the pending objection to the Objected-to-Claim is voluntarily withdrawn by the Debtors or overruled by the Bankruptcy Court (each, a Resolution Event). If a Resolution Event occurs before the Voting Deadline, no later than two business days after a Resolution Event, the Solicitation Agent shall distribute a Ballot and a preaddressed, postage pre-paid envelope to the relevant holder of the Objected-to-Claim, which must be returned to the Solicitation Agent by no later than the Voting Deadline. 55. If an objection to a claim is filed by the Debtors after the Voting Record Date, the
Ballot of the holder of such Objected-to-Claim will not be counted absent a Resolution Event taking place on or before the Confirmation Hearing. 56. Nothing in the Solicitation Procedures shall affect the Debtors right to object to any
proof of claim on any other ground or for any other purpose. 57. The Debtors propose that the Court approve the procedures described in
Paragraph D.5 of the Solicitation Procedures for handling Objected-to-Claims. H. 58. Returned Solicitation Packages and Notices The Debtors seek the Courts approval for a departure from the strict notice rule
excuse from (a) giving notice or providing service of any kind upon any entity to whom the Debtors mailed any Solicitation Documentation, including any notices, and received any of such documents returned by the United States Postal Service marked undeliverable as addressed, moved left no forwarding address, forwarding order expired or similar marking, unless the Debtors have been informed in writing by such entity of that entitys new address and (b) re-mailing such documents to those entities whose addresses differ from the addresses in the claims register or the Debtors records as of the Voting Record Date. If a creditor has changed its mailing address after the Petition Date, 18
K&E 11354752.10
the burden shall be on the creditor or party in interest, not the Debtors, to advise the Solicitation Agent of the new address. Conclusion 59. In sum, the Debtors seek an order of the Bankruptcy Court: (a) approving the
Disclosure Statement; (b) fixing (i) the Voting Record Date, (ii) the Voting Deadline, (iii) deadlines for filing objections, if any, to confirmation of the Plan and replies to any such objections and (iv) the date for the hearing on confirmation of the Plan; and (c) approving the Solicitation Procedures and the form of certain Solicitation Documents. The Debtors believe that the requested procedures and other relief requested herein are cost-effective, provide adequate notice and an opportunity to be heard and are in the best interests of the Debtors estates, their creditors and other parties in interest. Accordingly, the Debtors submit that they have shown good cause for the relief requested herein. Notice 60. Notice of this Motion has been given to the Core Group and 2002 List as required by
the Case Management Procedures. In light of the nature of the relief requested, the Debtors submit that no further notice is required.10 No Prior Request 61. court. No prior motion for the relief requested herein has been made to this or any other
10
In addition, a separate notice setting forth the means to obtain a copy of the Disclosure Statement and Plan and the deadline for filing objections, if any, to this Motion or the adequacy of information contained in the Disclosure Statement, in the form attached hereto as Exhibit J, has been filed and served upon all creditors, equity security holders and other parties in interest, as required by Bankruptcy Rules 2002 and 3017.
19
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WHEREFORE, the Debtors respectfully request that the Court enter the proposed Solicitation Procedures Order, substantially in the form attached hereto as Exhibit A, granting this Motion and such further relief as is just and proper. Dated: December 22, 2006 KIRKLAND & ELLIS LLP /s/ Ray C. Schrock 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) Lawrence A. Lichtman (P35403) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors
20
K&E 11354752.10
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 DEBTORS MOTION FOR ORDER APPROVING THE DEBTORS DISCLOSURE STATEMENT AND RELIEF RELATED THERETO PLEASE TAKE NOTICE THAT the above-captioned debtors (collectively, the Debtors) have filed their Motion for Order Approving the Debtors Disclosure Statement and Relief Related Thereto (the Motion). PLEASE TAKE FURTHER NOTICE THAT your rights may be affected. You may wish to review the Motion 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.)
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 11523035.3
PLEASE TAKE FURTHER NOTICE THAT in accordance with the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005 [Docket No. 294] (the Case Management Procedures), if you wish to object to the Court granting the relief sought in the Motion, or if you want the Court to otherwise consider your views on the Motion, no later than January 18, 2007 at 4:00 p.m. prevailing Eastern Time, or such shorter time as the Court may hereafter order and of which you may receive subsequent notice, you or your attorney must file with the Court a written response, explaining your position at:2 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 the documents so that they are received on or before January 18, 2007 at 4:00 p.m. prevailing Eastern Time, in accordance with the Case Management Procedures, including to: Kirkland & Ellis LLP Attn: Richard M. Cieri Citigroup Center 153 East 53rd Street New York, New York 10022 Facsimile: (212) 446-4900 E-mail: rcieri@kirkland.com -and-
Response or answer must comply with Rule 8(b), (c) and (e) of the Federal Rules of Civil Procedure.
2
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Kirkland & Ellis LLP Attn: David L. Eaton Ray C. Schrock Marc J. Carmel 200 East Randolph Drive Chicago, Illinois 60601 Facsimile: (312) 861-2200 E-mail: deaton@kirkland.com rschrock@kirkland.com mcarmel@kirkland.com -andCarson Fischer, P.L.C. Attn: Joseph M. Fischer 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Facsimile: (248) 644-1832 E-mail: jfischer@carsonfischer.com PLEASE TAKE FURTHER NOTICE THAT if no responses to the Motion are timely filed and served, the Court may grant the Motion 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.
3
K&E 11523035.3
KIRKLAND & ELLIS LLP /s/ Ray C. Schrock 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
4
K&E 11523035.3
EXHIBIT A
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 APPROVING THE DEBTORS DISCLOSURE STATEMENT AND RELIEF RELATED THERETO Upon the above-captioned debtors (collectively, the Debtors)2 motion for order approving the Debtors Disclosure Statement and relief related thereto (the Motion) [Docket No. ]; it appearing that the relief requested is in the best interests of the Debtors estates,
their creditors and other parties in interest; it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; it appearing that this proceeding is a core
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. Any capitalized term used herein, but not defined herein, shall have the meaning assigned to such term in the Motion.
K&E 11354753.6
proceeding pursuant to 28 U.S.C. 157(b)(2); it appearing that venue of this proceeding and this Motion in this District is proper pursuant to 28 U.S.C. 1408 and 1409; it appearing that notice of this Motion and the opportunity for a hearing on this Motion was appropriate under the particular circumstances and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that: 1. 2. The Motion is granted in its entirety. The Disclosure Statement complies with all aspects of section 1125 of the
Bankruptcy Code and is hereby approved as containing adequate information (as defined in section 1125 of the Bankruptcy Code). 3. The Solicitation Procedures attached to the Motion as Exhibit B are hereby
approved; provided that the Debtors reserve the right to amend or supplement the Solicitation Procedures to better facilitate the solicitation process. 4. The Solicitation Documents attached to the Motion as Exhibit C through
Exhibit K are approved. 5. 6. distribute The date of this Order shall be the Voting Record Date. Notwithstanding the deadlines set forth in Local Rule 3018-1, the Debtors may the Solicitation Documents and related notices, in accordance with the
Solicitation Procedures, on a date that is no more than seven business days following entry of the order approving the Disclosure Statement. 7. The Voting Deadline shall be __________, 2007, at 5:00 p.m. prevailing Pacific
Time; provided that the Debtors may extend such Voting Deadline, if necessary, without further order of the Court, to a date no later than five days before the Confirmation Hearing with notice to all creditors entitled to vote.
2
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8.
prevailing Eastern Time, which hearing may be continued from time to time by the Court or the Debtors without further notice other than adjournments announced in open court; provided, if the Debtors adjourn the Confirmation Hearing after the Plan Objection Deadline, the Debtors shall provide written notice of such adjournment to the Core Group, the 2002 List and objecting party. 9. Any objections to the Plan must be filed by the Plan Objection Deadline,
____________, 2007, at 5 p.m. prevailing Pacific Time. 10. The Debtors and other parties supporting the Plan may, in their discretion, file a
reply no later than three days before the Confirmation Hearing to any objections to confirmation of the Plan. 11. The Debtors and such other parties are granted relief from Local Rule 9014-1(e)
and are authorized to file a reply in excess of five pages. 12. Nominees are directed to distribute the Solicitation Documents to the applicable
Beneficial Holders, to tabulate votes on behalf of such Beneficial Holders in accordance with the Solicitation Procedures and return Master Ballots to the Solicitation Agent by the
Voting Deadline and maintain the original Beneficial Holder Ballots for a period of one year from the Effective Date of the Plan. 13. The Debtors are authorized to reimburse the Nominees for reasonable, actual and
necessary administrative expenses incurred in connection with distribution of the Disclosure Statement to the Beneficial Holders in accordance with the Solicitation Procedures. 14. The Debtors are authorized to take all actions necessary to effectuate the relief
3
K&E 11354753.6
15.
The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry. 16. The Court retains jurisdiction with respect to all matters arising from or related to
4
K&E 11354753.6
CERTIFICATE OF SERVICE I, Ray C. Schrock, an attorney, certify that on the 22nd day of December, 2006, I caused to be served, by e-mail, facsimile and by overnight delivery, in the manner and to the parties set forth on the attached service lists, a true and correct copy of the foregoing Motion for Order Approving the Debtors Disclosure Statement and Relief Related Thereto. Dated: December 22, 2006 /s/ Ray C. Schrock Ray C. Schrock
K&E 11523035.3
CREDITOR NAME A Freeman Acord Inc Adrian City Hall Alice B Eaton Amalgamated Life Askounis & Borst PC Assistant Attorney General of Texas ATC Nymold Corporation Athens City Tax Collector Autoliv ASP Inc Bailey & Cavalieri LLC Baker & Hostetler LLP Balch & Bingham LLP Barnes & Thornburg LLP Barnes & Thornburg LLP Bartlett Hackett Feinberg Basell USA Inc
CREDITOR NOTICE NAME John Livingston John Fabor Judith Greenspan Esq Thomas V Askounis Esq E Stuart Phillips Sherry Epstein Mike Keith Eric R Swanson Esq & Anthony J Nellis Esq Adam J Biehl & Yvette A Cox Wendy J Gibson & Brian A Bash Eric T Ray John T Gregg Patrick E Mears Frank F McGinn Scott Salerni
Benesch Friedlander Coplan & Aronoff LLP William E Schonberg & Stuart A Laven Jr Bernardi Ronayne & Glusac PC Rodney M. Glusac Bernstein Litowitz Berger & Grossman LLP Berry Moorman PC Berry Moorman PC Bird Svendsen Brothers Scheske & Pattison PC Borges & Associates LLC Bose McKinney & Evans LLP Bradley Arant Rose & White LLP Brendan G Best Brown Rudnick Berlack Israels LLP Bryan Clay Burr & Forman LLP Butzel Long PC Butzel Long PC Cahill Gordon & Reindel Cahill Gordon & Reindel Calhoun Di Ponio & Gaggos PLC Carlile Patchen & Murphy LLP Chambliss Bahner & Stophel PC Champaign County Collector Chris Kocinski City Of Eunice City Of Evart City Of Kitchener Finance Dept City Of Lowell City Of Marshall City Of Muskegon City Of Port Huron City Of Rialto City Of Rochester Hills City Of Salisbury City Of Westland City Of Woonsocket Ri City Treasurer City Treasurer Colbert & Winstead PC Steven Singer & John Browne Dante Benedettini Esq James Murphy Esq Eric J Scheske Wanda Borges Esq Jeannette Eisan Hinshaw Jay R Bender
EMAIL afreeman@akingump.com jlivingston@acordinc.com cityofadrian@iw.net aeaton@stblaw.com jgreenspan@amalgamatedlife.com taskounis@askborst.com stuart.phillips@oag.state.tx.us sepstein@atc-lighting-plastics.com finance@cityofathens.com eric.swanson@autoliv.com tony.nellis@autoliv.com Yvette.Cox@baileycavalieri.com Adam.Biehl@baileycavalieri.com wgibson@bakerlaw.com eray@balch.com john.gregg@btlaw.com pmears@btlaw.com ffm@bostonbusinesslaw.com scott.salerni@basell.com wschonberg@bfca.com slaven@bfca.com rodg@brgpc.com steve@blbglaw.com johnb@blbglaw.com dante@berrymoorman.com murph@berrymoorman.com bsbs@charter.net borgeslawfirm@aol.com jhinshaw@boselaw.com jbender@bradleyarant.com bbest@dykema.com rstark@brownrudnick.com ssmith@brownrudnick.com bryan_clay@ham.honda.com shoff@burr.com sharkey@butzel.com osborne@butzel.com wilkins@butzel.com jschaffzin@cahill.com rusadi@cahill.com kcc@cdg-law.com lxf@cpmlaw.com bbailey@cbslawfirm.com bneal@co.champaign.il.us christopher.j.kocinski@bofasecurities.com Eunicela@hotmail.com evartmanager@sbcglobal.net finance@city.kitchener.on.ca MYoung@ci.lowell.ma.us Mevans@cityofmarshall.com roberto.robles@postman.org cphdp@porthuron.org treasurer@rialtoca.gov treasury@rochesterhills.org finwebreq@salisburync.gov finance@ci.westland.mi.us webmaster@woonsocketri.org THovarter@cityofmarshall.com Ncowdrey@corunna-mi.gov amalone@colwinlaw.com skomrower@coleschotz.com mpolitan@coleschotz.com cathy.barron@constellation.com
Robert Stark & Steven Smith Shannon E Hoff Daniel N Sharkey & Paula A Osborne Matthew E Wilkins Esq Jonathan A Schaffzin Robert Usadi Kevin C Calhoun Leon Friedberg Bruce C Bailey Barb Neal The Mator at City Hall Roger Elkins City Manager Pauline Houston Lowell Regional Wastewater Maurice S Evans City Manager Bob Robles Treasurer's Office City Treasurer Kurt A Dawson City Assesor Treasurer Business License Div Pretreatment Division Tracy Horvarter Amy Wood Malone
Cole Schotz Meisel Forman & Leonard PA Stuart Komrower & Mark Politan Constellation NewEnergy Inc Catherine Barron Esq
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 1 of 5
CREDITOR NAME Coolidge Wall Womsley & Lombard Crowell & Moring LLP Crowell & Moring LLP Cummings McClorey Davis & Acho PLC DaimlerChrysler DaimlerChrysler DaimlerChrysler Corporation Daniella Saltz Danielle Kemp Danning Gill Diamond & Kollitz LLP David H Freedman David Heller David Youngman Dennis C Roberts PLLC Dickinson Wright PLLC Dickinson Wright PLLC Dilworth Paxson LLP Dow Chemical Company Dow Chemical Company Duane Morris LLP DuPont Dworken & Bernstein Co LPA Dykema Gossett Rooks Pitts PLLC Earle I Erman Eastman & Smith Ltd Elias Meginnes Riffle & Seghetti PC Ellwood Group Inc Erin M Casey Erman Teicher Miller Zucker & Freedman PC Foley & Lardner LLP Frank Gorman Gail Perry Garan Lucow Miller PC Garan Lucow Miller PC Ge Capital GE Polymerland George E Schulman Gold Lange & Majoros PC Gold Lange & Majoros PC Hal Novikoff Handwork & Kerscher LLP Heather Sullivan Hewlett Packard Co Hewlett Packard Co Hunton & Williams LLP Hyman Lippitt PC InterChez Logistics Systems Inc International Union UAW Jacob & Weingarten PC Jaffe Raitt Heuer & Weiss PC Jaffe Raitt Heuer & Weiss PC James A Plemmons James C Edwards Jenner & Block LLP Jim Clough Joe LaFleur Joe Saad John A Harris John Green John J Dawson John S Sawyer
CREDITOR NOTICE NAME Steven M Wachstein Esq Joseph L Meadows Mark D Plevin K Kinsey
George E Shulman
Dennis C Roberts Dawn R Copley Esq Michael C Hammer Anne Marie Kelley & Scott Freedman Kathleen Maxwell Lee H Sjoberg Brian W Bisignani Esq Bruce Tobiansky Howard S Rabb Esq Peter J Schmidt Matthew D Harper Brian J Meginnes & Janaki Nair Susan A Apel Esq
EMAIL wachstein@coollaw.com jmeadows@crowell.com mplevin@crowell.com kkinsey@cmda-law.com kpm3@daimlerchrysler.com krk4@daimlerchrysler.com krk4@dcx.com dsaltz@ford.com danielle.kemp@lw.com ges@dgdk.com dfreedman@ermanteicher.com david.heller@lw.com David.Youngman@ColAik.com dcroberts@coxinet.net dcopley@dickinsonwright.com mchammer2@dickinsonwright.com sfreedman@dilworthlaw.com klmaxwell@dow.com LHSjoberg@dow.com bisignani@duanemorris.com bruce.d.tobiansky@usa.dupont.com abollas@dworkenlaw.com pschmidt@dykema.com eerman@ermanteicher.com mdharper@eastmansmith.com bmeginnes@emrslaw.com jnair@emrslaw.com sapel@elwd.com ecasey@stblaw.com jteicher@ermanteicher.com jo'neill@foley.com fgorman@honigman.com perry.gail@pbgc.com kblair@garanlucow.com rvozza@garanlucow.com rail.sales@ge.com valerie.venable@ge.com ges@dgdk.com emajoros@glmpc.com sgold@glmpc.com dlehl@glmpc.com HSNovikoff@wlrk.com kerscher@aol.com hsullivan@unumprovident.com anne.kennelly@hp.com ken.higman@hp.com jburns@hunton.com bokeefe@hymanlippitt.com mchesnes@interchez.com nganatra@uaw.net rob@jacobweingarten.com aschehr@jaffelaw.com lrochkind@jaffelaw.com jplemmons@dickinson-wright.com jamesedwardslaw@peoplepc.com ppossinger@jenner.com jrc8@daimlerchrysler.com joe_lafleur@ham.honda.com js284477@bloomberg.net jharris@quarles.com greenj@millercanfield.com jdawson@quarles.com jss@sawyerglancy.com
Kellie M Blair Esq Robert Vozza Esq Val Venable Elias T Majoros Stuart A Gold & Donna J Lehl Jeffrey M Kerscher Anne Marie Kennelly Ken Higman John D Burns Brian D Okeefe Mark Chesnes Niraj R Ganatra Robert K Siegel Alicia S Schehr Louis P Rochkind
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 2 of 5
CREDITOR NAME Josef Athanas Joseph Delehant Esq Joseph M Fischer Esq K Crumbo K Schultz Kelley Drye & Warren LLP
EMAIL josef.athanas@lw.com joseph.delehant@sylvania.com jfischer@carsonfischer.com kcrumbo@kraftscpas.com kschultz@tmmna.com jcarr@kelleydrye.com robert.bassel@kkue.com kll2@krwlaw.com kim.stagg@nmm.nissan-usa.com Kimberly.Rodriguez@gt.com tah@kompc.com patrick.healy@lawdeb.com daniel.fisher@lawdeb.com stzouvelekas@lwtm.com lwalzer@angelogordon.com veronica.fennie@lfr.com dallas.bankruptcy@publicans.com houston_bankruptcy@publicans.com tim@litespeedpartners.com metkin@lowenstein.com ilevee@lowenstein.com vdagostino@lowenstein.com mcrosby@akingump.com webmaster@misd.net mcarmel@kirkland.com mark.w.fischer@gm.com dhoopes@mayocrowe.com lrosenbloom@mwe.com dchristian@mwe.com jdejonker@mwe.com JRG@msblaw.com palucey@michaelbest.com mpaslay@wallerlaw.com mstamer@akingump.com treasReg@michigan.gov dmgbeachlaw@hawaii.rr.com Michael.Orourke@colaik.com mike.paslay@wallerlaw.com pborenstein@milesstockbridge.com fusco@millercanfield.com brucemiller@millercohen.com sarbt@millerjohnson.com info@electionsquebec.qc.ca mied@dor.mo.gov jmorganroth@morganrothlaw.com maire@st-zotique.com rrios@munsch.com jbruinsma@mnds-pllc.com kschneider@niccausa.com Nick.Shah@cit.com nina.m.rosete@bofasecurities.com pbaylor@nutter.com rcolasuonno@orlaw.com ssoll@oshr.com phoffman@bofasecurities.com ksummers@psedlaw.com eagle.sara@pbgc.gov efile@pbgc.gov cfilardi@pepehazard.com
Kemp Klein Umphrey Endelman & May PC Robert N Bassel Esq Kerr Russell & Weber PLC Kevin L Larin & James E DeLine Kim Stagg Kimberly Davis Rodriguez Paul Magy Terrance Hiller Jr & Matthew Kupelian Ormond & Magy PC Thompson Law Debenture Trust Company of New York Patrick Healy & Daniel Fisher Leatherwood Walker Todd & Mann PC Seann Gray Tzouvelekas Leigh Walzer Levine Fricke Inc Linebarger Goggan Blair & Sampson LLP Linebarger Goggan Blair & Sampson LLP Litespeed Partners Lowenstein Sandler PC Lowenstein Sandler PC M Crosby Macomb Intermediate School Marc J Carmel Mark Fischer Mayo Crowe LLC Elizabeth Weller John P Dillman Timothy Chen Michael S Etkin & Ira M Levee Vincent A DAgostino Esq
David S Hoopes
McDermott Will & Emery LLP McShane & Bowie PLC Michael Best & Friedrich LLP Michael R Paslay Michael Stamer Michigan Department Of Treasury Mighty Enterprises Inc Mike O'Rourke Mike Paslay Miles & Stockbridge PC Miller Canfield Paddock & Stone PLC Miller Cohen Miller Johnson Ministry Of Finance Corp Tax Branch Missouri Dept Of Revenue Morganroth & Morganroth PLLC Municipalite Du Village De Munsch Hardt Kopf & Harr PC Myers Nelson Dillon & Shierk PLLC NICCA USA Inc Nick Shah Nina Rosete Nutter McClennen & Fish LLP O Reilly Rancilio PC Otterbourg Steindler Houston & Rosen PC Paul Hoffman Pear Sperling Eggan & Daniels PC Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pepe & Hazard LLP
David M Gurewitz
Patricia A Borenstein Esq Timothy A Fusco Esq Bruce A Miller Thomas P Sarb & Robert D Wolford 15663507 Jeffrey Morganroth Lacolle Randall A Rios James R Bruinsma Karen Schneider
Peter Nils Baylor Esq Ralph Colasuonno & Craig S Schoenherr Sr Steven B Soll Esq Kevin N Summers Sara Eagle & Gail Perry Sara Eagle & Gail Perry Charles J Filardi Jr
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
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CREDITOR NAME Pepper Hamilton LLP Pepper Hamilton LLP Pepper Hamilton LLP Peter Schmidt Peter V Pantaleo Phh Canada Inc Philip Dublin Phoenix Contracting Company Pillsbury Winthrop Shaw Pittman LLP Pillsbury Winthrop Shaw Pittman LLP Pillsbury Winthrop Shaw Pittman LLP Pillsbury Winthrop Shaw Pittman LLP Pitts Hay & Hugenschmidt PA Plunkett & Cooney PC Quadrangle Group LLC Quadrangle Group LLC R Aurand R J Sidman Ralph E McDowell Ravich Meyer Kirkman McGrath & Nauman PA Ray C Schrock Rex D Rainach Rhoades McKee Rick Feinstein Ricoh Canada Inc Riker Danzig Scherer Hyland & Perretti LLP RLI Insurance Company Robert J Diehl Jr Robert Weiss Ronald A Leggett Ronald R Rose Sarah Eagle SC DHEC Sean P Corcoran Seiller Waterman LLC Seyburn Kahn Ginn Bess & Serlin PC Sheehan Phinney Bass & Green PA Sheryl Toby Shumaker Loop & Kendrick LLP Sidley Austin Brown & Wood LLP Sills Cummis Epstein & Gross PC Spengler Nathanson PLL St Paul Travelers Stark County Treasurer State Of Michigan
CREDITOR NOTICE NAME Francis J Lawall & Bonnie MacDougal Kistler J Gregg Miller & Linda J Casey Kenneth H Zucker
Tricia Sommers Craig A Barbarosh Patrick J Potter Esq Rick Antonoff Esq Lara Sheikh Esq Josh J May Esq William B Freeman Esq Robert P Pitts Esq Douglas C Bernstein Andrew Herenstein Patrick Bartels
EMAIL lawallf@pepperlaw.com kistlerb@pepperlaw.com millerj@pepperlaw.com zuckerk@pepperlaw.com pschmidt@dykema.com ppantaleo@stblaw.com phhmail@phhpc.com pdublin@akingump.com triciawinkle@hotmail.com craig.barbarosh@pillsburylaw.com patrick.potter@pillsburylaw.com rick.antonoff@pillsburylaw.com bill.freeman@pillsburylaw.com pittsrm@charter.net dbernstein@plunkettcooney.com andrew.herenstein@quadranglegroup.com patrick.bartels@quadranglegroup.com raurand@e-bbk.com rjsidman@vssp.com rmcdowell@bodmanllp.com mfmcgrath@ravichmeyer.com rschrock@kirkland.com rainach@msn.com dbylenga@rhoadesmckee.com rick.feinstein@ubs.com legal@ricoh.ca
State Of Michigan State Of Michigan Stephen E Spence Stephen S LaPlante Steven A Siman PC Stevens & Lee PC
Dennis J OGrady Joseph L Schwartz & Curtis M Plaza jschwartz@riker.com Roy Die Roy_Die@rlicorp.com rdiehl@bodmanllp.com rweiss@honigman.com Collector Of Revenue leggettr@stlouiscity.com rrose@dykema.com eagle.sarah@pbgc.com whitehme@dhec.sc.gov Evander Whitehead chandlls@dhec.sc.gov sean.p.corcoran@delphi.com Richard M Rubenstein rubenstein@derbycitylaw.com Leslie Stein lstein@seyburn.com Bruce Harwood bharwood@sheehan.com stoby@dykema.com David H Conaway dconaway@slk-law.com bguzina@sidley.com Bojan Guzina & Brian J Lohan blohan@sidley.com asherman@sillscummis.com Andrew H Sherman & Boris I Mankovetskiy bmankovetskiy@sillscummis.com Michael W Bragg Esq MBragg@SpenglerNathanson.com Vatana Rose vrosa@stp.com PA Powers PAPowers@co.stark.oh.us Michigan Dept Of Environmental Quality Environmental Assistance Div deq-ead-env-assist@michigan.gov Michigan Dept Of Treasury Collection Div Office of Financial Mgmt Cashiers Office treasReg@michigan.gov Michigan Unemployment Insurance Agency shuttkimberlyj@michigan.gov US Trustee steve.e.spence@usdoj.gov laplante@millercanfield.com Steven A Siman sas@simanlaw.net Leonard P Goldberger Esq & John C Kilgannon Esq jck@stevenslee.com
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
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CREDITOR NAME
Stradley Ronon Stevens & Young LLP T Pryce Tax Administrator Textron Inc The Bank of New York Thomas Radom Treasurer Of State Tricia Sherick Tyco Capital Inc United Rentals Of Canada Inc United Steelworkers Varnum Riddering Schmidt & Howlett LLP Ville De Farnham Vinson & Elkins LLP Von Briesen & Roper SC Voridian Canada Company Warner Norcross & Judd LLP Warner Stevens LLP Wickes Manufacturing Co William C Andrews William G Diehl William J Byrne Willkie Farr & Gallagher LLP Wilmer Cutler Pickering Hale and Dorr LLP WL Ross & Co Womble Carlyle Sandridge & Rice PLLC Zeichner Ellman & Krause LLP
David R Jury Mary Kay Shaver Service de la Tresorerie John E West Randall Crocker & Rebecca Simoni Michael G Cruse Michael D Warner Esq co Stacy Fox of C&A
EMAIL ppatterson@stradley.com mdorval@stradley.com jtrotter@stradley.com tpryce@ford.com jcambio@tax.ri.gov afriedman@textron.com gbush@bankofny.com radom@butzel.com treasurer@tos.state.oh.us tsherick@honigman.com Frank.Chaffiotte@cit.com e-rental@ur.com djury@steelworkers-usw.org mkshaver@varnumlaw.com msaintdenis@ville.farnham.qc.ca jwest@velaw.com rcrocker@vonbriesen.com blanderson@eastman.com mcruse@wnj.com mwarner@warnerstevens.com stacy.fox@colaik.com kandrews@e-bbk.com wdiehl@e-bbk.com bbyrne@e-bbk.com alipkin@willkie.com rspigel@willkie.com andrew.goldman@wilmerhale.com oiglesias@wlross.com RWhelehan@wcsr.com pjanovsky@zeklaw.com
Alan Lipkin & Roger Spigel Andrew N Goldman Esq Oscar Iglesias Rory D Whelehan Esq Peter Janovsky & Stuart Krause
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
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In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 1 of 1
ADDRESS2
COUNTRY
Mike Keith Charlie Burrill Harry W Miller III Jay Truty Ms Amy Evans Thomas B Radom Attn Receiver General International Tax Service
Canada Canada
CREDITOR NAME Advanced Composites Inc Akin Gump Strauss Hauer & Feld LLP Assoc Receivables Funding Inc Athens City Tax Collector Basf Corporation Beam Miller & Rogers PLLC Bell Boyd & Lloyd Inc Brunswick Corp Butzel Long PC Canada Customs & Rev Agency Canada Customs & Rev Agency Charter Township Of Plymouth City Of Barberton City Of Canton City Of Dover City Of Dover City Of Evart Recreation Dept City Of Fullerton City Of Havre De Grace
ADDRESS1 1062 S 4th Ave 590 Madison Ave PO Box 16253 PO Box 849 1609 Biddle Ave 709 Taylor St 3 1st National Plaza Ste 3300 Law Dept 100 Bloomfield Hills Pkwy Ste 100 1 5 Notre Ave 2204 Walkley Rd PO Box 8040 104 3rd St NW PO Box 9951 484 Middle Rd PO Box 818 200 South Main St 303 W Commonwealth Ave 711 Pennington Ave
CITY Sidney New York Greenville Athens Wyandotte PO Box 280240 Nashville 70 W Madison St Chicago One North Field Ct Lake Forest Bloomfield Hills Sudbury Ottawa Plymouth Barberton Canton Dover Dover Evart Fullerton Havre De Grace
STATE OH NY SC TN MI TN IL IL MI ON ON MI OH OH NH NH MI CA MD
ZIP 45365-8977 10022 29606 37371-0849 48192 37208 60602-4207 60045 48304 P3A 5C2 K1A 1B1 48170-4394 44203 44711-9951 03820 03820-0818 49631 92632 21078
City of Kalamazoo City Of Los Angeles City Of Phoenix City Of Roxboro City Of St Joseph City Of Williamston City Treasurer Collector Of Revenue Collins & Aikman Corp Legal Dept Columbia Center 10th Fl 321 Settlers Rd 4500 Dorr St 885 Third Ave Ste 3300 7000 N Green Bay Ave Kellie Schone Jayson Macyda DuPont Legal D 7156 400 Renaissance Center One SeaGate 24th Fl 4611 North 32nd St 1084 Doris Rd 47690 E Anchor Ct PO Box 105499 PO Box 890691
Carolyn Rutland PhD Dept Of Building And Safety City Attorneys Office Tax Department Water Department
Public Svc Dept Env Svc Div 201 N Figueroa St No 786 200 W Washington St 13th Fl PO Box 128 700 BRd St 161 E Grand River 100 Mcmorran 201 N Second St 26553 Evergreen Rd
MI CA AZ NC MI MI MI MO MI NY MI MI OH New York Milwaukee 5445 Corporate Dr Ste 170 Troy 1007 N Market St Wilmington Detroit PO Box 10032 Toledo Milwaukee Auburn Hills Plymouth Atlanta Charlotte NY WI MI DE MI OH WI MI MI GA NC
49007-2565 90012 85003 27573 49085-1355 48895 48060 63301 48076 14831 48084 49423 43615 10022 53209 48098-2683 19898 48243 43604 53209-6023 48326-2613 48170 30348-5499 28289-0691
Corning Inc
Cox Hodgman & Giarmarco PC Cunningham Dalman PC Dana Corp Davidson Kempner Capital Management LLC Dennis Reis LLC
William H Horton Esq & Sean M Walsh Esq Jeffrey K Helder Lisa A Wurster Esq
1415 N Harrison St Kalamazoo File 54563 Los Angeles Phoenix Roxboro St Joseph Williamston Port Huron St Charles Ste 900 Southfield Riverfront Plaza HQ E2 10 Corning 101 W Big Beaver Rd Troy PO Box 1767 Holland PO Box 1000 Toledo
Charles McKelvie Rita Baird Susan F Herr Ronald Rose & Brendan Best David W Nunn Esq Gary Torke
Dold Spath McKelvie & DeLuca PC DuPont Dykema Gossett PLLC Eastman & Smith Ltd ER Wagner Manufacturing Fisher Automotive Systems Fisher America Inc Freudenberg Nok Inc
William Stiefel
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 1 of 4
ADDRESS2
COUNTRY
CREDITOR NAME Ge Capital Ge Capital Ge Capital Ge Capital Comm Serv Astro Dye General Motors Corp Harford County Revenue Heritage Environmental Svcs Inc Hicks Casey & Foster PC PO Box 300 Attn Lease Administration TN 37203-5223
Linda L Bentley
ADDRESS1 PO Box 740434 PO Box 640387 PO Box 642444 PO Box 60500 300 Renaissance Center 220 South Main St 7901 W Morris St 136 N Fairground St Ste 100
CITY Atlanta Pittsburgh Pittsburgh Charlotte Detroit Bel Air Indianapolis Marietta
STATE GA PA PA NC MI MD IN GA
Highwoods Forsyth Lp
Canada
Tim Gorman
Highwoods Forsyth Lp Hnk Michigan Properties Indiana Department Of Revenue Indiana Dept Of Revenue Indiana Steel & Wire Co Industrial Development Board Industrial Leasing Company Industrial Truck Sales & Svc Inmet Division of Multimatic Internal Revenue Service Invista ISP Elastomer James R Temple Janesville Products Keith Milligan
Laura Kelly
Attn Lease Administration 7255 Crossleigh Court Ste 108 100 N Senate Ave PO Box 7218 1 E 4th St PO Box 4660 PO Box 1803 PO Box 1807 35 West Milmot St Box 330500 Stop 15 601 S LA Salle St Ste 310 PO Box 4346 108 W Scott St 2700 Patterson Ave 3745 C Us Hwy 80 W
NC OH IN IN OH AL MI NC ON MI IL TX MI MI AL
27604 43617 46204-2253 46207-7218 45202 36103-4660 49501 27702-1807 L4B 1L7 48232 60605-1725 77210 48837 49546 36870
C Garland Waller
2120 West End Ave Ste 100 Nashville 3100 Smoketree Ct Ste 600 Raleigh Toledo Indianapolis Indianapolis Cincinnati Montgomery Grand Rapids Durham Richmond Hill Detroit Chicago Houston Grand Ledge Grand Rapids Phenix 21557 Telegraph Rd Southfield Southfield Farmington Hills Greenville
MI MI MI NC
Michael A Cox Juandisha M Harris & Heather Donald Stephen M Sylvestri Esq
Michigan Dept of Treasury Mills & Stockbridge PC Ministre Du Revenu Du Quebec Municipality Of Port Hope North Loop Partners Ltd Nossiff & Giampa PC Oakland County Corporation Counsel
Canada Canada
3030 W Grand Blvd Ste 10 200 10 Light St 3800 Marly PO Box 117 PO Box 3449 24 Chestnut St 1200 N Telegraph Rd 320 Robert S Kerr Rm 307
MI MD QC ON TX NH MI
Oklahoma County Treasurer Oneida County SCU PolyOne Corp Prestige Property Tax Special Princeton Properties Qrs 14 Paying Agent Qrs 14 Paying Agent Inc Railroad Drive Lp Receivable Management Services
Phyllis A Hayes
Asst District Attorney 800 Park Ave 4th Fl 33587 Walker Rd 1025 King St East 678 Princeton Blvd Church St Station 50 Rockefeller Lobby 2 100 Vesper Executive Pk 9690 Deereco Rd Ste 200
PO Box 5126
Oklahoma City Utica Avon Lake Cambridge Lowell New York New York Tyngsboro Timonium
OK NY OH ON MA NY NY MA MD
73102 13501 44012 N3H 3P5 01851 10249 10020-1605 01879-2710 21093
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 2 of 4
CREDITOR NAME
ADDRESS1
ADDRESS2
CITY
STATE
ZIP
COUNTRY
Receiver General For Canada Receiver General For Canada Receiver General for Canada Receiver General For Canada Revenue Canada Securities and Exchange Commission Securities and Exchange Commission 875 Heron Rd
Canada Customs & Rev Agency Technology Ctr 875 Heron Rd Industry Canada Als Financial Postal Station D Box 2330 700 Leigh Capreol 11 Station St Ottawa Technology Centre Angela Dodd 175 W Jackson Blvd Ste 900 Midwest Regional Office 175 W Jackson Blvd Ste 900
ON ON QC ON ON IL IL
K1A 1B1 K1P 6K1 H4Y 1G7 K8N 2S3 K1A 9Z9 60604 60604
Shapero & Green LLC Simpson Thacher & Bartlett LLP State Of Alabama State Of Michigan State Of Michigan State Of Michigan State Of Michigan State of Michigan PO Box 30744
Dept Of Commerce & Nat Res Matthew Rick Asst Attorney General State Of Michigan Mc State Secondary Complex
Signature Square II Ste 220 425 Lexington Ave Department Of Revenue PO Box 30004 PO Box 30754 Dept 77833 7150 Harris Dr PO Box 30015 430 W Allegan St
25101 Chagrin Blvd Cleveland New York 50 N Ripley St Montgomery Lansing Lansing Detroit Lansing Lansing
OH NY AL MI MI MI MI MI
Canada PO Box 67
PO Box 100
Canada
Fsia Inc
Randy Lueth
Office of Child Support 211 W Fort St Ste 700 24901 Northwestern Hwy 302 1985 Blvd Se PO Box 1192 21 Albert St 155 S Limerick Rd Cordell Hall 130 Oxford St 2nd Fl 1144 E Market St 126 North Pearl St 8155 TB Blvd 1306 E Triumph Dr 356 Main St 115 West Church St 30 King St East PO Box 520 PO Box 67 315 North Main St 200 E Big Beaver PO Box 33525 7201 W Friendly Ave 942 Brooks Ave 211 W Fort St Ste 2001 3000 University Dr 12341 E 9 Mile Rd 10 Livingston Pl 2nd Fl 205 Millersburg Rd 333 S Tanner One Village Center Dr
Lansing Detroit Southfield Hickory Fresno Trenton Limerick Nashville Ingersoll Akron Pageland Memphis Urbana Farmington Farmville Gananoque Old Fort Pageland Troy Troy Detroit Greensboro Holland
MI MI MI NC CA ON PA TN ON OH SC TN IL NH NC ON NC SC NC MI MI NC MI MI MI MI CT OH IL MI
48909-8244 48226 48075 28602 937151192 K8V 5R1 19468 37247 N5C 2V5 44316-0001 29728 38125 61802 03835 27828-1621 K7G 2T6 28762 29728 27371 48083 48232 27410-6237 49423 48226 48326-2356 48089 06830 44633 61866 48111
State of Michigan Central Functions Unit Stephen E Spence Summit Property Management Inc Tate Boulevard I Llc Tax Collector Tcs Realty Ltd Teleflex Inc Tennessee Department of Revenue The Corporation Of The Town The Goodyear Tire & Rubber Co The Town Of Pageland Thomas & Betts Corp Tom Heck Truck Service Town Of Farmington Town Of Farmville Town Of Gananoque Town Of Old Fort Town Of Pageland Town Of Troy Tr Associates Treasurer City Of Detroit Unifi Inc Uniform Color Co United States Attorney for the Eastern District of Michigan Valeo Inc Vari Form Inc Vespera Lowell Llc Village Of Holmesville Village Of Rantoul
Attn Civil Division Jerry Dittrich Terry Nardone Blue Point Capital Bpv Lowell LLC
Detroit Auburn Hills Warren Greenwichn PO Box 113 Holmesville Rantoul Van Buren Ste PO RFQ Office Township
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
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CREDITOR NAME
ADDRESS1
ADDRESS2
CITY
STATE
ZIP
COUNTRY
W9 Lws Real Estate Limited Wachtell Lipton Rosen & Katz Wellington Green LLC Young & Susser PC
10101 Claude Freeman Dr Ste 200 N 51 W 52nd St 31100 Telegraph Rd Ste 200 26200 American Dr Ste 305
NC NY MI MI
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
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EXHIBIT B
IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al. Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
SOLICITATION PROCEDURES On _________, the Debtors filed their Plan and Disclosure Statement. 1 On _______, the Bankruptcy Court approved the Debtors Disclosure Statement and these Solicitation Procedures for soliciting votes with respect to the Plan. A. The Voting Record Date
The Bankruptcy Court has approved __________, 2007 at 5:00 p.m. prevailing Pacific Time as the record date (the Voting Record Date) for purposes of determining which creditors are entitled to vote on the Plan. B. The Voting Deadline
The Bankruptcy Court has approved __________, 2007 at 5:00 p.m. prevailing Pacific Time as the voting deadline (the Voting Deadline) for delivering Ballots and Master Ballots with respect to the Plan. The Debtors may extend the Voting Deadline without further order of the Court, provided the Debtors shall be documented in the Voting Report (as defined below). To be counted as votes to accept or reject the Plan, all Ballots and Master Ballots must be properly executed, completed and delivered by: (1) first class mail; (2) overnight courier or (3) personal delivery so that they are actually received no later than the Voting Deadline by the Debtors solicitation agent, Kurtzman Carson Consultants LLC (the Solicitation Agent) at the following address (the Solicitation Agents Address):
Any capitalized term used herein, but not defined herein, shall have the meaning assigned to such term in the Motion. A copy of the Motion can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman (the Debtors Website) or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205.
K&E 11354755.10
Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 C. Form, Content and Manner of Notices
1. The Solicitation Documents: The following materials shall constitute the solicitation documents (collectively, the Solicitation Documents): a. b. c. d. the Solicitation Notice; the appropriate Ballot(s) and/or Master Ballot(s) and applicable Voting Instructions; a pre-addressed, postage pre-paid return envelope; the Disclosure Statement, as approved by the Bankruptcy Court (with all appendices thereto, including the Plan), the Plan Supplement and any other supplements or amendments to these documents that may be filed with the Bankruptcy Court;2 the Solicitation Procedures Order; the Solicitation Procedures; any supplemental Solicitation Documents the Debtors may file with the Bankruptcy Court or that the Bankruptcy Court orders to be made available; and A CD-Rom containing the documents listed in (d), (e), (f) and (g).
e. f. g.
h.
2. Distribution of Solicitation Documents: The Debtors will cause to be served on the Core Group (as defined in the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005 [Docket No. 294]) all of the Solicitation Documents (except the Plan Supplement). The Solicitation Notice will instruct the Core Group and the 2002 List that the Plan Supplement can be obtained by accessing the Debtors Website at http://www.kccllc.net/collinsaikman or by requesting a copy of such documents from the Debtors Solicitation Agent by writing to the Solicitation Agents Address or by telephone at (888) 201-2205.
Exhibits A through H to the Plan include, respectively, the Nonexclusive List of Retained Causes of Action, the Terms of Post-Consummation Trust Agreement, the Terms of Litigation Trust Agreement, the Employment and Other Agreements and Plans (that are in effect or will take effect as of the Effective Date), the Schedule of Executory Contracts and Unexpired Leases to Be Assumed and Assigned, the Nonexclusive Schedule of Executory Contracts and Unexpired Leases to Be Rejected, the Terms of Tax Note and the Customer Agreement. The Plan Supplement contains the exhibits to the Plan. Exhibits A and H to the Plan will be filed no later than ten days before the Disclosure Statement Hearing. Exhibits B-F to the Plan will be filed no later than ten days before the Confirmation Hearing.
2
K&E 11354755.10
3. Distribution of Solicitation Documents to Other Parties-in-Interest: The Debtors will cause to be served on the following entities: a. all entities who, on or before the Voting Record Date, have [timely] filed a proof of claim (or an untimely proof of claim that has been allowed as timely by the Court (i) that has not been expunged, disallowed, disqualified or suspended prior to the Voting Record Date and (ii) that is not the subject of a pending objection on the Voting Record Date; all entities listed in the Debtors schedules of assets and liabilities filed with the Bankruptcy Court (the Schedules) as holding a noncontingent, undisputed, liquidated claim as of the Voting Record Date, except to the extent that such claim was paid, expunged, disallowed, disqualified or suspended prior to the Voting Record Date; all entities that hold claims pursuant to an agreement or settlement with the Debtors executed prior to the Voting Record Date, as reflected in a court pleading, stipulation, agreement or other document filed with the Bankruptcy Court, in an order entered by the Bankruptcy Court or in a document executed by the Debtors pursuant to authority granted by the Bankruptcy Court, regardless of whether a proof of claim has been filed; the holder of any Objected-to-Claim (as defined below) that has been temporarily allowed to vote pursuant to a Resolution Event (as defined below) pursuant to the procedures set forth in Section D.5 herein; all entities identified by the Agent in a written list delivered to the Debtors as being holders of a Prepetition Facility Claim as of the Voting Record Date (the Prepetition Claims Holder List);3 with respect to any Beneficial Holder (as defined below), the Debtors will cause to be mailed the Solicitation Documents to the applicable record holders or Nominee,4 as reflected in the relevant records as of the Voting Record Date; the Securities and Exchange Commission; the Internal Revenue Service; and
b.
c.
d.
e.
f.
g. h.
The Prepetition Claims Holder List shall be provided to the Debtors by the Agent no later than two business days following entry of the Order approving the Disclosure Statement. With respect to each entity identified in the Prepetition Claims Holder List, the Agent shall include: (a) the entitys name; (b) the entitys service address; and (c) the amount of the entitys Prepetition Facility Claim. Each claim amount identified therein shall constitute the agreed upon value of each entitys claim for purposes of paragraphs D.1.c and D.2 below. As used herein, Nominee means any broker, dealer, commercial bank, trust company or other nominee through which a certain Beneficial Holder holds the relevant Indentures rather than the Beneficial Holder themself.
3
K&E 11354755.10
i.
all of the Solicitation Documents (except paper copies of the items set forth in (d), (e), (f) and (g) of Section C.1 herein, which documents are included on the CD-Rom, and the Plan Supplement). The Solicitation Notice will additionally instruct these entities that the Solicitation Documents or the CDRom and the Plan Supplement can be obtained by accessing the Debtors Website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to the Solicitation Agents Address or by telephone at (888) 201-2205. 4. Non-Voting Status Notices: Notwithstanding the above, certain creditors whose claims or equity interests are not classified in accordance with section 1123(a)(1) of the Bankruptcy Code or who are not entitled to vote because they are deemed to accept or reject the Plan under sections 1126(f) or (g) of the Bankruptcy Code will receive only the Solicitation Notice and one of the following additional notices: (a) Notice of Non-Voting Status with Respect to Unimpaired Classes Deemed to Accept the Plan and Unclassified Classes; or (b) Notice of Non-Voting Status with Respect to Impaired Classes Deemed to Reject the Plan, as applicable, each substantially in the form attached to the Motion as Exhibit E and Exhibit F, respectively (collectively, the Non-Voting Status Notices). The Solicitation Notice will instruct these creditors and holders of equity interests that copies of the Solicitation Documents can be obtained by accessing the Debtors Website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to the Solicitation Agents Address or by telephone at (888) 201-2205. 5. Retained Causes of Action and Counterparties to Executory Contracts and Unexpired Leases Notices: The parties listed on Exhibit A to the Plan entitled Nonexclusive List of Causes of Action and the counterparties to the Debtors executory contracts and unexpired leases listed on Exhibits E and F5 to the Plan will receive only the Solicitation Notice and one or both of the following additional notices: (a) Notice to Parties to Retained Causes of Action; and/or (b) Notice to Counterparties to Executory Contracts and Unexpired Leases, as applicable, each substantially in the form attached to the Motion as Exhibit G and Exhibit H respectively. If any of these parties also have claims against or equity interests in the Debtors as of the Voting Record Date, such parties shall also receive the Solicitation Documents pursuant to the procedures outlined in Paragraph C.2 above. The Solicitation Notice will instruct these parties that copies of the Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to the Solicitation Agents Address or by telephone at (888) 201-2205. 6. Publication of Solicitation Notice: In addition to the above, the Debtors shall, one time after the Disclosure Statement Hearing, and within ten business days of the Disclosure Statement Hearing, publish the Solicitation Notice in The Wall Street Journal (National Edition) and the Detroit Free Press.
See footnote 2 above for the deadlines by which Exhibits E and F will be filed.
4
K&E 11354755.10
D.
1. Who May Vote: Only the following holders of claims in Classes 3, 4, 5, 6 and 7 shall be entitled to vote with regard to such claims: a. the holders of claims for which proofs of claim have been timely filed, as reflected on the official claims register, as of the close of business on the Voting Record Date, with the exception of those claims subject to a pending objection filed before the Voting Deadline, unless such claims are allowed for voting purposes pursuant to the procedures in Paragraph D.5 herein; provided that, to the extent that the Debtors have reached a settlement on a claim for which a proof of claim has been timely filed, the terms of such settlement shall govern for purposes of determining the holder of the claim and the amount of the claim; the holders of claims that are listed in the Debtors Schedules, with the exception of those claims that are listed on the Schedules as contingent, disputed or unliquidated claims (excluding such claims on the Schedules that have been superseded by a timely-filed proof of claim); and all entities that hold claims pursuant to an agreement or settlement with the Debtors executed prior to the Voting Record Date, as reflected in a court pleading, stipulation, agreement or other document filed with the Bankruptcy Court, in an order entered by the Bankruptcy Court or in a document executed by the Debtors pursuant to authority granted by the Bankruptcy Court, regardless of whether a proof of claim has been filed.
b.
c.
The assignee of a transferred and assigned claim shall be permitted to vote such claim only if the appropriate documentation of such transfer has been noted on the Bankruptcy Courts docket as of the close of business on the Voting Record Date. Only those beneficial owners of the Debtors public Indentures (the Beneficial Holders) as reflected in the records maintained by The Depository Trust Company (DTC) and/or the applicable indenture trustee as of the close of business on the Voting Record Date shall be entitled to vote claims based on such Indentures (the Beneficial Holder Claims). 2. Establishing Claim Amount: In tabulating votes, the following hierarchy shall be used to determine the claim amount associated with the vote of the holder of such claim: a. the claim amount settled or agreed upon by the Debtors prior to the Voting Record Date, as reflected in a court pleading, stipulation, agreement or other document filed with the Bankruptcy Court, in an order entered by the Bankruptcy Court or in a document executed by the Debtors pursuant to authority granted by the Bankruptcy Court, regardless of whether a proof of claim has been filed;
5
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b. c.
the claim amount allowed (temporarily or otherwise) pursuant to the procedures set forth in Paragraph D.5 herein; the claim amount contained on a proof of claim that has been timely filed (or deemed timely filed by the Bankruptcy Court); provided that Ballots cast by creditors whose claims are not listed on the Debtors Schedules, but who timely file proofs of claim in unliquidated or unknown amounts that are not the subject of an objection filed before the Voting Deadline, will count for satisfying the numerosity requirement of section 1126(c) of the Bankruptcy Code and will count as Ballots for claims in the amount of $1.00 solely for purposes of satisfying the dollar amount provisions of section 1126(c); the claim amount listed in the Debtors Schedules, provided that such claim is not scheduled as contingent, or unliquidated and has not been paid; if a claim holder identifies a claim amount on its Ballot that is less than the amount otherwise calculated in accordance with the tabulation procedures, the claim will be temporarily allowed for voting purposes in the lesser amount identified on such Ballot; and in the absence of any of the foregoing, zero.
d. e.
f.
The claim amount established pursuant to this Paragraph D.2 shall control for voting purposes only and shall not constitute the allowed amount of any claim. 3. General Tabulation Procedures: The following voting procedures and standard assumptions shall be used in tabulating ballots: a. Except as otherwise provided herein, unless the Ballot or Master Ballot being furnished is timely submitted on or prior to the Voting Deadline, the Debtors shall reject such Ballot or Master Ballot as invalid and, therefore, decline to count it in connection with confirmation of the Plan. The Solicitation Agent will date and time-stamp all Ballots and Master Ballots when received. In accordance with Local Rule 3018-1, on or before the date of the Confirmation Hearing, the Debtors shall file with the Bankruptcy Court a verified summary of the ballot count in accordance with section 1126(c), (d) of the Bankruptcy Code (the Voting Report). The Voting Report shall detail any defective, irregular or otherwise invalid Ballots and Master Ballots that were waived by the Debtors or were not waived and, therefore, not counted by the Debtors. To relieve the Office of the Clerk of the Court of the heavy administrative burden associated with filing all original ballots with the Bankruptcy Court in accordance with Local Rule 3018-1, the Solicitation Agent will retain an electronic copy of the original Ballots and
b. c.
6
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Master Ballots for a period of one year after the Effective Date of the Plan, unless otherwise ordered by the Bankruptcy Court. d. The method of delivery of Ballots or Master Ballots to be sent to the Solicitation Agent is at the election and risk of each holder of a claim entitled to vote but, except as otherwise provided in the Solicitation Order, such delivery will be deemed made only when the original executed Ballot or Master Ballot is actually received by the Solicitation Agent. An original executed Ballot or Master Ballot is required. Delivery of a Ballot or Master Ballot to the Solicitation Agent by facsimile, email or any other electronic means will not be valid. No Ballot or Master Ballot should be sent to any of the Debtors, their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors and, if so sent, will not be counted. If multiple Ballots or Master Ballots are received from the same holder of a claim with respect to the same claims prior to the Voting Deadline, the last Ballot or Master Ballot timely received will be deemed to reflect that voters intent and will supersede and revoke any prior Ballot or Master Ballot with respect to the same claim. Creditors holding claims in a class that is designated as impaired and entitled to vote under the Plan shall receive only the Ballot appropriate for that impaired class. To avoid duplication and reduce expenses, creditors who have filed duplicate claims in any given class shall be entitled to receive only one Ballot for voting their claims with respect to that class.6 Holders of claims must vote all of their claims within a particular class to either accept or reject the Plan and may not split their vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan (or any portion of a Master Ballot reflecting a Ballot that partially rejects and partially accepts the Plan) will not be counted. If a Ballot or Master Ballot is signed by trustees, executors, administrators, guardians, attorneys-in-fact, officers of corporations or others acting in a fiduciary or representative capacity on holders or Beneficial Holders behalf, such entities must indicate such capacity when signing and, if required or requested by the applicable Nominee or its agent, the Solicitation Agent, the
e.
f.
g.
h.
i.
j.
Attached hereto as Exhibit K is a list of all multi-debtor claims that will receive only one Ballot for their identical claims asserted in the same class of the Plan for purposes of this instruction.
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Debtors or the Bankruptcy Court, must submit proper evidence to the requesting party to so act on behalf of such holder or Beneficial Holder. k. The Debtors, subject to contrary order of the Bankruptcy Court, may waive any defects or irregularities as to any Ballot or Master Ballot at any time, either before or after the close of voting and any such waivers shall be documented in the Voting Report. Neither the Debtors, nor any other entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots and Master Ballots other than as provided in the Voting Report, nor will any of them incur any liability for failure to provide such notification. Unless waived or as ordered by the Bankruptcy Court, any defect or irregularity in connection with the delivery of a Ballot or Master Ballot must be cured prior to the Voting Deadline or such Ballot or Master Ballot will not be counted. If a designation of lack of good faith is requested by a party-in-interest under section 1126(e) of the Bankruptcy Code, such vote will be counted by the Debtors unless otherwise ordered by the Bankruptcy Court in accordance with section 1126(e). Subject to any contrary order of the Bankruptcy Court, the Debtors reserve the right to reject any Ballot or Master Ballot not in proper form, the acceptance of which, in the opinion of the Debtors, would not be in accordance with the provisions of the Bankruptcy Code or the Bankruptcy Rules and any such rejection will be documented in the Voting Report. If a claim is listed in the Schedules as being a non-priority claim (or is not listed in the Schedules) and a proof of claim is filed as a priority claim (in whole or in part), such claim will be temporarily allowed for voting purposes as a non-priority claim in an amount that such claim would have been so allowed in accordance with the other tabulation procedures had such proof of claim been filed as a non-priority claim. If a claim is listed in the Schedules as being an unsecured claim (or is not listed in the Schedules) and a proof of claim is filed as a secured claim (in whole or in part), such claim will be temporarily allowed for voting purposes as an unsecured claim in an amount that such claim would have been so allowed in accordance with the other tabulation procedures had such proof of claim being filed as an unsecured claim. If a claim has been allowed for voting purposes by order of the Bankruptcy Court, such claim shall be temporarily allowed for voting purposes only and not for purposes of allowance or distribution. 8
K&E 11354755.10
l.
m.
n.
o.
p.
q.
r.
s. t.
If an objection to a claim is filed, such claim shall be treated in accordance with the procedures set forth in Paragraph D.5 herein. The following Ballots and Master Ballots shall not be counted in determining the acceptance or rejection of the Plan: (i) any Ballot or Master Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (ii) any Ballot or Master Ballot cast by an entity that does not hold a claim in a class that is entitled to vote on the Plan; (iii) any Ballot or Master Ballot cast for a claim scheduled as contingent, unliquidated or disputed for which no proof of claim was timely filed; and (iv) any unsigned Ballot or Master Ballot.
4. Voting Procedures for Beneficial Holder Claims: In addition to the General Tabulation Procedures, the following additional procedures shall apply to Beneficial Holders Claims (each a Beneficial Holder Claim): a. The Debtors shall cause to be served the appropriate number of copies of Ballots to each Beneficial Holder holding a claim as of the Voting Record Date, including Nominees identified by the Solicitation Agent as entities through which Beneficial Holders hold their claims relating to Indentures. Any Nominee that is a holder of record with respect to Indentures shall vote on behalf of Beneficial Holders of such Indentures by (i) immediately distributing the Solicitation Documents, including Ballots it receives from the Solicitation Agent to all such Beneficial Holders, (ii) promptly collecting Ballots from such Beneficial Holders that cast votes on the Plan, (iii) compiling and validating the votes and other relevant information of all such Beneficial Holders on the Master Ballot and (iv) transmitting the Master Ballot to the Solicitation Agent by the Voting Deadline. Any Beneficial Holder holding Indentures as a record holder in its own name should vote on the Plan by completing and signing a Ballot and returning it directly to the Solicitation Agent on or before the Voting Deadline. Any trustee (unless otherwise empowered to do so) will not be entitled to vote on behalf of the holders of Beneficial Holder Claims; rather, each such holder of a Beneficial Holder Claims must submit his or her own Ballot. Any Beneficial Holder holding Indentures in street name through a Nominee must vote on the Plan through such Nominee by completing and signing the Ballot and returning such Ballot to the appropriate Nominee as promptly as possible and in sufficient time to allow such Nominee to process the Ballot and return the Master Ballot to the Solicitation Agent prior to the Voting Deadline. Any Beneficial Holder holding Indentures in street name who submits a Ballot to the Solicitation Agent will not be counted.
b.
c.
d.
e.
9
K&E 11354755.10
f.
Any Ballot returned to a Nominee by a Beneficial Holder will not be counted for purposes of accepting or rejecting the Plan until such Nominee properly completes and delivers to the Solicitation Agent a Master Ballot that reflects the vote of such Beneficial Holder by the Voting Deadline. Nominees shall retain all Ballots returned by Beneficial Holders for a period of one year after the Effective Date of the Plan. If a Beneficial Holder holds Indentures through more than one Nominee or through multiple accounts, such Beneficial Holder may receive more than one Ballot and each such Beneficial Holder should execute a separate Ballot for each block of Indentures that it holds through any Nominee and must return each such Ballot to the appropriate Nominee. If a Beneficial Holder holds a portion of its Indentures through a Nominee or Nominees and another portion in its own name as the record holder, such Beneficial Holder should follow the procedures described in Paragraph D.4.b.iii herein to vote the portion held in its own name and the procedures described in the rest of this Paragraph D.4.b herein to vote the portion held by all Nominees.
g. h.
i.
5. Temporary Allowance of Claims for Voting Purposes: If an objection to a claim is pending on the Voting Record Date, the holder of such claim shall receive a copy of the Solicitation Notice and a Notice of Non-Voting Status with Respect to Objected-to-Claims (the Objected-to-Claim Notice), substantially in the form attached as Exhibit I to the Motion, in lieu of a Ballot. The Objected-to-Claim Notice shall inform such holder that: (a) an objection to its claim (each, a Objected-to-Claim) is pending; and (b) the holder cannot vote absent one of the following taking place prior to the Voting Deadline: (i) an order is entered by the Bankruptcy Court, after notice and a hearing, temporarily allowing such Objected-to-Claim for voting purposes only pursuant to Bankruptcy Rule 3018(a); (ii) a stipulation or other agreement is executed between the holder of the Objected-to-Claim and the Debtors temporarily allowing the holder of the Objected-to-Claim to vote its Objected-to-Claim in an agreed upon amount; or (iii) the pending objection to the Objected-to-Claim is voluntarily withdrawn by the Debtors or overruled by the Bankruptcy Court (each, a Resolution Event). No later than two business days after a Resolution Event, the Solicitation Agent shall distribute a Ballot and a pre-addressed, postage prepaid envelope to the relevant holder of the Objected-to-Claim, which must be returned to the Solicitation Agent by no later than the Voting Deadline. If an objection to a claim is filed by the Debtors after the Voting Record Date, the Ballot of the holder of such Objected-to-Claim will not be counted absent a Resolution Event taking place on or before the Confirmation Hearing. E. Settlement, Third Party Release, Exculpation and Injunction Language in Plan
THE SETTLEMENT, THIRD PARTY RELEASE, EXCULPATION AND INJUNCTION LANGUAGE IN ARTICLE XII OF THE PLAN WILL BE INCLUDED IN THE SOLICITATION NOTICE. THE BALLOTS WILL STATE THAT A VOTE TO ACCEPT 10
K&E 11354755.10
THE PLAN IS A VOTE TO ACCEPT THE RELEASE, INJUNCTION AND EXCULPATION PROVISIONS IN ARTICLE XII OF THE PLAN.
11
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EXHIBIT C-1
K&E 11546325.2
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
BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 3 PREPETITION FACILITY CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE THAT IS ADDRESSED TO KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT). THIS BALLOT MUST 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. 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 11546325.2
RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF YOUR BALLOT IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE.
K&E 11546325.2
This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Debtors Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that you are a Holder of a Class 3 Prepetition Facility Claim as of __________, 2007 (the Voting Record Date), and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 3 Prepetition Facility Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 3 Prepetition Facility Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of Prepetition Facility Claims in Class 3 Prepetition Facility Claim Vote
K&E 11546325.2
PART I
This Ballot is to be used by the Holders of Class 3 Prepetition Facility Claims. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Holder of a Prepetition Facility Claim is required to cast the same vote on every Ballot completed by such Holder with respect to such Prepetition Facility Claim; (ii) Only the latest dated Ballot cast prior to the Voting Deadline with respect to the Prepetition Facility Claim identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such Prepetition Facility Claim, such other Ballots are deemed revoked; (iv) (a) The Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) All authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Holder of the Prepetition Facility Claim identified in Item 2 certifies that: (i) As of the Voting Record Date, __________, 2007, either (a) such entity is the Holder of the Prepetition Facility Claim in the aggregate amount indicated in Item 2 or (b) such entity is an authorized signatory for some entity that is the Holder of the Prepetition Facility Claim in the aggregate amount indicated in Item 2; (ii) Such entity (or in the case of an authorized signatory, the Holder) is eligible to be treated as the Holder of such Prepetition Facility Claim in Item 2 for the purposes of voting on the Plan; and (iii) Such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
K&E 11546325.2
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Holder of a Class 3 Prepetition Facility Claim in the amount of $__________.__.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 3 PREPETITION FACILITY CLAIMS VOTING TO ACCEPT THE PLAN.
The Holder of the Class 3 Prepetition Facility Claim set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
Dated: ____________________ Name of Holder: Signature: By (if not Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases.
K&E 11546325.2
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M.
K&E 11546325.2
VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of holders of Class 3 Prepetition Facility Claims with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; and (c) sign and return the Ballot in the enclosed pre-addressed, postage pre-paid envelope so that it is ACTUALLY RECEIVED by the Solicitation Agent by the Voting Deadline, __________, 2007, by 5:00 p.m. prevailing Pacific Time. If a Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Ballot to the Solicitation Agent is at the election and risk of each entity. Except as otherwise provided herein, such delivery will be deemed made only when the original executed Ballot is ACTUALLY RECEIVED by the Solicitation Agent. Sufficient time should be allowed to assure timely delivery. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted. If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received.
2.
3.
4.
5.
6.
K&E 11546325.2
7. 8. 9.
The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot. Please be sure to sign and date your Ballot. If you are signing the Ballot as a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation, or others acting in a fiduciary or representative capacity, you must indicate such capacity when signing and, if required or requested by the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence satisfactory to the requesting party to so act on behalf of the Holder of the Claim. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots, nor will any of them incur any liability for failure to provide such notification. PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205
10.
11.
12. 13.
NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM 2
K&E 11546325.2
WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
3
K&E 11546325.2
EXHIBIT C-2
K&E 11546367.2
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
BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 4 OEM CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE THAT IS ADDRESSED TO KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT). THIS BALLOT MUST 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. 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 11546367.2
RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF YOUR BALLOT IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE.
K&E 11546367.2
This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Debtors Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that you are a Holder of a Class 4 OEM Claim as of __________, 2007 (the Voting Record Date), and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 4 OEM Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 4 OEM Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of OEM Claims in Class 4 OEM Claim Vote
K&E 11546367.2
PART I
This Ballot is to be used by the Holders of Class 4 OEM Claims. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Holder of a OEM Claim is required to cast the same vote on every Ballot completed by such Holder with respect to such OEM Claim; (ii) Only the latest dated Ballot cast prior to the Voting Deadline with respect to the OEM Claim identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such OEM Claim, such other Ballots are deemed revoked; (iv) (a) The Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) All authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Holder of the OEM Claim identified in Item 2 certifies that: (i) As of the Voting Record Date, __________, 2007, either (a) such entity is the Holder of the OEM Claim in the aggregate amount indicated in Item 2 or (b) such entity is an authorized signatory for some entity that is the Holder of the OEM Claim in the aggregate amount indicated in Item 2; (ii) Such entity (or in the case of an authorized signatory, the Holder) is eligible to be treated as the Holder of such OEM Claim in Item 2 for the purposes of voting on the Plan; and (iii) Such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
K&E 11546367.2
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Holder of a Class 4 OEM Claim in the amount of $__________.__.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 4 OEM CLAIMS VOTING TO ACCEPT THE PLAN.
The Holder of the Class 4 OEM Claim set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
Dated: ____________________ Name of Holder: Signature: By (if not Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases.
K&E 11546367.2
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M.
K&E 11546367.2
VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of holders of Class 4 OEM Claims with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; and (c) sign and return the Ballot in the enclosed pre-addressed, postage pre-paid envelope so that it is ACTUALLY RECEIVED by the Solicitation Agent by the Voting Deadline, __________, 2007, by 5:00 p.m. prevailing Pacific Time. If a Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Ballot to the Solicitation Agent is at the election and risk of each entity. Except as otherwise provided herein, such delivery will be deemed made only when the original executed Ballot is ACTUALLY RECEIVED by the Solicitation Agent. Sufficient time should be allowed to assure timely delivery. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted. If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received.
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K&E 11546367.2
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The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot. Please be sure to sign and date your Ballot. If you are signing the Ballot as a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation, or others acting in a fiduciary or representative capacity, you must indicate such capacity when signing and, if required or requested by the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence satisfactory to the requesting party to so act on behalf of the Holder of the Claim. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots, nor will any of them incur any liability for failure to provide such notification. PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205
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NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM 2
K&E 11546367.2
WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
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K&E 11546367.2
EXHIBIT C-3
K&E 11354756.6
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
BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 5 GENERAL UNSECURED CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE THAT IS ADDRESSED TO KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT). THIS BALLOT MUST 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. 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 11354756.6
RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF YOUR BALLOT IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE.
K&E 11354756.6
This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Debtors Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that you are a Holder of a Class 5 General Unsecured Claim as of __________, 2007 (the Voting Record Date), and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 5 General Unsecured Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 5 General Unsecured Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of General Unsecured Claims in Class 5 General Unsecured Claim Vote
K&E 11354756.6
PART I
This Ballot is to be used by the Holders of Class 5 General Unsecured Claims. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Holder of a General Unsecured Claim is required to cast the same vote on every Ballot completed by such Holder with respect to such General Unsecured Claim; (ii) Only the latest dated Ballot cast prior to the Voting Deadline with respect to the General Unsecured Claim identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such General Unsecured Claim, such other Ballots are deemed revoked; (iv) (a) The Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) All authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Holder of the General Unsecured Claim identified in Item 2 certifies that: (i) As of the Voting Record Date, __________, 2007, either (a) such entity is the Holder of the General Unsecured Claim in the aggregate amount indicated in Item 2 or (b) such entity is an authorized signatory for some entity that is the Holder of the General Unsecured Claim in the aggregate amount indicated in Item 2; (ii) Such entity (or in the case of an authorized signatory, the Holder) is eligible to be treated as the Holder of such General Unsecured Claim in Item 2 for the purposes of voting on the Plan; and (iii) Such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
K&E 11354756.6
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Holder of a Class 5 General Unsecured Claim in the amount of $__________.__.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 5 GENERAL UNSECURED CLAIMS VOTING TO ACCEPT THE PLAN.
The Holder of the Class 5 General Unsecured Claim set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
Dated: ____________________ Name of Holder: Signature: By (if not Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases.
K&E 11354756.6
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M.
K&E 11354756.6
VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of holders of Class 5 General Unsecured Claims with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; and (c) sign and return the Ballot in the enclosed pre-addressed, postage pre-paid envelope so that it is ACTUALLY RECEIVED by the Solicitation Agent by the Voting Deadline, __________, 2007, by 5:00 p.m. prevailing Pacific Time. If a Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Ballot to the Solicitation Agent is at the election and risk of each entity. Except as otherwise provided herein, such delivery will be deemed made only when the original executed Ballot is ACTUALLY RECEIVED by the Solicitation Agent. Sufficient time should be allowed to assure timely delivery. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted. If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received.
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7. 8. 9.
The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot. Please be sure to sign and date your Ballot. If you are signing the Ballot as a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation, or others acting in a fiduciary or representative capacity, you must indicate such capacity when signing and, if required or requested by the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence satisfactory to the requesting party to so act on behalf of the Holder of the Claim. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots, nor will any of them incur any liability for failure to provide such notification. PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205
10.
11.
12. 13.
NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM 2
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WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
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EXHIBIT C-4
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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
BENEFICIAL HOLDER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 6 SENIOR NOTE CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
UPON COMPLETION, THIS BALLOT SHOULD BE RETURNED TO EITHER YOUR NOMINEE OR THE DEBTORS SOLICITATION AGENT, KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT), AS DIRECTED. IF YOU ARE DIRECTED TO RETURN THE BALLOT TO YOUR NOMINEE, YOUR
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.
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NOMINEE (ON YOUR BEHALF) WILL TRANSMIT YOUR VOTE TO THE SOLICITATION AGENT ON A MASTER BALLOT. THIS BALLOT (OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE) MUST BE RECEIVED BY THE SOLICITATION AGENT BY 5:00 P.M. PREVAILING PACIFIC TIME ON OR BEFORE __________, 2007 (THE VOTING DEADLINE). IF YOUR BALLOT OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT (OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE) AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE. PLEASE ENSURE THAT YOUR NOMINEE RECEIVES YOUR BALLOT IN SUFFICIENT TIME TO TRANSMIT YOUR VOTE TO THE SOLICITATION AGENT PRIOR TO THE VOTING DEADLINE.
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This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that as of __________, 2007 (the Voting Record Date), you are a beneficial owner (Beneficial Holder) of the Senior Notes,2 and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 6 Senior Note Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 6 Senior Note Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. Item 4. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of Senior Note Claims in Class 6 Senior Note Claim Vote Certification of Senior Notes held in Additional Accounts
Senior Notes means those certain 10-3/4% unsecured senior notes due 2011 issued pursuant to that certain indenture, dated as of August 26, 2004, by and among Collins & Aikman Products Co., as issuer, substantially all of the domestic direct and indirect subsidiaries of Collins & Aikman Corporation, as guarantors, and BNY Midwest Trust Company, as indenture trustee, as the same may have been subsequently modified, amended or supplemented, together with all instruments and agreements related thereto.
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PART I
This Ballot is to be used by the Beneficial Holder of Senior Notes Class 6 under the Plan. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Beneficial Holder of Senior Notes is required to cast the same vote on every Ballot completed by such Holder with respect to such Senior Notes; (ii) only the latest dated Ballot cast prior to the Voting Deadline with respect to the Senior Notes identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such Senior Notes, such other Ballots are deemed revoked; (iv) (a) the Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) all authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Beneficial Holder of the Senior Notes identified in Item 2: (i) authorizes and instructs its Nominee (a) to furnish the voting information and amount of the Senior Notes the Nominee holds on its behalf in a master ballot (the Master Ballot) transmitted to the Solicitation Agent, (b) to retain this Ballot and related information in its records for one year after the Voting Deadline and (c) to provide a copy of this Ballot to the Solicitation Agent; (ii) certifies that such entity (a) owned the Senior Notes as of the Voting Record Date, and (b) has full power and authority to vote to accept or reject the Plan with respect to the Senior Notes identified in Item 2;
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(iii) agrees to provide proof of its authority to vote this Ballot if required or requested by the Nominee, its agent, the Solicitation Agent, the Debtors or the Bankruptcy Court. (iv) certifies that such entity is the Beneficial Holder of the Senior Notes to which this Ballot pertains or is authorized to execute this Ballot for such Beneficial Holder; and (iii) certifies that such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Beneficial Holder (or authorized signatory for a Beneficial Holder) of Senior Notes in the amount of $__________.__ (insert face amount) as of the Voting Record Date.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 6 SENIOR NOTE CLAIMS VOTING TO ACCEPT THE PLAN.
The Beneficial Holder of the Senior Notes set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
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Item 4.
By returning the Ballot, the Beneficial Holder certifies that either (a) it has not submitted any other Ballot for Senior Notes held in other accounts or other record names or (b) it has provided the information specified in the following table for all other Senior Notes for which it has submitted additional Ballots (please use additional sheets if necessary): Name of Holder3 1. 2. 3. 4. 5. TOTAL: Account Number $ $ $ $ $ $ Principal Amount Other Class 6 Senior Notes Voted4
Dated: ____________________
Name of Beneficial Holder: Signature: By (if not Beneficial Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases
3 Insert name of broker or bank for the other Senior Notes. 4 Insert name of Senior Notes or CUSIP Number.
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PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M. PREVAILING PACIFIC TIME, OR YOUR VOTE WILL NOT BE COUNTED.
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VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of Beneficial Holders of Senior Notes with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) insert the principal amount of your Senior Notes in Item 2; (c) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; (d) fill in the requested information in Item 4 of the Ballot if applicable; and (d) sign and return the Ballot as directed by your Nominee so that your Nominee can cast a Master Ballot on your behalf by the Voting Deadline or if you are the record holder of such Senior Notes in Item 1, you can return the Ballot by the Voting Deadline in the pre-addressed, postage pre-paid envelope to the Solicitation Agent. Your Ballot, or the Master Ballot cast by your Nominee on your behalf, must be ACTUALLY RECEIVED by the Solicitation Agent no later than the Voting Deadline. If you are returning your Ballot to your Nominee, please allow your Nominee enough time to transmit the Master Ballot prior to the Voting Deadline. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means to the Solicitation Agent will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted.
2.
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5.
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6.
If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received. The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots and Master Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot or Master Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot or Master Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot or Master Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot or Master Ballot. Please be sure to sign and date your Ballot. If a Ballot or Master Ballot is signed by trustees, executors, administrators, guardians, attorneys-in-fact, officers of corporations, or others acting in a fiduciary or representative capacity on Holders or Beneficial Holders behalf, such persons must indicate such capacity when signing and, if required or requested by the by the applicable Nominee or its agent, the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence to the requesting party to so act on behalf of such Holder or Beneficial Holder. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent or your Nominee immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot or Master Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots other than as provided in the Voting Report, nor will any of them incur any liability for failure to provide such notification.
7. 8. 9.
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12. 13.
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PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205 OR CONTACT YOUR NOMINEE. NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
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EXHIBIT C-5
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
MASTER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 6 SENIOR NOTE CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT.
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. 0555977; 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. 0555962; and Wickes Manufacturing Company, Case No. 05-55968.
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PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN. THIS MASTER BALLOT MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF THIS MASTER BALLOT IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH MASTER BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON ALL HOLDERS WHETHER OR NOT SUCH HOLDERS VOTE. This Master Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Master Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Related Relief Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Master Ballot is being sent to brokers, dealers, commercial banks, trust companies and other nominees (each a Nominee) of beneficial owners (Beneficial Holder) of the Senior Notes2 and is to be used by the Nominee to submit the votes cast by Beneficial Holders to accept or reject the Debtors Plan on behalf of and in accordance with the Ballots cast by the Beneficial Holders of Senior Notes holding Claims in Class 6 through such Nominee. To have the votes of your Beneficial Holders count, you must complete and return this Master Ballot in accordance with the voting instructions attached hereto. The Disclosure Statement, Plan, Solicitation Procedures Order and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Master Ballot in error, please contact the Solicitation Agent at the address or telephone number above.
Senior Notes means those certain 10-3/4% unsecured senior notes due 2011 issued pursuant to that certain indenture, dated as of August 26, 2004, by and among Collins & Aikman Products Co., as issuer, substantially all of the domestic direct and indirect subsidiaries of Collins & Aikman Corporation, as guarantors, and BNY Midwest Trust Company, as indenture trustee, as the same may have been subsequently modified, amended or supplemented, together with all instruments and agreements related thereto.
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PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE MASTER BALLOT CAREFULLY. PLEASE COMPLETE, SIGN AND DATE THIS MASTER BALLOT AND RETURN BY (A) FIRST CLASS MAIL, (B) OVERNIGHT COURIER OR (C) PERSONAL DELIVERY SO THAT IT IS ACTUALLY RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME AT THE ADDRESS LISTED BELOW OR THE VOTES CONTAINED IN THE MASTER BALLOT WILL NOT BE COUNTED. THE SOLICITATION AGENT WILL NOT COUNT BALLOTS RECEIVED BY FACSIMILE TRANSMISSION OR OTHER ELECTRONIC MEANS. Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 Item 1. Certification of Authority to Vote
The undersigned certifies that as of the Voting Record Date, __________, ____, the undersigned (please check the appropriate box): is a broker, bank or other Nominee that is the direct DTC participant for the Beneficial Holders of the aggregate principal amount of the Senior Notes listed in Item 2 below, and is the registered holder of such securities, or is acting under a power of attorney and/or agency granted by a direct DTC participant (a copy of which will be provided upon request) that is the registered holder of the aggregate principal amount of the Senior Notes listed in Item 2 below, and accordingly, has full power and authority to transmit votes on the Plan on behalf of the Beneficial Holder of the Senior Notes described in Item 3. Item 2. Certifications
By signing this Master Ballot, the undersigned certifies to the Bankruptcy Court and the Debtors: (i) that (a) it has received the Solicitation Documents it was required to receive pursuant to the Solicitation Procedures Order and has delivered the same to the Beneficial Holders of the Senior Notes, (b) it has received a completed and signed Ballot from each Beneficial Holder listed in Item 2 below and (c) it is the registered holder or agent of a registered holder of the Senior Notes being voted; (ii) that it has properly disclosed (a) the respective amounts and issues of the Senior Notes owned, as the case may be, by each such Beneficial Holder, (b) each such Beneficial Holders respective vote to accept or reject the Plan and (c) the customer account or other identification number for each such Beneficial Holder.
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(iii) that it will maintain the original Ballots returned by Beneficial Holder (whether properly completed or defective) for disclosure to the Bankruptcy Court or the Debtors for one year after the Effective Date of the Plan. Item 3 & 4. Class 6 Vote - Number of Holders of Class 6 Claims
The undersigned certifies that the following Beneficial Holders of Class 6 Claims, as identified by their respective customer account numbers or the respective sequence numbers set forth below, were the Beneficial Holders of such Senior Notes on the Voting Record Date, __________, ____, and have delivered to the undersigned Ballots casting votes on the Plan (indicate the aggregate amount for each respective account under the appropriate column, please use additional sheets of paper if necessary):
Your Customer Account No. and/or Customer Name for Each Beneficial Holder 1. 2. 3. 4. 5.
Item 5.
Transcription
The undersigned certifies that, according to its records, it has transcribed in the following table the information, if any, provided by the Beneficial Holders in Item 4 of the Beneficial Holder Ballots identifying any Senior notes for which such Beneficial Holder has submitted other Ballots:
Your Customer Account No. and/or Customer Name for Each Beneficial Holder completing Item 4 on Beneficial Holder Ballot 1. 2. 3. 4. 5. Transcribe from Item 4 of the Beneficial Holder Ballot
Account Number
Principal Amount $ $ $ $ $ $
4
K&E 11354758.9
Dated:
Name of Broker, Bank or other Nominee: Name of Proxy Holder or Agent for Broker Bank or other Nominee (if applicable): Participant No.: Signature: By (if appropriate): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code: PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS MASTER BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007, BY 5:00 P.M.
PREVAILING PACIFIC TIME, OR THE VOTES IN YOUR MASTER BALLOT WILL NOT BE COUNTED.
5
K&E 11354758.9
VOTING INSTRUCTIONS 1. The Master Ballot is to be used by brokerage firms, banks, or other institutions as Nominee for Beneficial Holders of Senior Notes. The Master Ballot summarizes votes cast by Beneficial Holder to accept or reject the Plan referred to in the Disclosure Statement. The Disclosure Statement, Plan, Solicitation Procedures Order, and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Master Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. You should have already delivered the Solicitation Documents that you received from the Debtors Solicitation Agent to each Beneficial Holder of Senior Notes in Class 6 and taken any action required to enable each such Beneficial Holder to timely vote their Claims in Class 6 held by such Beneficial Holder. To ensure that the Beneficial Holders votes that you receive are counted, you must, by the Voting Deadline, (a) transfer the requested information from each such Ballot onto the attached Master Ballot and execute the Master Ballot; and (b) deliver such Master Ballot to the Solicitation Agent. Except as otherwise provided herein, delivery will be deemed made only when the original executed Master Ballot is ACTUALLY RECEIVED by the Solicitation Agent no later than 5:00 P.M. prevailing Pacific Time on __________, 2007 (the Voting Deadline). Pursuant to the Solicitation Procedures Order, keep the original Ballots received from Beneficial Holders for one year after the Effective Date of the Plan (or such other date as is set by subsequent Bankruptcy Court order). You may be ordered to produce the original Ballots to the Debtors or the Bankruptcy Court. To properly complete the Master Ballot, take the following steps: a. Provide appropriate information for each of the items on the Master Ballot. Please note that Items, 3, 4, and 5 request information for each individual Beneficial Holder for whom you hold Class 6 Claims in your name. To identify such Beneficial Holders, please use the customer name and/or account number assigned by you to each such Beneficial Holder. Sign and date your Master Ballot. If you are completing the Master Ballot on behalf of an entity, indicate your relationship with such entity and the capacity in which you are signing.
2.
3.
4.
5.
b. c.
K&E 11354758.9
d. e. f.
Provide your name and other requested information. Deliver the Master Ballot to the Solicitation Agent prior to the Voting Deadline. If you are both the registered holder and the Beneficial Holder of any of the Class 6 Claims and you wish to vote such Class 6 Claims, you should return a Ballot to the Solicitation Agent by the Voting Deadline.
6.
If a Master Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Master Ballot to the Solicitation Agent is at the election and risk of each entity. Instead of effecting delivery by mail, it is recommended, though not required, that such entities use an overnight or personal delivery service. In all cases, sufficient time should be allowed to assure timely delivery. Delivery of a Master Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. No Master Ballot should be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. The Master Ballot is not a letter of transmittal and may not be used for any purpose other than to transmit votes to accept or reject the Plan. Beneficial Holders should not surrender their Senior Notes as this time. The Solicitation Agent will not accept delivery of any Senior Notes transmitted with a Master Ballot. The remittance of instruments or other evidence of claims for exchange pursuant to the Plan may only be made by you and will only be accepted if instruments or certificates representing your Claims (in proper form for transfer) are delivered together with a letter of transmittal that will be furnished to you as provided under the Plan or as notified following Confirmation of the Plan by the Bankruptcy Court. If multiple Ballots are received with respect to the same Claims prior to the Voting Deadline, the last Ballot or Master Ballot timely received will be deemed to reflect that voters intent and will supersede and revoke any prior a Ballot or Master Ballot. This Master Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots and Master Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot or Master Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot or Master Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot or Master Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot or Master Ballot.
7.
8.
9.
10. 11.
2
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12.
A creditor must vote all of his/her claims within a particular Plan Class either to accept or reject the Plan and may not split his/her vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot or Master Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots other than as provided in the Voting Report, nor will any of them incur any liability for failure to provide such notification. If you believe you have received the wrong Ballot(s) or Master Ballot, please contact the Solicitation Agent immediately. Other than reimbursement by the Debtors for the reasonable, actual and necessary administrative costs incurred by Nominees arising directly from the distribution of Solicitation Documents to the Beneficial Holders of the Senior Notes, no fees or commissions or other remuneration will be payable to any broker, dealer or other person for soliciting Ballots accepting the Plan. PLEASE DELIVER YOUR MASTER BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS MASTER BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205 OR CONTACT YOUR NOMINEE.
13.
14. 15.
NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
3
K&E 11354758.9
EXHIBIT C-6
K&E 11546388.3
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
BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 6 PBGC CLAIM PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE THAT IS ADDRESSED TO KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT). THIS BALLOT MUST 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. 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 11546388.3
RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007, BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF YOUR BALLOT IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE.
K&E 11546388.3
This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Debtors Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that you are a Holder of a Class 6 PBGC Claim as of __________, 2007 (the Voting Record Date), and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 6 Senior Notes and PBGC Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 6 Senior Notes and PBGC Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of PBGC Claim in Class 6 PBGC Claim Vote
K&E 11546388.3
PART I
This Ballot is to be used by the Holders of Class 6 Senior Notes and PBGC Claims. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Holder of a PBGC Claim is required to cast the same vote on every Ballot completed by such Holder with respect to such PBGC Claim; (ii) Only the latest dated Ballot cast prior to the Voting Deadline with respect to the PBGC Claim identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such PBGC Claim, such other Ballots are deemed revoked; (iv) (a) The Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) All authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Holder of the PBGC Claim identified in Item 2 certifies that: (i) As of the Voting Record Date, __________, 2007, either (a) such entity is the Holder of the PBGC Claim in the aggregate amount indicated in Item 2 or (b) such entity is an authorized signatory for some entity that is the Holder of the PBGC Claim in the aggregate amount indicated in Item 2; (ii) Such entity (or in the case of an authorized signatory, the Holder) is eligible to be treated as the Holder of such PBGC Claim in Item 2 for the purposes of voting on the Plan; and (iii) Such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
K&E 11546388.3
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Holder of a Class 6 PBGC Claim in the amount of $__________.__.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 6 SENIOR NOTES AND PBGC CLAIMS VOTING TO ACCEPT THE PLAN.
The Holder of the Class 6 PBGC Claim set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
Dated: ____________________ Name of Holder: Signature: By (if not Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases.
K&E 11546388.3
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M.
K&E 11546388.3
VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of holders of Class 6 Senior Notes and PBGC Claims with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; and (c) sign and return the Ballot in the enclosed pre-addressed, postage pre-paid envelope so that it is ACTUALLY RECEIVED by the Solicitation Agent by the Voting Deadline, __________, 2007, by 5:00 p.m. prevailing Pacific Time. If a Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Ballot to the Solicitation Agent is at the election and risk of each entity. Except as otherwise provided herein, such delivery will be deemed made only when the original executed Ballot is ACTUALLY RECEIVED by the Solicitation Agent. Sufficient time should be allowed to assure timely delivery. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted.
2.
3.
4.
5.
K&E 11546388.3
6.
If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received. The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot. Please be sure to sign and date your Ballot. If you are signing the Ballot as a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation, or others acting in a fiduciary or representative capacity, you must indicate such capacity when signing and, if required or requested by the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence satisfactory to the requesting party to so act on behalf of the Holder of the Claim. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots, nor will any of them incur any liability for failure to provide such notification. PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205
7. 8. 9.
10.
11.
12. 13.
2
K&E 11546388.3
NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
3
K&E 11546388.3
EXHIBIT C-7
K&E 11546409.3
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
BENEFICIAL HOLDER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 7 SENIOR SUBORDINATED NOTE CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
UPON COMPLETION, THIS BALLOT SHOULD BE RETURNED TO EITHER YOUR NOMINEE OR THE DEBTORS SOLICITATION AGENT, KURTZMAN CARSON CONSULTANTS LLC (THE SOLICITATION AGENT), AS DIRECTED. IF YOU ARE DIRECTED TO RETURN THE BALLOT TO YOUR NOMINEE, YOUR
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 11546409.3
NOMINEE (ON YOUR BEHALF) WILL TRANSMIT YOUR VOTE TO THE SOLICITATION AGENT ON A MASTER BALLOT. THIS BALLOT (OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE) MUST BE RECEIVED BY THE SOLICITATION AGENT BY 5:00 P.M. PREVAILING PACIFIC TIME ON OR BEFORE __________, 2007 (THE VOTING DEADLINE). IF YOUR BALLOT OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE IS NOT RECEIVED BY THE VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH BALLOT (OR THE MASTER BALLOT CAST ON YOUR BEHALF BY YOUR NOMINEE) AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON YOU WHETHER OR NOT YOU VOTE. PLEASE ENSURE THAT YOUR NOMINEE RECEIVES YOUR BALLOT IN SUFFICIENT TIME TO TRANSMIT YOUR VOTE TO THE SOLICITATION AGENT PRIOR TO THE VOTING DEADLINE.
K&E 11546409.3
This Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries (the Plan). All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving the Debtors Disclosure Statement and Related Relief Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Ballot is being sent to you because our records indicate that as of __________, 2007 (the Voting Record Date), you are a beneficial owner (Beneficial Holder) of the Senior Subordinated Notes,2 and, accordingly, you have a right to vote to accept or reject the Debtors Plan. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Ballot in error, please contact the Solicitation Agent at the address or telephone number above. You should carefully and thoroughly review the Disclosure Statement and the Plan before you vote. You may wish to seek legal advice concerning the Plan and classification and treatment of your Claim under the Plan. Your Claim has been placed in Class 7 Senior Subordinated Note Claims under the Plan. If you hold Claims in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote. You should return all Ballots for each Class in which you are entitled to vote. All persons or entities receiving a Ballot with respect to Class 7 Senior Subordinated Note Claims should return a completed Ballot in accordance with the instructions set forth therein. This Ballot is divided into two parts: PART I PART II Item 1. Item 2. Item 3. Item 4. WHO SHOULD USE THIS BALLOT AND HOW TO USE THIS BALLOT ITEMS ON THE BALLOT Disclosures and Certifications Amount of Senior Subordinated Note Claims in Class 7 Senior Subordinated Note Claim Vote Certification of Senior Subordinated Notes held in Additional Accounts
Senior Subordinated Notes means those certain 12-7/8% senior subordinated notes due August 15, 2012, issued pursuant to that certain indenture, dated as of August 26, 2004, by and among Collins & Aikman Products Co., as issuer, substantially all of the domestic direct and indirect subsidiaries of Collins & Aikman Corporation, as guarantors, and BNY Midwest Trust Company, as indenture trustee, as the same may have been subsequently modified, amended or supplemented, together with all instruments and agreements related thereto.
K&E 11546409.3
PART I
This Ballot is to be used by the Beneficial Holder of Senior Subordinated Notes Class 7 under the Plan. This Ballot may not be used for any purpose other than casting votes to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of Claim or an assertion or admission of a Claim.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE BALLOT CAREFULLY. THIS BALLOT IS ACCOMPANIED BY A PRE-ADDRESSED, POSTAGE PRE-PAID RETURN ENVELOPE. YOUR VOTE MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 AT 5:00 P.M. PREVAILING PACIFIC TIME. PART II Item 1. ITEMS ON THE BALLOT Disclosures and Certifications
Disclosures (i) A Beneficial Holder of Senior Subordinated Notes is required to cast the same vote on every Ballot completed by such Holder with respect to such Senior Subordinated Notes; (ii) only the latest dated Ballot cast prior to the Voting Deadline with respect to the Senior Subordinated Notes identified in Item 2 will be counted and, if any other Ballots have been cast with respect to such Senior Subordinated Notes, such other Ballots are deemed revoked; (iv) (a) the Debtors have made available to all Holders of Claims entitled to vote on the Plan or their authorized agents all of the Solicitation Documents and (b) except for the Solicitation Documents, such Holders are not to have relied on any statement made or other information received from any person with respect to the Plan; and (v) all authority conferred or agreed to be conferred pursuant to this Ballot and every obligation of the undersigned hereunder shall be binding upon the transferees, successors, assigns, heirs, executors, administrators and legal representatives of the undersigned and shall not be affected by, and shall survive, the death or incapacity of the undersigned. Certifications Upon execution of this Ballot, the Beneficial Holder of the Senior Subordinated Notes identified in Item 2: (i) authorizes and instructs its Nominee (a) to furnish the voting information and amount of the Senior Subordinated Notes the Nominee holds on its behalf in a master ballot (the Master Ballot) transmitted to the Solicitation Agent, (b) to retain this Ballot and related information in its records for one year after the Voting Deadline and (c) to provide a copy of this Ballot to the Solicitation Agent; (ii) certifies that such entity (a) owned the Senior Subordinated Notes as of the Voting Record Date, and (b) has full power and authority to vote to accept or reject the Plan with respect to the Senior Subordinated Notes identified in Item 2;
K&E 11546409.3
(iii) agrees to provide proof of its authority to vote this Ballot if required or requested by the Nominee, its agent, the Solicitation Agent, the Debtors or the Bankruptcy Court. (iv) certifies that such entity is the Beneficial Holder of the Senior Subordinated Notes to which this Ballot pertains or is authorized to execute this Ballot for such Beneficial Holder; and (iii) certifies that such entity has reviewed and understands the disclosures in the section titled Disclosures immediately above.
Item 2.
The undersigned certifies that as of the Voting Record Date, __________, 2007, the undersigned was the Beneficial Holder (or authorized signatory for a Beneficial Holder) of Senior Subordinated Notes in the amount of $__________.__ (insert face amount) as of the Voting Record Date.
Item 3.
DISTRIBUTIONS UNDER THE PLAN WILL ONLY BE MADE TO THOSE HOLDERS OF CLASS 7 SENIOR SUBORDINATED NOTE CLAIMS VOTING TO ACCEPT THE PLAN.
The Beneficial Holder of the Senior Subordinated Notes set forth in Item 2 votes to (please check one):
ACCEPT THE PLAN CHECK HERE REJECT THE PLAN CHECK HERE
A VOTE TO ACCEPT THE PLAN IS ALSO A VOTE TO ACCEPT THE SETTLEMENT, RELEASE, EXCULPATION AND INJUNCTION PROVISIONS IN ARTICLE XII OF THE PLAN. THE SOLICITATION NOTICE YOU ARE RECEIVING IN THE SOLICITATION DOCUMENTS RECITES THE LANGUAGE OF THESE PROVISIONS.
K&E 11546409.3
Item 4.
By returning the Ballot, the Beneficial Holder certifies that either (a) it has not submitted any other Ballot for Senior Subordinated Notes held in other accounts or other record names or (b) it has provided the information specified in the following table for all other Senior Subordinated Notes for which it has submitted additional Ballots (please use additional sheets if necessary): Name of Holder3 1. 2. 3. 4. 5. TOTAL: Account Number $ $ $ $ $ $ Principal Amount Other Class 7 Senior Subordinated Notes Voted4
Dated: ____________________
Name of Beneficial Holder: Signature: By (if not Beneficial Holder): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
Please check here if the above address is a Change of Address that you would like reflected in the Master Mailing List for these Chapter 11 Cases
3 Insert name of broker or bank for the other Senior Subordinated Notes. 4 Insert name of Senior Subordinated Notes or CUSIP Number.
K&E 11546409.3
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007 BY 5:00 P.M. PREVAILING PACIFIC TIME, OR YOUR VOTE WILL NOT BE COUNTED.
K&E 11546409.3
VOTING INSTRUCTIONS 1. The Debtors are soliciting the votes of Beneficial Holders of Senior Subordinated Notes with respect to the Plan referred to in the Disclosure Statement. Your rights are described in the Disclosure Statement and the Plan. The Disclosure Statement, Plan, Solicitation Procedures Order, and certain other materials contained in the Plan Supplement are included on the CD-Rom you are receiving with this Ballot. These documents, along with the Plan Supplement and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. To ensure that your vote is counted, you must complete and return this Ballot as follows: (a) review the Disclosures and Certifications in Item 1 of the Ballot; (b) insert the principal amount of your Senior Subordinated Notes in Item 2; (c) indicate your decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot; (d) fill in the requested information in Item 4 of the Ballot if applicable; and (d) sign and return the Ballot as directed by your Nominee so that your Nominee can cast a Master Ballot on your behalf by the Voting Deadline or if you are the record holder of such Senior Subordinated Notes in Item 1, you can return the Ballot by the Voting Deadline in the pre-addressed, postage pre-paid envelope to the Solicitation Agent. Your Ballot, or the Master Ballot cast by your Nominee on your behalf, must be ACTUALLY RECEIVED by the Solicitation Agent no later than the Voting Deadline. If you are returning your Ballot to your Nominee, please allow your Nominee enough time to transmit the Master Ballot prior to the Voting Deadline. Delivery of a Ballot by facsimile transmission, e-mail or any other electronic means to the Solicitation Agent will not be valid. This Ballot should not be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors financial or legal advisors. You must vote all of your claims within a particular Plan Class either to accept or reject the Plan and may not split your vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted.
2.
3.
4.
5.
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6.
If multiple Ballots are received from you with respect to the same Claim prior to the Voting Deadline, the last Ballot timely received will be deemed to reflect your intent and will supersede and revoke any prior Ballot received. The Ballot is not a letter of transmittal and may not be used for any purpose other than to vote to accept or reject the Plan. This Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots and Master Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot or Master Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot or Master Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot or Master Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot or Master Ballot. Please be sure to sign and date your Ballot. If a Ballot or Master Ballot is signed by trustees, executors, administrators, guardians, attorneys-in-fact, officers of corporations, or others acting in a fiduciary or representative capacity on Holders or Beneficial Holders behalf, such persons must indicate such capacity when signing and, if required or requested by the by the applicable Nominee or its agent, the Solicitation Agent, the Debtors or the Bankruptcy Court, must submit proper evidence to the requesting party to so act on behalf of such Holder or Beneficial Holder. In addition, please provide your name and mailing address if different from that set forth on the attached mailing label or if no such mailing label is attached, to the Ballot. If you hold Claims in more than one Class under the Plan, you may receive more than one Ballot coded for each different Class. Each Ballot votes only your Claims indicated on that Ballot. Please complete and return each Ballot you receive. If you believe you have received the wrong Ballot, please contact the Solicitation Agent or your Nominee immediately. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot or Master Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots other than as provided in the Voting Report, nor will any of them incur any liability for failure to provide such notification.
7. 8. 9.
10.
11.
12. 13.
2
K&E 11546409.3
PLEASE DELIVER YOUR BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205 OR CONTACT YOUR NOMINEE. NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
3
K&E 11546409.3
EXHIBIT C-8
K&E 11546413.3
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
MASTER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS CHAPTER 11 PLAN CLASS 7 SENIOR SUBORDINATED NOTE CLAIMS PLEASE READ AND FOLLOW THE ENCLOSED VOTING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS BALLOT. PLEASE CHECK THE APPROPRIATE BOX BELOW TO INDICATE YOUR ACCEPTANCE OR REJECTION OF THE PLAN.
THIS MASTER BALLOT MUST BE RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE __________, 2007 BY 5:00 P.M. PREVAILING PACIFIC TIME (THE VOTING DEADLINE). IF THIS MASTER BALLOT IS NOT RECEIVED BY 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. 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 11546413.3
VOTING DEADLINE, THE DEBTORS SHALL CONSIDER SUCH MASTER BALLOT AS INVALID. IF THE PLAN IS CONFIRMED BY THE BANKRUPTCY COURT IT WILL BE BINDING ON ALL HOLDERS WHETHER OR NOT SUCH HOLDERS VOTE.
K&E 11546413.3
This Master Ballot may not be used for any purpose other than for submitting votes with respect to the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (the Plan). All capitalized terms used in the Master Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Related Relief Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. This Master Ballot is being sent to brokers, dealers, commercial banks, trust companies and other nominees (each a Nominee) of beneficial owners (Beneficial Holder) of the Senior Subordinated Notes2 and is to be used by the Nominee to submit the votes cast by Beneficial Holders to accept or reject the Debtors Plan on behalf of and in accordance with the Ballots cast by the Beneficial Holders of Senior Subordinated Notes holding Claims in Class 7 through such Nominee. To have the votes of your Beneficial Holders count, you must complete and return this Master Ballot in accordance with the voting instructions attached hereto. The Disclosure Statement, Plan, Solicitation Procedures Order and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Bankruptcy Court has approved the Disclosure Statement as containing adequate information pursuant to Section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court. If you believe you have received this Master Ballot in error, please contact the Solicitation Agent at the address or telephone number above.
PLEASE READ AND FOLLOW THE INSTRUCTIONS ON THE MASTER BALLOT CAREFULLY. PLEASE COMPLETE, SIGN AND DATE THIS MASTER BALLOT AND RETURN BY (A) FIRST CLASS MAIL, (B) OVERNIGHT COURIER OR (C) PERSONAL DELIVERY SO THAT IT IS ACTUALLY RECEIVED BY THE SOLICITATION AGENT ON OR BEFORE THE VOTING DEADLINE, __________, 2007 BY 5:00 P.M. PREVAILING PACIFIC TIME AT THE ADDRESS LISTED BELOW OR THE VOTES CONTAINED IN THE MASTER BALLOT WILL NOT BE COUNTED. THE SOLICITATION AGENT WILL NOT COUNT BALLOTS RECEIVED BY FACSIMILE TRANSMISSION OR OTHER ELECTRONIC MEANS. Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
Senior Subordinated Notes means those certain 12-7/8% senior subordinated notes due August 15, 2012, issued pursuant to that certain indenture, dated as of August 26, 2004, by and among Collins & Aikman Products Co., as issuer, substantially all of the domestic direct and indirect subsidiaries of Collins & Aikman Corporation, as guarantors, and BNY Midwest Trust Company, as indenture trustee, as the same may have been subsequently modified, amended or supplemented, together with all instruments and agreements related thereto.
K&E 11546413.3
Item 1.
The undersigned certifies that as of the Voting Record Date, __________, ____, the undersigned (please check the appropriate box): is a broker, bank or other Nominee that is the direct DTC participant for the Beneficial Holders of the aggregate principal amount of the Senior Subordinated Notes listed in Item 2 below, and is the registered holder of such securities, or is acting under a power of attorney and/or agency granted by a direct DTC participant (a copy of which will be provided upon request) that is the registered holder of the aggregate principal amount of the Senior Subordinated Notes listed in Item 2 below, and accordingly, has full power and authority to transmit votes on the Plan on behalf of the Beneficial Holder of the Senior Subordinated Notes described in Item 3.
Item 2.
Certifications
By signing this Master Ballot, the undersigned certifies to the Bankruptcy Court and the Debtors: (i) that (a) it has received the Solicitation Documents it was required to receive pursuant to the Solicitation Procedures Order and has delivered the same to the Beneficial Holders of the Senior Subordinated Notes, (b) it has received a completed and signed Ballot from each Beneficial Holder listed in Item 2 below and (c) it is the registered holder or agent of a registered holder of the Senior Subordinated Notes being voted; (ii) that it has properly disclosed (a) the respective amounts and issues of the Senior Subordinated Notes owned, as the case may be, by each such Beneficial Holder, (b) each such Beneficial Holders respective vote to accept or reject the Plan and (c) the customer account or other identification number for each such Beneficial Holder. (iii) that it will maintain the original Ballots returned by Beneficial Holder (whether properly completed or defective) for disclosure to the Bankruptcy Court or the Debtors for one year after the Effective Date of the Plan.
K&E 11546413.3
1. 2. 3. 4. 5. Item 5. Transcription
$ $ $ $ $
The undersigned certifies that, according to its records, it has transcribed in the following table the information, if any, provided by the Beneficial Holders in Item 4 of the Beneficial Holder Ballots identifying any Senior notes for which such Beneficial Holder has submitted other Ballots:
Your Customer Account No. and/or Customer Name for Each Beneficial Holder completing Item 4 on Beneficial Holder Ballot Transcribe from Item 4 of the Beneficial Holder Ballot
Name of Holder
Account Number
Principal Amount
1. 2. 3. 4. 5.
1. 2. 3. 4. 5. TOTAL:
$ $ $ $ $ $
K&E 11546413.3
Dated: ____________________
Name of Broker, Bank or other Nominee: Name of Proxy Holder or Agent for Broker Bank or other Nominee (if applicable): Participant No.: Signature: By (if appropriate): Title (if appropriate): Telephone Number: Street Address: City, State and Zip Code:
PLEASE COMPLETE, SIGN AND DATE THE BALLOT AND RETURN IT PROMPTLY. THIS MASTER BALLOT MUST BE RECEIVED BY: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066
ON OR BEFORE __________, 2007, BY 5:00 P.M.
K&E 11546413.3
VOTING INSTRUCTIONS 1. The Master Ballot is to be used by brokerage firms, banks, or other institutions as Nominee for Beneficial Holders of Senior Subordinated Notes. The Master Ballot summarizes votes cast by Beneficial Holder to accept or reject the Plan referred to in the Disclosure Statement. The Disclosure Statement, Plan, Solicitation Procedures Order, and all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. All capitalized terms used in the Master Ballot or in these instructions but not otherwise defined herein shall have the meaning ascribed to such terms in the Order Approving Debtors Amended Disclosure Statement and Granting Relief Related Thereto (the Solicitation Procedures Order), the Disclosure Statement for the Plan and all exhibits thereto (the Disclosure Statement) or the Plan, as the case may be. You should have already delivered the Solicitation Documents that you received from the Debtors Solicitation Agent to each Beneficial Holder of Senior Subordinated Notes in Class 7 and taken any action required to enable each such Beneficial Holder to timely vote their Claims in Class 7 held by such Beneficial Holder. To ensure that the Beneficial Holders votes that you receive are counted, you must, by the Voting Deadline, (a) transfer the requested information from each such Ballot onto the attached Master Ballot and execute the Master Ballot; and (b) deliver such Master Ballot to the Solicitation Agent. Except as otherwise provided herein, delivery will be deemed made only when the original executed Master Ballot is ACTUALLY RECEIVED by the Solicitation Agent no later than 5:00 P.M. prevailing Pacific Time on __________, 2007 (the Voting Deadline) Pursuant to the Solicitation Procedures Order, keep the original Ballots received from Beneficial Holders for one year after the Effective Date of the Plan (or such other date as is set by subsequent Bankruptcy Court order). You may be ordered to produce the original Ballots to the Debtors or the Bankruptcy Court. To properly complete the Master Ballot, take the following steps: a. Provide appropriate information for each of the items on the Master Ballot. Please note that Items, 3, 4, and 5 request information for each individual Beneficial Holder for whom you hold Class 7 Claims in your name. To identify such Beneficial Holders, please use the customer name and/or account number assigned by you to each such Beneficial Holder. Sign and date your Master Ballot. If you are completing the Master Ballot on behalf of an entity, indicate your relationship with such entity and the capacity in which you are signing.
2.
3.
4.
5.
b. c.
K&E 11546413.3
d. e. f.
Provide your name and other requested information. Deliver the Master Ballot to the Solicitation Agent prior to the Voting Deadline. If you are both the registered holder and the Beneficial Holder of any of the Class 7 Claims and you wish to vote such Class 7 Claims, you should return a Ballot to the Solicitation Agent by the Voting Deadline.
6.
If a Master Ballot is received after the Voting Deadline, it will not be counted. The method of delivery of a Master Ballot to the Solicitation Agent is at the election and risk of each entity. Instead of effecting delivery by mail, it is recommended, though not required, that such entities use an overnight or personal delivery service. In all cases, sufficient time should be allowed to assure timely delivery. Delivery of a Master Ballot by facsimile transmission, e-mail or any other electronic means will not be valid. No Master Ballot should be sent to the Debtors, any of their agents (other than the Solicitation Agent), any indenture trustee (unless specifically instructed to do so) or the Debtors' financial or legal advisors. Subject to certain exceptions, the Plan can be confirmed by the Bankruptcy Court, and therefore made binding on all holders, if it is accepted by the holders of two-thirds (2/3) in amount and more than one-half (1/2) in number of claims in each impaired class voting on the Plan. The Master Ballot is not a letter of transmittal and may not be used for any purpose other than to transmit votes to accept or reject the Plan. Beneficial Holders should not surrender their Senior Subordinated Notes as this time. The Solicitation Agent will not accept delivery of any Senior Subordinated Notes transmitted with a Master Ballot. The remittance of instruments or other evidence of claims for exchange pursuant to the Plan may only be made by you and will only be accepted if instruments or certificates representing your Claims (in proper form for transfer) are delivered together with a letter of transmittal that will be furnished to you as provided under the Plan or as notified following Confirmation of the Plan by the Bankruptcy Court. If multiple Ballots are received with respect to the same Claims prior to the Voting Deadline, the last Ballot or Master Ballot timely received will be deemed to reflect that voters intent and will supersede and revoke any prior a Ballot or Master Ballot. This Master Ballot does not constitute, and shall not be deemed to be, a proof of claim or equity interest or an assertion or admission of a claim or equity interest. The following Ballots and Master Ballots shall not be counted in determining the acceptance or rejection of the Plan: (a) any Ballot or Master Ballot that is illegible or contains insufficient information to permit the identification of the creditor; (b) any Ballot or Master Ballot cast by a person or entity that does not hold a claim in a class that is entitled to vote on the Plan; (c) any Ballot or Master Ballot cast for a claim scheduled as unliquidated, contingent or disputed for which no proof of claim was timely filed; and (d) any unsigned Ballot or Master Ballot. 2
7.
8.
9.
10. 11.
K&E 11546413.3
12.
A creditor must vote all of his/her claims within a particular Plan Class either to accept or reject the Plan and may not split his/her vote. Accordingly, a Ballot that partially rejects and partially accepts the Plan will not be counted. Unless otherwise directed by the Bankruptcy Court, delivery of a defective or irregular Ballot or Master Ballot will not be deemed to have been made until such defect or irregularity has been cured or waived by the Debtors. Any waiver by the Debtors of defects or irregularities in any Ballot will be detailed in the Voting Report filed with the Bankruptcy Court by the Solicitation Agent. Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to delivered Ballots other than as provided in the Voting Report, nor will any of them incur any liability for failure to provide such notification. If you believe you have received the wrong Ballot(s) or Master Ballot, please contact the Solicitation Agent immediately. Other than reimbursement by the Debtors for the reasonable, actual and necessary administrative costs incurred by Nominees arising directly from the distribution of Solicitation Documents to the Beneficial Holders of the Senior Subordinated Notes, no fees or commissions or other remuneration will be payable to any broker, dealer or other person for soliciting Ballots accepting the Plan. PLEASE DELIVER YOUR MASTER BALLOT PROMPTLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS MASTER BALLOT OR THESE VOTING INSTRUCTIONS, PLEASE CALL THE SOLICITATION AGENT AT (888) 201-2205 OR CONTACT YOUR NOMINEE.
13.
14. 15.
NOTHING CONTAINED HEREIN OR IN THE ENCLOSED DOCUMENTS SHALL RENDER YOU OR ANY OTHER PERSON, THE AGENT OF THE DEBTORS OR THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF ANY OF THEM WITH RESPECT TO THE PLAN, EXCEPT FOR THE STATEMENTS CONTAINED IN THE DEBTORS SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN.
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EXHIBIT D
K&E 11354759.9
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 FOR THE DEBTORS FIRST AMENDED JOINT PLAN OF COLLINS & AIKMAN CORPORATION AND ITS DEBTOR SUBSIDIARIES OF (A) SOLICITATION AND VOTING PROCEDURES, (B) OBJECTION AND VOTING DEADLINES, (C) HEARING TO CONFIRM THE PLAN AND (D) CERTAIN OTHER INFORMATION DISCLOSURE STATEMENT AND SOLICITATION PROCEDURES APPROVED. On __________, 2007, the United States Bankruptcy Court for the District of Eastern Michigan, Southern Division (the Bankruptcy Court) entered that certain Order Approving the Debtors Disclosure Statement and Relief Related Thereto [Docket No.______] (the Solicitation Procedures Order). In the Solicitation Procedures Order, among other things, the Bankruptcy Court approved the Debtors Disclosure Statement (including all appendices and supplements, the Disclosure Statement) for the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits
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 11354759.9
and supplements, the Plan), as containing adequate information, as required under section 1125(a) of the Bankruptcy Code. COPIES OF THE SOLICITATION DOCUMENTS, INCLUDING THE DISCLOSURE STATEMENT AND PLAN. The Disclosure Statement, as approved by the Bankruptcy Court (with all appendices thereto, including the Plan), the Plan Supplement (as defined or described in the Disclosure Statement), the Solicitation Procedures Order, the Solicitation Procedures (as defined or described in the Disclosure Statement) and all other materials in the Debtors Solicitation Documents (as defined or described in the Solicitation Procedures) can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, California 90066 or by telephone at (888) 201-2205. The Debtors will serve all of the Solicitation Documents (except the Plan Supplement) on the Core Group and the 2002 List, (each as defined in the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005 [Docket No. 294]). The Debtors will serve Holders of Claims who are entitled to vote on the Plan that are neither in the Core Group nor on the 2002 List by first class mail with only: (a) the Solicitation Notice; (b) the appropriate Ballot(s) and/or Master Ballot(s) and applicable Voting Instructions; (c) a CD-Rom containing the Disclosure Statement (and all appendices thereto, including the Plan), the Solicitation Procedures Order, the Solicitation Procedures and certain other documents that are contained in the Plan Supplement (the CD-Rom); and (d) a pre-addressed, postage pre-paid return envelope. The Solicitation Notice will additionally instruct such parties that all other Solicitation Documents can be obtained by accessing the Debtors website at http://www.kccllc.net/collinsaikman or by requesting a copy from the Debtors Solicitation Agent by writing to Collins & Aikman, c/o Kurtzman Carson Consultants LLC, 12910 Culver Boulevard, Suite I, Los Angeles, CA 90066 or by telephone at (888) 201-2205. PLAN OBJECTION DEADLINE. The Bankruptcy Court has set __________, 2007 at ___ _.m. prevailing Eastern Time, as the last date and time for filing and serving objections to confirmation of the Plan (the Plan Objection Deadline). An objection to confirmation of the Plan, if any, must: (a) be in writing; (b) state the name and address of the objecting party and the nature of the claim or interest of such party; (c) state with particularity the grounds for such objection; and (d) be filed with the Bankruptcy Court and served in accordance with the Case Management Procedures, including on the following parties (collectively, the Notice Parties) so that each objection is actually received by the Notice Parties on or before the Plan Objection Deadline. Objections not timely filed and served shall be overruled and not considered.
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The Debtors Richard M. Cieri Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton Ray C. Schrock Marc J. Carmel Kirkland & Ellis LLP 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andJoseph M. Fischer Lawrence A. Lichtman Carson Fischer, P.L.C. 4111 West Andover Road -- Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832
The Creditors Committee Michael S. Stamer Akin, Gump, Strauss, Hauer & Feld L.L.P. 590 Madison Avenue New York, New York 10022 Telephone: (212) 872-1000 Facsimile: (212) 872-1002 -andThomas B. Radom Butzel Long, P.C. 100 Bloomfield Hills Parkway Bloomfield Hills, Michigan 48304 Telephone: (248) 258-1616 Facsimile: (248) 258-1439
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K&E 11354759.9
The DIP Lenders Peter V. Pantaleo Alice B. Eaton Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, New York 10017 Telephone: (212) 455-2000 Facsimile: (212) 455-2502
The Prepetition Lenders Harold S. Novikoff Chetan Gulati Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, New York 10019 Telephone: (212) 403-1000 Facsimile: (212) 403-2000
The United States Trustee Stephen E. Spence U.S. Department of Justice Office of the United States Trustee 211 West Fort Street, Suite 700 Detroit, Michigan 48226 Telephone: (313) 226-7911 Facsimile: (313) 226-7952 VOTING RECORD DATE. The Bankruptcy Court has set __________, 2007 at ___ _.m. prevailing Pacific Time, as the record date (the Voting Record Date) for purposes of determining which holders of Claims are entitled to vote on the Plan. VOTING DEADLINE. The Bankruptcy Court has set __________, 2007 at 5:00 p.m. prevailing Pacific Time, as the voting deadline (the Voting Deadline). All Ballots and Master Ballots (each as defined in the Disclosure Statement) must be received by the Solicitation Agent by the Voting Deadline. Voting Instructions will be sent with the Ballots and Master Ballots. TEMPORARY ALLOWANCE OF CLAIMS FOR VOTING PURPOSES. Holders of Claims and Equity Interests that are subject to a pending objection by the Debtors as of the Voting Record Date cannot vote absent one of the following taking place prior to the Voting Deadline: (a) an order is entered by the Bankruptcy Court, after notice and a hearing, temporarily allowing such Objected-to-Claim for voting purposes only pursuant to Bankruptcy Rule 3018(a); (b) a stipulation or other agreement is executed between the holder of the Objected-to-Claim and the Debtors temporarily allowing the holder of the Objected-to-Claim to vote its Objected-to-Claim in an agreed upon amount; or (c) the pending objection to the Objected-to-Claim is voluntarily withdrawn by the Debtors or overruled by the Bankruptcy Court (each, a Resolution Event). If an objection to a Claim is filed by the Debtors after the Voting Record Date, the Ballot of the holder of such Objected-to-Claim will not be counted absent a Resolution Event taking place on or before the Confirmation Hearing. HEARING TO CONFIRM THE PLAN. The Bankruptcy Court has set a hearing to confirm the Plan (the Confirmation Hearing) to commence on __________, ____ at ___ _.m. prevailing Eastern Time, before the Honorable Steven W. Rhodes, in his Courtroom in the 4
K&E 11354759.9
United States Bankruptcy Court, 211 W. Fort Street, Detroit, Michigan 48266. The Confirmation Hearing may be continued from time to time by announcing such continuance in open court or otherwise, without further notice. SETTLEMENT PROVISIONS IN PLAN. Article XII.A of the Plan provides the following:2 Notwithstanding anything contained in the Plan to the contrary, the allowance, classification and treatment of all Allowed Claims and Allowed Equity Interests and their respective distributions and treatments hereunder take into account for and conform to the relative priority and rights of the Claims and Equity Interests in each Class in connection with any contractual, legal and equitable subordination rights relating thereto whether arising under general principles of equitable subordination, section 510(b) and (c) of the Bankruptcy Code, substantive consolidation or otherwise. As of the Effective Date, any and all such rights described in the preceding sentence are settled, compromised and released pursuant hereto, including for substantive consolidation purposes. The Confirmation Order shall constitute the Bankruptcy Courts finding and determination that the settlements reflected in the Plan, including all issues pertaining to claims for substantive consolidation (which are settled by the distributions in the Plan), are (1) in the best interests of the Debtors and their Estates, (2) fair, equitable and reasonable, (3) made in good faith and (4) approved by the Bankruptcy Court pursuant to section 363 of the Bankruptcy Code and Bankruptcy Rule 9019. In addition, the allowance, classification and treatment of Allowed Claims take into account any causes of action, claims or counterclaims, whether under the Bankruptcy Code or otherwise under applicable law, that may exist: (1) between the Debtors and the Releasing Parties; and (2) as between the Releasing Parties (to the extent set forth in Article XI.C). As of the Effective Date, any and all such causes of action, claims and counterclaims are settled, compromised and released pursuant hereto. The Confirmation Order will approve all such releases of contractual, legal and equitable subordination rights, causes of action, claims and counterclaims against each such Releasing Party that are satisfied, compromised and settled pursuant hereto. Nothing in this Article XII.A will compromise or settle in any way whatsoever, any Claims or Causes of Action that the Debtors or any Trust may have against the Non-Released Parties. THIRD PARTY RELEASE PROVISIONS IN PLAN. provides the following: Article XII.C of the Plan
As of the Effective Date, in consideration for the obligations of the Debtors and the Trusts under the Plan and the Cash, other contracts, instruments, releases, agreements or documents to be entered into or delivered in
2
Any capitalized term used herein, but not defined herein, shall have the meaning assigned to such term in the Plan, or, if no meaning is assigned in the Plan, the meaning assigned to such term in the Disclosure Statement.
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K&E 11354759.9
connection with the Plan (1) each Holder of a Claim that votes in favor of the Plan and (2) to the fullest extent permissible under applicable law, as such law may be extended or interpreted subsequent to the Effective Date, each Person that has held, holds or may hold a Claim or Equity Interest or at any time was a Holder of a Claim or Equity Interest of any of the Debtors and that does not vote on the Plan or votes against the Plan will be deemed to forever release, waive and discharge all claims (including Derivative Claims), causes of action and any other debts, obligations, rights, suits, damages, actions, interests, remedies and liabilities (other than the right to enforce the obligations of the Debtors or the Trusts under the Plan and the contracts, instruments, releases, agreements and documents delivered thereunder), whether known or unknown, foreseen or unforeseen, suspected or unsuspected, liquidated or unliquidated, contingent or fixed, currently existing or hereafter arising, in law, equity or otherwise, that are based in whole or in part on any act, omission, transaction or other occurrence taking place on or prior to the Effective Date in any way relating to a Debtor, the Chapter 11 Cases or the Plan that such Person has, had or may have against any Debtor Releasee or Releasing Party (which release will be in addition to the discharge of Claims and termination of Equity Interests provided herein and under the Confirmation Order and the Bankruptcy Code). Notwithstanding anything contained in the Plan to the contrary, the Releasing Parties will not have released nor deemed to have released by operation of this Article XII.C or otherwise any claims or causes of action that they, the Debtors or either Trust may have now or in the future against the Non-Released Parties. Entry of the Confirmation Order will constitute the Bankruptcy Courts approval pursuant to section 363 of the Bankruptcy Code and Bankruptcy Rule 9019 of the release provided under this Article XII.C, which includes by reference each of the related provisions and definitions contained in the Plan, and further, will constitute the Bankruptcy Courts finding that such release is: (1) in exchange for good and valuable consideration provided by the Debtor Releasees and the Releasing Parties, representing good faith settlement and compromise of the claims released herein; (2) in the best interests of the Debtors and all Holders of Claims; (3) fair, equitable, and reasonable; (4) approved after due notice and opportunity for hearing; and (5) a bar to any of the Releasing Parties asserting any claim released herein against any of the Debtor Releasees or the Releasing Parties or their respective property. EXCULPATION PROVISIONS IN PLAN. Article XII.D of the Plan provides the following: Notwithstanding anything contained in the Plan to the contrary, the Exculpated Parties will neither have nor incur any liability to any Person for any prepetition or postpetition act taken or omitted to be taken in connection 6
K&E 11354759.9
with or related to formulating, negotiating, preparing, disseminating, implementing or administering the Plan, the Disclosure Statement or any contract, instrument, release or other agreement or document created or entered into in connection with the Plan, or any other prepetition or postpetition act taken or omitted to be taken in connection with or in contemplation of the restructuring of the Debtors or confirming or consummating the Plan; provided that the foregoing provisions of this Article XII.D will have no effect on the liability of any Person that results from any such act or omission that is determined in a Final Order to have constituted gross negligence or willful misconduct; provided further that each Exculpated Party will be entitled to rely upon the advice of counsel concerning his, her or its duties pursuant to, or in connection with, the Plan; provided still further that the foregoing Exculpation will not apply to any acts or omissions expressly set forth in and preserved by the Plan. Notwithstanding anything contained in the Plan to the contrary, the Exculpated Parties will not include the Non-Released Parties, and the Plan will not exculpate nor be deemed to have exculpated any of the Non-Released Parties for any acts they have taken, whether in contemplation of the restructuring of the Debtors, in confirming or consummating the Plan, or otherwise. INJUNCTION PROVISIONS IN PLAN. following: Article XII.E of the Plan provides the
1. Except as provided in the Plan or the Confirmation Order, as of the Effective Date, all Persons that have held, currently hold or may hold a Claim or other debt or liability that is discharged or an Equity Interest or other right of an equity security holder that is terminated pursuant to the terms of the Plan are permanently enjoined from taking any of the following actions on account of any such discharged Claims, debts or liabilities or terminated Equity Interests or rights: (a) commencing or continuing in any manner any action or other proceeding against the Debtors, either Trust or their respective property, other than to enforce any right to a distribution pursuant to the Plan; (b) enforcing, attaching, collecting or recovering in any manner any judgment, award, decree or order against the Debtors, either Trust or their respective property, other than as permitted pursuant to (a) above; (c) creating, perfecting or enforcing any lien or encumbrance against the Debtors, either Trust or their respective property; (d) asserting a setoff, right of subrogation or recoupment of any kind against any debt, liability or obligation due to the Debtors or either Trust; and (e) commencing or continuing any action, in any manner, in any place that does not comply with or is inconsistent with the provisions of the Plan. 2. As of the Effective Date, all Persons that have held, currently hold or may hold any claims, causes of action and any other debts, obligations, rights, suits, damages, actions, interests, remedies or liabilities that are 7
K&E 11354759.9
released pursuant to the Plan are permanently enjoined from taking any of the following actions against any released Person or its property on account of such released claims, obligations, suits, judgments, damages, demands, debts, rights, causes of action or liabilities: (a) commencing or continuing in any manner any action or other proceeding; (b) enforcing, attaching, collecting or recovering in any manner any judgment, award, decree or order; (c) creating, perfecting or enforcing any lien or encumbrance; (d) asserting a setoff, right of subrogation or recoupment of any kind against any debt, liability or obligation due to any released Person; and (e) commencing or continuing any action, in any manner, in any place that does not comply with or is inconsistent with the provisions of the Plan. 3. By accepting distributions pursuant to the Plan, each Holder of an Allowed Claim receiving distributions pursuant to the Plan will be deemed to have specifically consented to the injunctions set forth in this Article XII.E.
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K&E 11354759.9
KIRKLAND & ELLIS LLP /s/ Ray C. Schrock 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) Lawrence A. Lichtman (P35403) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors
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EXHIBIT E
K&E 11354760.4
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 OF NON-VOTING STATUS WITH RESPECT TO UNIMPAIRED CLASSES DEEMED TO ACCEPT THE PLAN AND UNCLASSIFIED CLAIMS PLEASE TAKE NOTICE that on __________, 2007, the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court) approved the above-captioned Debtors Disclosure Statement (including all appendices and supplements, the Disclosure Statement) for the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan) for use by the Debtors in soliciting acceptances or rejections of the Plan from holders of impaired claims who are (or may be) entitled to receive distributions under the Plan. THE DISCLOSURE STATEMENT, AS APPROVED BY THE BANKRUPTCY COURT (WITH ALL APPENDICES THERETO, INCLUDING THE PLAN), THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER,
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 11354760.4
THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS IN THE DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 or by telephone at (888) 201-2205. YOU ARE RECEIVING THIS NOTICE BECAUSE UNDER THE TERMS OF ARTICLE III OF THE PLAN, EITHER: (A) YOUR CLAIM(S) AGAINST THE DEBTORS ARE UNIMPAIRED AND, THEREFORE, IN ACCORDANCE WITH SECTION 1126(F) OF THE BANKRUPTCY CODE, YOU ARE (I) DEEMED TO HAVE ACCEPTED THE PLAN AND (II) NOT ENTITLED TO VOTE ON THE PLAN OR (B) YOUR CLAIMS ARE UNCLASSIFIED PURSUANT TO SECTION 1123(A)(1) OF THE BANKRUPTCY CODE AND, THEREFORE, YOU ARE NOT ENTITLED TO VOTE ON THE PLAN. IF YOU HAVE ANY QUESTIONS ABOUT THE STATUS OF YOUR CLAIM(S), YOU SHOULD CONTACT THE DEBTORS SOLICITATION AGENT AT THE ADDRESS OR TELEPHONE NUMBER SET FORTH ABOVE.
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K&E 11354760.4
EXHIBIT F
K&E 11354762.5
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 OF NON-VOTING STATUS WITH RESPECT TO IMPAIRED CLASSES DEEMED TO REJECT THE PLAN PLEASE TAKE NOTICE that on __________, 2007, the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court) approved the abovecaptioned Debtors Disclosure Statement (including all appendices and supplements, the Disclosure Statement) for the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan) for use by the Debtors in soliciting acceptances or rejections of the Plan from holders of impaired claims who are (or may be) entitled to receive distributions under the Plan. THE DISCLOSURE STATEMENT, AS APPROVED BY THE BANKRUPTCY COURT (WITH ALL APPENDICES THERETO, INCLUDING THE PLAN), THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER,
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 11354762.5
THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS IN THE DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 or by telephone at (888) 201-2205. YOU ARE RECEIVING THIS NOTICE BECAUSE UNDER THE TERMS OF ARTICLE III OF THE PLAN, YOU ARE NOT ENTITLED TO RECEIVE OR RETAIN ANY PROPERTY OF THE DEBTORS ON ACCOUNT OF YOUR CLAIM(S) AGAINST OR EQUITY INTEREST IN THE DEBTORS AND, THEREFORE, IN ACCORDANCE WITH SECTION 1126(G) OF THE BANKRUPTCY CODE, YOU ARE (I) DEEMED TO HAVE REJECTED THE PLAN AND (II) NOT ENTITLED TO VOTE ON THE PLAN. IF YOU HAVE ANY QUESTIONS ABOUT THE STATUS OF YOUR CLAIM(S) OR EQUITY INTEREST(S), YOU SHOULD CONTACT THE DEBTORS SOLICITATION AGENT AT THE ADDRESS OR TELEPHONE NUMBER SET FORTH ABOVE.
2
K&E 11354762.5
EXHIBIT G
K&E 11354763.5
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 TO PARTIES TO RETAINED CAUSES OF ACTION PLEASE TAKE NOTICE that on __________, 2007, the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court) approved the above-captioned Debtors Disclosure Statement (including all appendices and supplements, the Disclosure Statement) for the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan) for use by the Debtors in soliciting acceptances or rejections of the Plan from holders of impaired claims who are (or may be) entitled to receive distributions under the Plan. THE DISCLOSURE STATEMENT, AS APPROVED BY THE BANKRUPTCY COURT (WITH ALL APPENDICES THERETO, INCLUDING THE PLAN), THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER, THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS 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. 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 11354763.5
DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 or by telephone at (888) 201-2205. YOU ARE RECEIVING THIS NOTICE BECAUSE EXHIBIT A TO THE PLAN IDENTIFIES YOU OR ONE OF YOUR AFFILIATED ENTITIES AS A PARTY OR PARTIES AGAINST WHOM THE DEBTORS HAVE OR MAY HAVE CERTAIN CLAIMS OR CAUSES OF ACTION. YOU ARE LISTED ON EXHIBIT A TO THE PLAN AS FOLLOWS: [Party Name] [Retained Causes of Action as listed on Exhibit A to the Plan]
YOUR RECEIPT OF THIS NOTICE DOES NOT NECESSARILY MEAN THAT YOU WILL BE SUBJECT TO A CLAIM OR CAUSE OF ACTION BROUGHT BY THE DEBTORS OR A DESIGNEE OF THE DEBTORS. IN ARTICLE IV.E OF THE PLAN, THE DEBTORS EXPRESSLY RESERVE ALL RIGHTS, INTERESTS, CLAIMS OR CAUSES OF ACTION AGAINST THE PARTIES LISTED ON EXHIBIT A TO THE PLAN AND ALL OTHER CREDITORS OR OTHER ENTITIES NOT EXPRESSLY WAIVED, RELINQUISHED, RELEASED, COMPROMISED OR SETTLED IN THE PLAN OR OTHER ORDER OF THE BANKRUPTCY COURT. YOUR STATUS AS A PARTY TO A RETAINED CAUSE OF ACTION DOES NOT IN AND OF ITSELF ENTITLE YOU TO VOTE ON THE PLAN.
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K&E 11354763.5
EXHIBIT H
K&E 11354764.5
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 TO COUNTERPARTIES TO EXECUTORY CONTRACTS AND UNEXPIRED LEASES PLEASE TAKE NOTICE that on __________, 2007, the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court) approved the above-captioned Debtors Disclosure Statement (including all appendices and supplements, the Disclosure Statement) for the First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan) for use by the Debtors in soliciting acceptances or rejections of the Plan from holders of impaired claims who are (or may be) entitled to receive distributions under the Plan. THE DISCLOSURE STATEMENT, AS APPROVED BY THE BANKRUPTCY COURT (WITH ALL APPENDICES THERETO, INCLUDING THE PLAN), THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER,
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 11354764.5
THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS IN THE DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, California 90066 or by telephone at (888) 201-2205 YOU ARE RECEIVING THIS NOTICE BECAUSE YOU OR ONE OF YOUR AFFILIATED ENTITIES MAY BE A COUNTERPARTY TO AN EXECUTORY CONTRACT OR UNEXPIRED LEASE WITH ONE OR MORE OF THE DEBTORS:2 [Counterparty Name] [Contract/Lease] [Assumed/Rejected]
ARTICLE V OF THE PLAN PROVIDES FOR (A) THE ASSUMPTION OF EACH OF THE DEBTORS EXECUTORY CONTRACTS AND UNEXPIRED LEASES SET FORTH ON EXHIBIT E TO THE PLAN AND (B) THE REJECTION OF EACH OF THE DEBTORS EXECUTORY CONTRACTS AND UNEXPIRED LEASES SET FORTH ON EXHIBIT F TO THE PLAN. THE DEBTORS RESERVE THE RIGHT, AT ANY TIME PRIOR TO THE EFFECTIVE DATE OF THE PLAN, TO AMEND EXHIBIT E TO DELETE OR ADD ANY EXECUTORY CONTRACTS AND UNEXPIRED LEASES. NOTICE OF ANY SUCH AMENDMENT SHALL BE GIVEN TO THE AFFECTED COUNTERPARTY TO SUCH EXECUTORY CONTRACT OR UNEXPIRED LEASE. IF THE EXECUTORY CONTRACT AND/OR UNEXPIRED LEASE TO WHICH YOU ARE A COUNTERPARTY IS ASSUMED, YOU MAY BE ENTITLED TO ASSERT A CURE AMOUNT FOR UNPAID MONETARY OBLIGATIONS UNDER SUCH CONTRACT OR LEASE. IF THE EXECUTORY CONTRACT OR UNEXPIRED LEASE TO WHICH YOU ARE A COUNTERPARTY IS REJECTED, YOU MAY BE ENTITLED TO AN UNSECURED CLAIM FOR WHICH A PROOF OF CLAIM MUST BE FILED. YOUR STATUS AS A COUNTERPARTY TO AN EXECUTORY CONTRACT AND/OR UNEXPIRED LEASE DOES NOT IN AND OF ITSELF ENTITLE YOU TO VOTE ON THE PLAN.
This Notice is being sent to counterparties to executory contracts and unexpired leases. This Notice is not an admission by the Debtors that such contract or lease is executory or unexpired.
2
K&E 11354764.5
EXHIBIT I
K&E 11354765.4
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 OF NON-VOTING STATUS WITH RESPECT TO OBJECTED-TO-CLAIMS PLEASE TAKE NOTICE that on __________, 2007, the United States Bankruptcy Court for the Eastern District of Michigan (the Bankruptcy Court) approved the abovecaptioned Debtors Amended Disclosure Statement (as amended from time to time and including all appendices and supplements, the Disclosure Statement) for their First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan) for use by the Debtors in soliciting acceptances or rejections of the Plan from holders of impaired claims who are (or may be) entitled to receive distributions under the Plan. THE DISCLOSURE STATEMENT, AS APPROVED BY THE BANKRUPTCY COURT (WITH ALL APPENDICES THERETO, INCLUDING THE PLAN), THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER, THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS 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. 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 11354765.4
DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman Ballot Processing c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, CA 90066 or by telephone at (888) 201-2205. YOU ARE RECEIVING THIS NOTICE BECAUSE AS OF THE VOTING RECORD DATE, __________, ____, YOU ARE THE HOLDER OF A CLAIM THAT IS SUBJECT TO A PENDING OBJECTION BY THE DEBTORS. YOU ARE NOT ENTITLED TO VOTE ON THE DEBTORS PLAN UNLESS PRIOR TO THE VOTING DEADLINE, ______2007 BY 5:00 P.M. PREVAILING PACIFIC TIME: (A) AN ORDER IS ENTERED BY THE BANKRUPTCY COURT, AFTER NOTICE AND A HEARING, TEMPORARILY ALLOWING YOUR CLAIM FOR VOTING PURPOSES ONLY PURSUANT TO BANKRUPTCY RULE 3018(A); (B) A STIPULATION OR OTHER AGREEMENT IS EXECUTED BETWEEN YOU AND THE DEBTORS TEMPORARILY ALLOWING YOU TO VOTE YOUR CLAIM IN AN AGREED UPON AMOUNT; OR (C) THE PENDING OBJECTION TO YOUR CLAIM IS VOLUNTARILY WITHDRAWN BY THE DEBTORS OR OVERRULED BY THE BANKRUPTCY COURT (EACH, A RESOLUTION EVENT). IF A RESOLUTION EVENT OCCURS, THEN NO LATER THAN TWO BUSINESS DAYS THEREAFTER, THE SOLICITATION AGENT SHALL DISTRIBUTE A BALLOT AND A PRE-ADDRESSED, POSTAGE PRE-PAID ENVELOPE TO YOU, WHICH MUST BE RETURNED TO THE SOLICITATION AGENT BY NO LATER THAN THE VOTING DEADLINE, __________, 2007 BY 5:00 P.M. PREVAILING PACIFIC TIME. IF YOU HAVE ANY QUESTIONS ABOUT THE STATUS OF YOUR CLAIM(S), YOU SHOULD CONTACT THE DEBTORS SOLICITATION AGENT AT THE ADDRESS OR TELEPHONE NUMBER SET FORTH ABOVE.
2
K&E 11354765.4
EXHIBIT J
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 OF (A) DISCLOSURE STATEMENT HEARING AND (B) OBJECTION AND REPLY DEADLINES DISCLOSURE STATEMENT FILING. Please take notice that on December 22, 2006, the above-captioned debtors (collectively, the Debtors) filed their Disclosure Statement for the First Amended Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries (as amended from time to time and including all appendices and supplements, the Disclosure Statement) for their First Amended Joint Plan of Collins & Aikman Corporation and its Debtor Subsidiaries (as amended from time to time and including all exhibits and supplements, the Plan). OBJECTION DEADLINE. Please take further notice that January 18, 2007 at 4:00 p.m. prevailing Eastern Time, is the deadline for filing and serving any and all objections and responses regarding the approval of the Disclosure Statement (the Objection Deadline). Objections must be served so as to be received by the Objection Deadline by the following parties: Richard M. Cieri Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 The Debtors David L. Eaton Ray C. Schrock Marc J. Carmel Kirkland & Ellis LLP 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 Joseph M. Fischer Lawrence A. Lichtman Carson Fischer, P.L.C. 4111 West Andover Road - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832
Michael S. Stamer Akin, Gump, Strauss, Hauer & Feld L.L.P. 590 Madison Avenue New York, New York 10022 Telephone: (212) 872-1000 Facsimile: (212) 872-1002
The Creditors Committee Thomas B. Radom Butzel Long, P.C. 100 Bloomfield Hills Parkway Bloomfield Hills, Michigan 48304 Telephone: (248) 258-1616 Facsimile: (248) 258-1439
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 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 11354766.8
The DIP Lenders Peter V. Pantaleo Alice B. Eaton Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, New York 10017 Telephone: (212) 455-2000 Facsimile: (212) 455-2502
The Prepetition Lenders Harold S. Novikoff Gregory E. Pessin Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, New York 10019 Telephone: (212) 403-1000 Facsimile: (212) 403-2000
The United States Trustee Stephen E. Spence U.S. Department of Justice Office of the United States Trustee 211 West Fort Street, Suite 700 Detroit, Michigan 48226 Telephone: (313) 226-7911 Facsimile: (313) 226-7952
DISCLOSURE STATEMENT HEARING. Please take further notice that a hearing on the Debtors Disclosure Statement pursuant to section 1125 of the Bankruptcy Code will commence on January 25, 2007 at 11:00 a.m. prevailing Eastern Time, before the Honorable Steven W. Rhodes, Chief United States Bankruptcy Judge, located at 211 W. Fort Street, Detroit, Michigan 48266 (the Disclosure Statement Hearing). The Disclosure Statement Hearing may be continued from time to time by announcing such continuance in open court or otherwise, without further notice to parties in interest. THE DEBTORS DISCLOSURE STATEMENT, THE PLAN, THE PLAN SUPPLEMENT, THE SOLICITATION PROCEDURES ORDER, THE SOLICITATION PROCEDURES AND ALL OTHER MATERIALS IN THE DEBTORS SOLICITATION DOCUMENTS CAN BE OBTAINED BY ACCESSING THE DEBTORS WEBSITE AT HTTP://WWW.KCCLLC.NET/COLLINSAIKMAN OR BY REQUESTING A COPY FROM THE DEBTORS SOLICITATION AGENT BY WRITING TO: Collins & Aikman c/o Kurtzman Carson Consultants LLC 12910 Culver Boulevard, Suite I Los Angeles, CA 90066 or by telephone at (888) 201-2205. Dated: December 22, 2006 KIRKLAND & ELLIS LLP /s/ Ray C. Schrock 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
2
K&E 11354766.8
EXHIBIT K
Exhibit K
Multi-Debtor Claims
Creditor Name David L and Karen H Swofford David L and Karen H Swofford
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
23
Eula and Simmie Ray Tucker Eula and Simmie Ray Tucker
$150,000.00 $150,000.00
143 22
$150,000.00 $150,000.00
147 21
$150,000.00 $150,000.00
117 20
Rodney Wood and Angela Byers Rodney Wood and Angela Byers
$150,000.00 $150,000.00
87 19
$150,000.00 $150,000.00
86 18
$150,000.00 $150,000.00
146 16
Class Action Lawson et al vs Collins & Aikman et al a Class of Persons Owning Real Property Contaminated by Defendants Lawson et al vs Collins & Aikman Corp et al a Class of Persons Owning Real Property Contaminated by Defts
$13,500,000.00
General Unsecured
88
$13,500,000.00
General Unsecured
15
$100,000.00 $100,000.00
115 13
$100,000.00 $100,000.00
151 12
$250,000.00 $250,000.00
80 10
$250,000.00 $250,000.00
114 9
$250,000.00 $250,000.00
83 7
$250,000.00 $250,000.00
116 6
$150,000.00 $150,000.00
78 5
$150,000.00 $150,000.00
110 3
$150,000.00 $150,000.00
149 2
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 1 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Jorge C and Maria C Herbas Jorge C and Maria C Herbas
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
64
Bobby L and Mary Jane Huntsinger Bobby L and Mary Jane Huntsinger
$150,000.00 $150,000.00
118 65
$150,000.00 $150,000.00
145 67
$150,000.00 $150,000.00
102 68
$150,000.00 $150,000.00
103 69
$150,000.00 $150,000.00
98 61
$150,000.00 $150,000.00
96 70
$150,000.00 $150,000.00
97 71
$150,000.00 $150,000.00
99 60
$150,000.00 $150,000.00
100 59
$150,000.00 $150,000.00
95 58
$150,000.00 $150,000.00
119 57
$150,000.00 $150,000.00
123 56
$150,000.00 $150,000.00
121 55
$150,000.00 $150,000.00
122 54
$150,000.00 $150,000.00
81 53
$150,000.00 $150,000.00
124 52
$150,000.00 $150,000.00
120 51
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 2 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
50
Bradley and Ellen Ruth Evans Bradley and Ellen Ruth Evans
$150,000.00 $150,000.00
82 49
$150,000.00 $150,000.00
126 48
$150,000.00 $150,000.00
77 47
$150,000.00 $150,000.00
105 46
Charles Everett and Betty Carr Charles Everett and Betty Carr
$150,000.00 $150,000.00
106 45
$150,000.00 $150,000.00
101 44
$150,000.00 $150,000.00
108 43
$150,000.00 $150,000.00
107 42
$150,000.00 $150,000.00
104 41
$150,000.00 $150,000.00
109 90
TJ Lawson Tammy Lawson Amber Lawson Brandon Lawson and Joshua Lawson TJ Lawson Tammy Lawson Amber Lawson Bradon Lawson and Joushua Lawson
$2,000,000.00
General Unsecured
89
$2,000,000.00
General Unsecured
84
$72,416.28 $72,416.28
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
4018 215
Apollo Chemical Corp Apollo Chemical Corp Coface North America Inc as Agent for Apollo Chemical Corporation
Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Products Co. Collins & Aikman Corporation
$1,395,617.89 $1,395,617.89
560 553
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 3 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Magnesium Products of America Inc Magnesium Products of America Inc
Claim Amount Not less than 254382.08 not less than 254382.08
Debtor Name Collins & Aikman Interiors, Inc. Collins & Aikman Products Co. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Wickes Asset Management, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) CW Management Corporation Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Properties, Inc. Dura Convertible Systems, Inc. Collins & Aikman Development Company Amco Convertible Fabrics, Inc. Collins & Aikman International Corporation Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Owosso Thermal Forming, LLC Gamble Development Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Asset Services, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive Services, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Corporation
Secured
291
Secured
292
Secured
293
Secured Secured
409 410
Secured Secured
422 423
Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc
Not less than 254382.08 Not less than 254382.08 Not less than 254382.08 not less than 254382.08 not less than 254382.08 not less than 254382.08 Not less than 254382.08
Secured
648
Secured
670
Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc
Not less than 254382.08 Not less than 254382.08 Not less than 254382.08 Not less than 254382.08 Not less than 254382.08
Secured
864
Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc Magnesium Products of America Inc
Not less than 254382.08 Not less than 254382.08 Not less than 254382.08 Not less than 254382.08 Not Less Than 254382.08 Not less than 254382.08
Secured
1159
Secured Secured
1253 408
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 4 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Technologies Inc Magnesium Division Technologies Inc Magnesium Division
Claim Amount not less than 1325959.55 not less than 1325959.55
Debtor Name Collins & Aikman Carpet & Acoustics (TN), Inc. CW Management Corporation Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Wickes Asset Management, Inc. Collins & Aikman Products Co. Collins & Aikman Properties, Inc. Collins & Aikman International Corporation Amco Convertible Fabrics, Inc. Collins & Aikman Interiors, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Owosso Thermal Forming, LLC Gamble Development Company Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Dura Convertible Systems, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Plastics, Inc. New Baltimore Holdings, LLC Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Europe, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Development Company Collins & Aikman Automotive Services, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Corporation
Meridian Technologies Inc Magnesium Products Division Meridian Technologies Inc Magnesium Products Division
Secured
283
Secured
286
Meridian Technologies Inc Magnesium Products Division Meridian Technologies Inc Magnesium Products Division Meridian Technologies Inc Magnesium Products Division
Secured
287
Secured
288
Secured
289
Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products
Technologies Division Technologies Division Technologies Division Technologies Division Technologies Division Technologies Division Technologies Division
Inc Magnesium Not less than $1325959.55 Inc Magnesium Not less than $1325959.55 Inc Magnesium Not less than $1325959.55 Inc Magnesium Not less than $1325959.55 Inc Magnesium Not less than 1325959.55 Inc Magnesium Not less than 1325959.55 Inc Magnesium not less than 1325959.55 Secured Secured Secured Secured Secured Secured Secured
Secured Secured
690 693
Technologies Inc Magnesium Division Technologies Inc Magnesium Division Technologies Inc Magnesium Division
Not less than 1325959.55 Not less than 1325959.55 Not less than 1325959.55
Technologies Inc Magnesium Division Technologies Inc Magnesium Division Technologies Inc Magnesium Division
Not Less than 1325959.55 Not less than 1325959.55 Not less than 1325959.55
Technologies Inc Magnesium Division Technologies Inc Magnesium Division Technologies Inc Magnesium Division
Not less than 1325959.55 Not less than 1325959.55 Not less than 1325959.55
Technologies Inc Magnesium Division Technologies Inc Magnesium Division Technologies Inc Magnesium Division
Not less than 1325959.55 Not less than 1325959.55 Not less than 1325959.55
Meridian Products Meridian Products Meridian Products Meridian Products Meridian Products
Technologies Division Technologies Division Technologies Division Technologies Division Technologies Division
Inc Magnesium Not less than 1325959.55 Inc Magnesium Not less than 1325959.55 Inc Magnesium Not less than 1325959.55 Inc Magnesium Not less than 1325959.55 Inc Magnesium Not less than $1325959.55 Secured Secured Secured Secured Secured
$150,000.00 $150,000.00
502 467
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 5 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Visteon Corporation
Secured
Debtor Name Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Dura Convertible Systems, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Wickes Asset Management, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Development Company Collins & Aikman Properties, Inc. Gamble Development Company CW Management Corporation Collins & Aikman International Corporation Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Europe, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Wickes Manufacturing Company Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Comet Acoustics, Inc. Brut Plastics, Inc. Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Corporation
1394
Visteon Corporation
Secured
1040
Secured Secured
1041 1043
Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05
Secured Secured
1060 1061
Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05
Visteon Corporation
Secured
1076
Visteon Corporation Visteon Corporation Visteon Corporation Visteon Corporation Visteon Corporation Visteon Corporation Visteon Corporation
Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05 Not less than $2,217,171.05 Not less than 2217171.05 Not less than 2217171.05
Secured Secured
1148 1160
Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05
Not less than 2217171.05 Not less than 2217171.05 Not less than 2217171.05 Notes Not Less Than $2217171.05
Not Less Than $2217171.05 Not Less than $2217171.05 Not less than 2217171.05
$57,785.37 $57,785.37
2869 1071
$307,590.39 $307,590.39
3443 1169
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 6 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Alexandru A Risca Alexandru A Risca Riverside Claims LLC as Assignee for Newco Automotive Riverside Claims LLC as Assignee for Newco Automotive Riverside Claims LLC as assignee for Dystar LP Riverside Claims LLC as assignee for Dystar LP
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
1348
$20,848.55 $20,848.55
2896 1440
$118,785.98 $118,785.98
2892 1473
$14,736.53 $14,736.53
5385 1482
Environmental Advisory Services PLLC Environmental Advisory Services PLLC Riverside Claims LLC as assignee for Byk Gardner Usa Riverside Claims LLC as assignee for Byk Gardner Usa
$4,377.65 $4,377.65
4061 1483
$19,394.41 $19,394.41
2947 1523
Aquaeter Aquaeter
$59,098.45 $59,098.45
6788 6793
$2,036.69 $2,036.69
Priority Priority
3477 3819
$24,296.98 $24,296.98
6941 6921
$58,016.00 $58,016.00
4179 4155
$29,624.79 $29,624.79
5359 5360
$50,252.81 $50,252.81
4557 3368
$18,960.28 $18,960.28
2760 3090
$122,389.16 $122,389.16
Priority Priority
7427 5697
$59,750.00 $59,750.00
Secured Secured
Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.)
3012 3011
$82,071.94 $82,071.94
Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.)
341 1992
$115,287.81 $115,287.81
3730 3731
$159,821.68 $159,821.68
1534 8346
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 7 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
Tenatronics Limited
$57,980.48
General Unsecured
2503
$39.10
General Unsecured
Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
3064
$39.10
General Unsecured
3333
$207,309.77 $207,309.77
Secured Secured
Collins & Aikman Corporation Collins & Aikman Products Co. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
7835 6864
$207,309.77
Secured
7834
$207,309.77
Secured
7836
$103,714.80
General Unsecured
Collins & Aikman Corporation Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.)
5458
$103,714.80
General Unsecured
5460
$235,688.58
General Unsecured
Collins & Aikman Corporation Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.)
237
$235,688.58
General Unsecured
1852
$236,841.99 $236,841.99
Priority Priority
Collins & Aikman Products Co. Collins & Aikman Corporation Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
1180 2348
$39,679.50 $39,679.50
6032 6034
Black Mccuskey Souers & Arbaugh Black Mccuskey Souers & Arbaugh
$17,363.20 $17,363.20
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
7138 7545
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Products Co. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Corporation Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
$314,287.25
General Unsecured
3690
$314,287.25 $314,287.25
3687 3693
$61,128.36 $61,128.36
Collins & Aikman Products Co. Collins & Aikman Corporation Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
6771 3856
$119,806.00 $119,806.00
4141 6042
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 8 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
$10,257.00 $10,257.00
Priority Priority
Debtor Name Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
4141 6042
$176,835.12 $176,835.12
Collins & Aikman Products Co. Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Products Co. Collins & Aikman Corporation
1322 3464
Collins & Aikman Products Co. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Corporation Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive International Services, Inc. Wickes Asset Management, Inc. Collins & Aikman Interiors, Inc. Amco Convertible Fabrics, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Properties, Inc. Collins & Aikman Automotive International, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Comet Acoustics, Inc. Collins & Aikman Automotive Mats, LLC Dura Convertible Systems, Inc. Wickes Manufacturing Company Collins & Aikman Canada Domestic Holding Company Owosso Thermal Forming, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) CW Management Corporation Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Europe, Inc.
$93,812.33
General Unsecured
4581
Derby Fabricating LLC Derby Fabricating LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
$93,812.33 $93,812.33
3365 3374
$93,812.33 $93,812.33
3375 3379
Derby LLC Derby LLC Derby LLC Derby LLC Derby LLC
Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
$93,812.33 $93,812.33
3419 3420
$93,812.33
General Unsecured
3421
Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC co Seiller Waterman $93,812.33 General Unsecured General Unsecured General Unsecured General Unsecured
Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
$93,812.33 $93,812.33
3426 3427
Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
$93,812.33
General Unsecured
3428
$93,812.33 $93,812.33
3429 3430
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 9 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC Derby Fabricating LLC co Seiller Waterman LLC
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured
Debtor Name Collins & Aikman Development Company Collins & Aikman Carpet & Acoustics (TN), Inc. Brut Plastics, Inc. New Baltimore Holdings, LLC Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Products Co. Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
Derby LLC Derby LLC Derby LLC Derby LLC Derby LLC
Fabricating LLC co Seiller Waterman $93,812.33 Fabricating LLC c o Seiller Waterman $93,812.33 Fabricating LLC c o Seiller Waterman $93,812.33 Fabricating LLC c o Seiller Waterman $93,812.33 Fabricating LLC c o Seiller Waterman $93,812.33 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Derby Fabricating LLC c o Seiller Waterman LLC Derby Fabricating LLC c o Seiller Waterman LLC
$93,812.33 $93,812.33
4487 4484
Unliquidated
General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation
7880
Unliquidated Unliquidated
7884 7885
Unliquidated
General Unsecured
7886
Unliquidated
General Unsecured
7887
Unliquidated
General Unsecured
7888
Unliquidated
General Unsecured
7889
Unliquidated
General Unsecured
7890
Unliquidated Unliquidated
7891 7892
Unliquidated Unliquidated
7893 7894
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 10 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Debtor Name Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation Collins & Aikman Plastics, Inc.
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Unliquidated Unliquidated
7961 7962
Unliquidated
General Unsecured
7963
Unliquidated
General Unsecured
7964
Unliquidated
General Unsecured
7965
Unliquidated
General Unsecured
7966
Unliquidated
General Unsecured
7967
Unliquidated Unliquidated
7968 7969
Unliquidated Unliquidated
7970 7971
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 11 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Corporation Wickes Manufacturing Company Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc.
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corp
Unliquidated Unliquidated
Priority Priority
7993 7880
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Unliquidated Unliquidated
Priority Priority
7884 7885
Unliquidated
Priority
7886
Unliquidated
Priority
7887
Unliquidated
Priority
7888
Unliquidated
Priority
7889
Unliquidated
Priority
7890
Unliquidated Unliquidated
Priority Priority
7891 7892
Unliquidated Unliquidated
Priority Priority
7893 7894
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Unliquidated Unliquidated
Priority Priority
7901 7902
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 12 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Debtor Name Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Unliquidated Unliquidated
Priority Priority
7961 7962
Unliquidated
Priority
7963
Unliquidated
Priority
7964
Unliquidated
Priority
7965
Unliquidated
Priority
7966
Unliquidated
Priority
7967
Unliquidated Unliquidated
Priority Priority
7968 7969
Unliquidated Unliquidated
Priority Priority
7970 7971
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 13 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Debtor Name Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Collins & Aikman Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corp
Plastomer Corporation
$63,204.64
General Unsecured
Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Dura Convertible Systems, Inc. Collins & Aikman Corporation
8337
$1,063,958.70
General Unsecured
$1,063,958.70
General Unsecured
Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Corporation
6093
5608
Unique Fabricating Inc Unique Fabricating Inc Unique Fabricating Inc Unique Fabricating Inc Universal Phone Systems Inc dba Universal Voice Data Universal Voice Data Riverside Claims LLC as Assignee for Clips Clamps Riverside Claims LLC as Assignee for Clips Clamps
$68,181.47 $68,181.47
1656 2400
$39,053.85 $39,053.85
Collins & Aikman Products Co. Collins & Aikman Corporation Wickes Manufacturing Company Gamble Development Company
2894 1548
7529 Salisbury Road Associates LLC 7529 Salisbury Road Associates LLC Riverside Claims LLC as Assignee for Dynergy Fibers Riverside Claims LLC as Assignee for Dynergy Fibers Riverside Claims LLC as Assignee for Corporate Dining Concepts Riverside Claims LLC as Assignee for Corporate Dining Concepts
$1,500,000.00 $1,500,000.00
1605 1604
$59,236.86 $59,236.86
2891 1609
$23,299.00 $23,299.00
2898 1657
MACtac
$81,398.81
General Unsecured
Collins & Aikman Corporation Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
817
MACtac
$81,398.81
General Unsecured
1708
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 14 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Riverside Claims LLC as Assignee for Masters Manufacturing Co Inc Riverside Claims LLC as Assignee for Masters Manufacturing Co Inc
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
1703
$142,552.51
General Unsecured
Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Corporation Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Corporation
2802
$142,552.51 $142,552.51
2796 2799
BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Dura Convertible Systems, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman (Gibraltar) Limited Brut Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Amco Convertible Fabrics, Inc.
BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$520,466,617.58 $520,466,617.58
2615 2616
$520,466,617.58 $520,466,617.58
2617 2618
$520,466,617.58
General Unsecured
2619
$520,466,617.58
General Unsecured
2620
$520,466,617.58
General Unsecured
2621
$520,466,617.58
General Unsecured
2622
$520,466,617.58
General Unsecured
2623
$520,466,617.58 $520,466,617.58
2624 2625
BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company
$520,466,617.58 $520,466,617.58
2629 2630
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 15 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Development Company Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) CW Management Corporation Comet Acoustics, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Products Co. Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Europe, Inc. Collins & Aikman Corporation
BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company BNY Midwest Trust Company
$520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58 $520,466,617.58
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
2805 2807 2809 2811 2812 2813 2814 2815 2905 2631
See Attachment
General Unsecured
Collins & Aikman Products Co. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Products Co.
2907
2823 2817
Electrex Co Inc Electrex Co Inc Riverside Claims LLC as Assignee for Nifco America Corp Riverside Claims LLC as Assignee for Nifco America Corp
$29,865.00 $29,865.00
Secured Secured
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
2887 2883
$217,863.09 $217,863.09
2893 2886
Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004
$428,506,232.64
General Unsecured
Wickes Manufacturing Company Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.)
3610
$428,506,232.64
General Unsecured
2668
$428,506,232.64
General Unsecured
2819
$428,506,232.64
General Unsecured
2878
$428,506,232.64
General Unsecured
2879
$428,506,232.64
General Unsecured
Collins & Aikman Interiors, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.)
2880
$428,506,232.64
General Unsecured
2881
$428,506,232.64
General Unsecured
2882
$428,506,232.64
General Unsecured
2900
$428,506,232.64
General Unsecured
2901
$428,506,232.64
General Unsecured
2902
$428,506,232.64
General Unsecured
2903
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 16 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
$428,506,232.64
General Unsecured
2904
$428,506,232.64
General Unsecured
Collins & Aikman Properties, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
2909
$428,506,232.64
General Unsecured
2910
$428,506,232.64
General Unsecured
Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.)
2911
$428,506,232.64
General Unsecured
2912
$428,506,232.64
General Unsecured
JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.)
2913
$428,506,232.64
General Unsecured
2914
$428,506,232.64
General Unsecured
2915
$428,506,232.64
General Unsecured
Collins & Aikman Plastics, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.)
2916
Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004
$428,506,232.64
General Unsecured
2917
$428,506,232.64
General Unsecured
2918
$428,506,232.64
General Unsecured
2924
$428,506,232.64
General Unsecured
2928
$428,506,232.64
General Unsecured
Collins & Aikman Automotive Services, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.)
2931
$428,506,232.64
General Unsecured
2932
$428,506,232.64
General Unsecured
2933
$428,506,232.64
General Unsecured
2934
$428,506,232.64
General Unsecured
2935
$428,506,232.64
General Unsecured
2939
$428,506,232.64
General Unsecured
2940
$428,506,232.64
General Unsecured
2942
$428,506,232.64
General Unsecured
New Baltimore Holdings, LLC Becker Group, LLC (d/b/a Collins & Aikman Premier Mold)
2983
$428,506,232.64
General Unsecured
3117
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 17 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004 Law Debenture Trust Company of New York as Indenture Trustee under than certain Indenture dated August 26 2004
Claim Amount
Nature of Claim
Debtor Name
$428,506,232.64
General Unsecured
CW Management Corporation
3118
$428,506,232.64
General Unsecured
3119
$428,506,232.64
General Unsecured
2908
$77,529.62 $77,529.62
Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.)
3065 2941
Harold L Glasser
General Unsecured
Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive International, Inc. Brut Plastics, Inc.
4949
3370 3369
Shawmut Corporation
$4,169.67
General Unsecured
Collins & Aikman Products Co. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
3210
$4,169.67 $4,169.67
3214 3411
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co. Collins & Aikman Corporation
Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP Fabric DE GP
See Attached Exhibit A See attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See attached Exhibit A
Secured Secured Priority General Unsecured Secured Priority General Unsecured Secured Priority General Unsecured Secured
Collins & Aikman Products Co. Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co. Collins & Aikman Products Co. Collins & Aikman Corporation
3613 3475 3559 3559 3559 3612 3612 3612 3613 3613 3474
Harold L Glasser
See attachment
General Unsecured
Collins & Aikman Europe, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive International Services, Inc. Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Products Co. Collins & Aikman International Corporation
4318
Harold L Glasser
see attachment
General Unsecured
3522
3523 3524
3526 3528
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 18 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Development Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Properties, Inc. Wickes Asset Management, Inc. Wickes Manufacturing Company Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Owosso Thermal Forming, LLC Dura Convertible Systems, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Collins & Aikman Plastics, Inc. Comet Acoustics, Inc. CW Management Corporation Collins & Aikman Interiors, Inc. Gamble Development Company Collins & Aikman Corporation
Harold L Glasser
see attachment
General Unsecured
3532
Harold L Glasser
see attachment
General Unsecured
3533
Harold L Glasser
see attachment
General Unsecured
3534
Harold L Glasser
see attachment
General Unsecured
3535
Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser
see attachment see attachment see attachment see attachment see attachment see attachment see attachment
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser Harold L Glasser
see attachment see attachment see attachment see attachment see attachment see attachment see attachment see attachment See Attachment See attachment see attachment
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
4178 4180 4188 4189 4199 4200 4203 4204 4311 4314 3527
$1,187,532.50 $1,187,532.50
Secured Secured
Collins & Aikman Corporation Collins & Aikman Products Co. Collins & Aikman Development Company Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Asset Services, Inc. Dura Convertible Systems, Inc. Wickes Asset Management, Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
4408 4407
James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove
$1,183,762.00
General Unsecured
3624
$1,183,762.00
General Unsecured
3625
$1,183,762.00
General Unsecured
3628
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 19 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Europe, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Products Co. Comet Acoustics, Inc. CW Management Corporation Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Amco Convertible Fabrics, Inc. Brut Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive International, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Properties, Inc. Gamble Development Company Collins & Aikman Interiors, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Wickes Manufacturing Company Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Overseas Investment, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Corporation
James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove
$1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00 $1,183,762.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
3630 3631 3635 3637 3638 3639 3641 3642 3645 3647
$1,183,762.00
General Unsecured
3652
$1,183,762.00
General Unsecured
3654
James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove James M Van Tatenhove
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$1,183,762.00 $1,183,762.00
3662 3663
$1,183,762.00
General Unsecured
3946
$1,183,762.00
General Unsecured
4696
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
$637,160.00 $637,160.00
3878 4015
$352,460.00
Secured
Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation
5961
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
$352,460.00 $352,460.00
Secured Secured
4491 4013
$56,401.87
General Unsecured
Collins & Aikman Corporation Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.)
1472
$56,401.87
General Unsecured
4016
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 20 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured
Debtor Name Wickes Manufacturing Company CW Management Corporation Collins & Aikman Products Co. Collins & Aikman International Corporation Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Owosso Thermal Forming, LLC Amco Convertible Fabrics, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Asset Services, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Properties, Inc. Comet Acoustics, Inc. Dura Convertible Systems, Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman Development Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Europe, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Gamble Development Company Wickes Asset Management, Inc. Collins & Aikman Corporation
$674,064.00 $674,064.00
3573 3574
Lawrence P Friedman
$674,064.00
General Unsecured
3575
Lawrence P Friedman
$674,064.00
General Unsecured
3580
$674,064.00 $674,064.00
3581 3582
Lawrence P Friedman
$674,064.00
General Unsecured
3584
Lawrence P Friedman
$674,064.00
General Unsecured
3585
Lawrence P Friedman
$674,064.00
General Unsecured
3586
Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$674,064.00 $674,064.00
3595 3596
Lawrence P Friedman
$674,064.00
General Unsecured
3597
Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman Lawrence P Friedman
$674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00 $674,064.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
3598 3599 3600 3601 3603 3604 3962 4646 4648 4684 3583
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 21 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name
Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Products Co. Wickes Asset Management, Inc. Collins & Aikman Europe, Inc. Owosso Thermal Forming, LLC JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman International Corporation Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Development Company Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Interiors, Inc. Gamble Development Company Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Canada Domestic Holding Company Wickes Manufacturing Company CW Management Corporation New Baltimore Holdings, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Comet Acoustics, Inc. Collins & Aikman Automotive Services, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Asset Services, Inc. Dura Convertible Systems, Inc. Collins & Aikman Plastics, Inc.
Sanford Sigoloff
$5,912,476.00
General Unsecured
3701
Sanford Sigoloff
$5,912,476.00
General Unsecured
3702
Sanford Sigoloff
$5,912,476.00
General Unsecured
3703
$5,912,476.00 $5,912,476.00
3704 3705
Sanford Sigoloff
$5,912,476.00
General Unsecured
3706
Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff Sanford Sigoloff
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Sanford Sigoloff
$5,912,476.00
General Unsecured
3721
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 22 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Properties, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Brut Plastics, Inc. Collins & Aikman Corporation Collins & Aikman Properties, Inc. Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Europe, Inc. Collins & Aikman Development Company Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Canada Domestic Holding Company Collins & Aikman Products Co. Collins & Aikman Corporation
Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc
$294,378.34
General Unsecured
3809
Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc Buckeye Polymers Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$294,378.34
General Unsecured
3940
$294,378.34
General Unsecured
3942
$294,378.34
General Unsecured
4231
$294,378.34
General Unsecured
4233
$294,378.34 $294,378.34
4235 4236
$294,378.34
General Unsecured
4239
$294,378.34
General Unsecured
4241
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 23 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive Overseas Investment, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Manufacturing Company Wickes Asset Management, Inc. Gamble Development Company CW Management Corporation Collins & Aikman Properties, Inc. Comet Acoustics, Inc. New Baltimore Holdings, LLC Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Products Co. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive International Services, Inc. Collins & Aikman Europe, Inc. Collins & Aikman Development Company Dura Convertible Systems, Inc. Collins & Aikman Automotive Services, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
Unliquidated
Priority
4069
Unliquidated
Priority
4071
Unliquidated
Priority
4073
Unliquidated Unliquidated
Priority Priority
4074 4076
Unliquidated
Priority
4227
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated
Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority Priority
4248 4254 4259 4265 4271 4276 4279 4281 4284 4287 4291 4293
Unliquidated
Priority
4296
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Unliquidated
Priority
4304
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Unliquidated
Priority
4331
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 24 of 60
Exhibit K
Multi-Debtor Claims
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Debtor Name Collins & Aikman (Gibraltar) Limited Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Corporation Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive Overseas Investment, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Manufacturing Company Wickes Asset Management, Inc. Gamble Development Company CW Management Corporation Collins & Aikman Properties, Inc. Comet Acoustics, Inc. New Baltimore Holdings, LLC Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Products Co. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive International Services, Inc. Collins & Aikman Europe, Inc. Collins & Aikman Development Company Dura Convertible Systems, Inc. Collins & Aikman Automotive Services, LLC
Unliquidated
Secured
4340
Unliquidated
Secured
4069
Unliquidated
Secured
4071
Unliquidated
Secured
4073
Unliquidated Unliquidated
Secured Secured
4074 4076
Unliquidated
Secured
4227
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated Unliquidated
Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured
4248 4254 4259 4265 4271 4276 4279 4281 4284 4287 4291 4293
Unliquidated
Secured
4296
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
Unliquidated
Secured
4304
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 25 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Amco Convertible Fabrics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman (Gibraltar) Limited Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman Corporation
Unliquidated Unliquidated
Secured Secured
4331 4332
Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Firemans Fund Insurance Company et al Creative Technology Inc fka Nihon Proto 5300-1 Nakaze Hamamatsu City Shizuoka Japan Creative Technology Inc fka Nihon Proto 5300 1 Nakaze Hamamatsu City Shizuoka Japan
$308,097.12
General Unsecured
Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
1088
$308,097.12
General Unsecured
4816
$25,000.00
General Unsecured
Collins & Aikman Corporation Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Products Co.
3773
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
$25,000.00 $25,000.00
4499 3741
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation Collins & Aikman Products Co.
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited A B Emblem a Division of Conrad Industries Inc A B Emblem a Division of Conrad Industries Inc
$5,600.00 $5,600.00
4844 3742
$270,455.52 $270,455.52
Collins & Aikman Products Co. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
3961 3892
A B Emblem a Division of Conrad Industries Inc A B Emblem a Division of Conrad Industries Inc
$270,455.52 $270,455.52
3894 3912
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
$119,035.00 $119,035.00
4345 4505
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Products Co. Collins & Aikman Corporation
$182,500.00
Secured
Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation
4835
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
$182,500.00 $182,500.00
Secured Secured
4495 4507
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 26 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
Claim Amount
Nature of Claim
$7,702.11 $7,702.11
Debtor Name Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) JPS Automotive, Inc. (d/b/a PACJ, Inc.)
4730 3793
Van Dorn Demag Corporation dba Demag Plastics Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Dermag Plastics Group Corporation
$7,702.11
General Unsecured
4359
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$7,702.11 $7,702.11
4423 4467
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$7,702.11 $7,702.11
4698 5226
$409,476.59 $409,476.59
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation
6046 4899
$409,476.59 $409,476.59
5011 3817
Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited Phillips Tool & Mould London Limited
Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Products Co. Collins & Aikman Corporation
Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Automotive International Services, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Properties, Inc. Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Development Company Amco Convertible Fabrics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib
Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib Jose Alberto Sidaoui Dib
$876,600.00
General Unsecured
4156
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 27 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
$876,600.00
General Unsecured
4165
$876,600.00 $876,600.00
4167 4142
$949,650.00
General Unsecured
Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Mats, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Amco Convertible Fabrics, Inc. Collins & Aikman International Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Products Co. Collins & Aikman Plastics, Inc. Collins & Aikman Development Company Collins & Aikman Automotive Services, LLC Collins & Aikman Corporation
4205
Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib
$949,650.00
General Unsecured
4175
$949,650.00 $949,650.00
4177 4181
Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib Pablo Felipe Sidaoui Dib
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$2,820,500.00 $2,820,500.00
Secured Secured
4796 4797
$282,232.48 $282,232.48
Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Asset Services, Inc.
6011 5825
$282,232.48
General Unsecured
5859
$282,232.48
General Unsecured
5867
$282,232.48
General Unsecured
5908
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 28 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Anchor Tool & Die Anchor Tool & Die Anchor Tool & Die
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Properties, Inc. Wickes Asset Management, Inc. Collins & Aikman Plastics, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation CW Management Corporation Comet Acoustics, Inc. Dura Convertible Systems, Inc. Gamble Development Company Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Products Co. Collins & Aikman (Gibraltar) Limited Brut Plastics, Inc. Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.)
4632
$62,106.64 $62,106.64
Secured Secured
8136 3875
$62,106.64 $62,106.64
Secured Secured
3876 4056
$62,106.64
Secured
4057
Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation
$62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64 $62,106.64
Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured
4059 4060 4063 4437 4438 4439 4515 4516 4517 4518 4704
$62,106.64 $62,106.64
Secured Secured
4709 4713
$62,106.64
Secured
4758
Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation
$62,106.64
Secured
5138
$62,106.64
Secured
5140
$62,106.64
Secured
5156
$62,106.64
Secured
5161
$62,106.64
Secured
5164
$62,106.64 $62,106.64
Secured Secured
5166 5167
$62,106.64
Secured
5205
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 29 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation Northern Engraving Corporation
Debtor Name New Baltimore Holdings, LLC JPS Automotive, Inc. (d/b/a PACJ, Inc.) Wickes Manufacturing Company Collins & Aikman Corporation
4761
$16,772,537.87 $16,772,537.87
Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
5075 5095
$16,772,537.87 $16,772,537.87
5096 4756
Delphi Automotive Systems LLC Delphi Automotive Systems LLC Delphi Automotive Systems LLC Delphi Automotive Systems LLC Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Corporation
$3,745.66
General Unsecured
$3,745.66 $3,745.66
Collins & Aikman Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
4469
3727 3790
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $3,745.66 dba Demag $3,745.66 dba Demag $3,745.66 dba Demag $3,745.66 General Unsecured General Unsecured General Unsecured General Unsecured
$3,745.66
General Unsecured
4351
$3,745.66
General Unsecured
4369
$3,745.66
General Unsecured
4716
Van Dorn Demag Corporation dba Dermag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$22,576.01
General Unsecured
$22,576.01 $22,576.01
Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Products Co. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
4367
3728 3803
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $22,576.01 dba Demag $22,576.01 dba Demag $22,576.01 dba Demag $22,576.01 General Unsecured General Unsecured General Unsecured General Unsecured
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Dermag Plastics Group Corporation
$22,576.01 $22,576.01
4349 4352
$22,576.01
General Unsecured
4719
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 30 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation dba Demag
Debtor Name Collins & Aikman Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation Collins & Aikman Carpet & Acoustics (TN), Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
$6,830.43 dba Demag $6,830.43 dba Demag $6,830.43 dba Demag $6,830.43
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$6,830.43 $6,830.43
4341 4344
$6,830.43
General Unsecured
4346
$6,830.43
General Unsecured
4365
$6,830.43
General Unsecured
4724
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Dermag Plastics Group Corporation
$19,051.81 $19,051.81
4406 3798
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $19,051.81 dba Demag $19,051.81 dba Demag $19,051.81 dba Demag $19,051.81 dba Demag $19,051.81 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$19,051.81
General Unsecured
4348
$19,051.81
General Unsecured
4362
$19,051.81
General Unsecured
4727
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$238.45 $238.45
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold)
4701 3794
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $238.45 dba Demag $238.45 dba Demag $238.45 dba Demag $238.45 dba Dermag $238.45 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$238.45
General Unsecured
4361
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$238.45
General Unsecured
4422
$238.45
General Unsecured
4733
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 31 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold)
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$28,928.02 $28,928.02
4707 3792
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $28,928.02 dba Demag $28,928.02 dba Demag $28,928.02 dba Demag $28,928.02 dba Dermag $28,928.02 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$28,928.02
General Unsecured
4371
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$28,928.02
General Unsecured
4420
$28,928.02
General Unsecured
4735
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold)
Van Dorn Demag Corporation dba Demag Plastics Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$26,657.61
General Unsecured
4353
Van Dorn Demag Corporation dba Dermag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$26,657.61 $26,657.61
4370 4571
$26,657.61
General Unsecured
4742
$325,814.70 $325,814.70
Secured Secured
7994 5195
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
General Unsecured
Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
5247
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
General Unsecured
5248
See attached
General Unsecured
Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Mats, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Interiors, Inc.
5258
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
General Unsecured
5261
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
General Unsecured
5263
See attached
General Unsecured
5265
See attached
General Unsecured
5268
See attached
General Unsecured
5270
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 32 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
Claim Amount
Nature of Claim
Debtor Name
See attached
General Unsecured
7288
See Attached
General Unsecured
Collins & Aikman Products Co. Dura Convertible Systems, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.)
8064
See Attached
General Unsecured
8065
See Attached
General Unsecured
8066
See attached
General Unsecured
5260
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See Attached
Secured
JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation)
8066
See attached
Secured
5247
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
Secured
5248
See attached
Secured
Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Mats, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Interiors, Inc.
5258
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
Secured
5261
General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries General Motors Corporation on Behalf of Itself and its Affiliates and Subsidiaries
See attached
Secured
5263
See attached
Secured
5265
See attached
Secured
5268
See attached
Secured
5270
See attached
Secured
7288
See Attached
Secured
8064
See Attached
Secured
8065
See attached
Secured
Collins & Aikman Corporation Collins & Aikman Carpet & Acoustics (MI), Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) New Baltimore Holdings, LLC Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Brut Plastics, Inc. Comet Acoustics, Inc. Wickes Manufacturing Company Collins & Aikman (Gibraltar) Limited Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Asset Services, Inc. Amco Convertible Fabrics, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.)
5260
Ronald D Strongwater
$369,466.00
General Unsecured
4749
$369,466.00 $369,466.00
3618 3619
Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$369,466.00 $369,466.00
3633 3634
Ronald D Strongwater
$369,466.00
General Unsecured
3646
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 33 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured
Debtor Name Gamble Development Company Collins & Aikman Products Co. CW Management Corporation Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Development Company Collins & Aikman Interiors, Inc. Wickes Asset Management, Inc. Collins & Aikman International Corporation Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive International Services, Inc. Owosso Thermal Forming, LLC Dura Convertible Systems, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
Ronald D Strongwater
$369,466.00
General Unsecured
3653
Ronald D Strongwater
$369,466.00
General Unsecured
3655
Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$369,466.00 $369,466.00
3681 3683
Ronald D Strongwater
$369,466.00
General Unsecured
3688
Ronald D Strongwater
$369,466.00
General Unsecured
3689
Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater Ronald D Strongwater
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$369,466.00 $369,466.00
4748 4746
Amco Convertible Fabrics, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.)
$1,814,353.00 $1,814,353.00
3887 3888
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3890
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3895
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3952
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3953
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 34 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Wickes Manufacturing Company New Baltimore Holdings, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Properties, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Collins & Aikman Products Co. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Dura Convertible Systems, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) CW Management Corporation Gamble Development Company Owosso Thermal Forming, LLC Comet Acoustics, Inc. Wickes Asset Management, Inc. Collins & Aikman Automotive International, Inc. Brut Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3954
Wilhelm A Mallory
$1,814,353.00
General Unsecured
3955
Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory
$1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00 $1,814,353.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
3959 3960 3963 3964 3965 3966 3967 3969 3971 4206
Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory Wilhelm A Mallory
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$1,814,353.00 $1,814,353.00
4736 4738
$1,814,353.00 $1,814,353.00
4741 4737
$836,445.00 $836,445.00
Amco Convertible Fabrics, Inc. Collins & Aikman International Corporation Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Wickes Manufacturing Company Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Development Company New Baltimore Holdings, LLC Collins & Aikman Products Co. Collins & Aikman Automotive Mats, LLC Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.)
4734 3896
$836,445.00 $836,445.00
3898 4212
Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Seymour Strasberg
$836,445.00
General Unsecured
4267
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 35 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name CW Management Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Wickes Asset Management, Inc. Collins & Aikman Automotive International Services, Inc. Comet Acoustics, Inc. Collins & Aikman Europe, Inc. Gamble Development Company Dura Convertible Systems, Inc. Owosso Thermal Forming, LLC Collins & Aikman Interiors, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Properties, Inc. Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Brut Plastics, Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Asset Services, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Corporation
Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg Seymour Strasberg
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Seymour Strasberg
$836,445.00
General Unsecured
4672
Seymour Strasberg
$836,445.00
General Unsecured
4702
Seymour Strasberg
$836,445.00
General Unsecured
4718
$836,445.00 $836,445.00
4721 4723
Seymour Strasberg
$836,445.00
General Unsecured
4725
Seymour Strasberg
$836,445.00
General Unsecured
4731
$836,445.00 $836,445.00
4732 4720
4656 5642
$262,094.41 $262,094.41
Collins & Aikman Canada Domestic Holding Company Collins & Aikman Development Company Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Properties, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. Amco Convertible Fabrics, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.)
7442 4602
$262,094.41 $262,094.41
4852 4854
Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 36 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Gamble Development Company Dura Convertible Systems, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Europe, Inc. Collins & Aikman Automotive International, Inc. Wickes Manufacturing Company Wickes Asset Management, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. New Baltimore Holdings, LLC CW Management Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman International Corporation Brut Plastics, Inc.
$262,094.41
General Unsecured
4976
$262,094.41
General Unsecured
4983
Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation Casco Products Corporation
$262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41 $262,094.41
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
5838 5852 5889 5899 5917 5973 5974 5977 6114 7438 4588
4908 4902
Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division
51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment)
Brut Plastics, Inc. Collins & Aikman Asset Services, Inc. Gamble Development Company Dura Convertible Systems, Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Europe, Inc. Collins & Aikman Products Co. Collins & Aikman Plastics, Inc. Collins & Aikman International Corporation Comet Acoustics, Inc. Collins & Aikman Properties, Inc. CW Management Corporation Amco Convertible Fabrics, Inc. Wickes Manufacturing Company Wickes Asset Management, Inc.
Secured
5731
Decoma International Corp Rimply Division Decoma International Corp Rimply Division
Secured Secured
5775 5778
Secured
5779
Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division
51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment)
Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured Secured
5781 5783 5784 5787 5793 5794 5795 5796 5797 5798 5799
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 37 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Decoma International Corp Rimply Division Decoma International Corp Rimply Division
Secured Secured
Debtor Name Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) New Baltimore Holdings, LLC Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Development Company Collins & Aikman (Gibraltar) Limited Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
5800 5801
Secured
5802
Secured
5809
Secured
5811
Secured
5812
Decoma International Corp Rimply Division Decoma International Corp Rimply Division
Secured Secured
5816 5819
Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division Decoma International Corp Rimply Division
51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment) 51287.73 (see attachment)
Decoma International Corp Rimply Division Decoma International Corp Rimply Division
Secured Secured
5968 6236
Decoma International Corp Rimply Division Decoma International Corp Rimply Division
Secured Secured
6700 4623
$252,130.12
General Unsecured
Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Plastics, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc.
5671
$252,130.12
General Unsecured
5476
$252,130.12
General Unsecured
5477
$252,130.12
General Unsecured
5479
$252,130.12
General Unsecured
5481
$252,130.12
General Unsecured
5482
$252,130.12 $252,130.12
5484 5486
$252,130.12
General Unsecured
5488
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 38 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation Collins & Aikman Products Co. Collins & Aikman Properties, Inc. Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Amco Convertible Fabrics, Inc. Brut Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman (Gibraltar) Limited Collins & Aikman Corporation
Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$252,130.12
General Unsecured
5500
Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc Autoliv ASP Inc
$252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12 $252,130.12
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
5501 5503 5505 5506 5508 5509 5511 5512 5514 5516 5518 5521 5523 5526
$323,547.98 $323,547.98
Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
5230 5077
$323,547.98 $323,547.98
5079 5092
5677 5249
Collins & Aikman Products Co. Collins & Aikman Corporation Brut Plastics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Mats, LLC JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc.
Ford Motor Company Ford Motor Company Ford Motor Company Ford Motor Company Ford Motor Company
See attached addendum See attached addendum See attached addendum See attached addendum See attached addendum
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
6219 6759
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 39 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Comet Acoustics, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. New Baltimore Holdings, LLC Collins & Aikman Products Co.
General Unsecured
6761
General Unsecured
6762
6764 6766
Ford Motor Company Ford Motor Company Ford Motor Company Ford Motor Company
See Attached Addendum See Attached Addendum See attached addendum See Attached Addendum
Secured Secured
New Baltimore Holdings, LLC Brut Plastics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Mats, LLC JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Automotive Overseas Investment, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Comet Acoustics, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co.
6819 6139
Ford Motor Company Ford Motor Company Ford Motor Company Ford Motor Company Ford Motor Company
See attached addendum See attached addendum See attached addendum See attached addendum See attached addendum
Secured
6761
Secured
6762
Secured Secured
6764 6766
Stephanie Rusaw a Minor by Dale Rusaw her Father Natural Guardian and Next Friend Stephanie Rusaw a Minor by Dale Rusaw her Father Natural Guardian and Next Friend
General Unsecured
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
5937
General Unsecured
5930
William Morin aka William Morin by Richard Morin his Father Natural Guardian and Next Friend William Morin aka William Morin a Minor by Richard Morin his Father Natural Guardian and Next Friend
General Unsecured
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
5934
General Unsecured
6186
Secured
Collins & Aikman Canada Domestic Holding Company Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) CW Management Corporation Collins & Aikman Interiors, Inc.
7444
Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 40 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division
Secured
Debtor Name Gamble Development Company Dura Convertible Systems, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman (Gibraltar) Limited Owosso Thermal Forming, LLC Collins & Aikman Europe, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Asset Services, Inc. Collins & Aikman Development Company Comet Acoustics, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Properties, Inc. Brut Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Automotive Services, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Wickes Asset Management, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Wickes Manufacturing Company Collins & Aikman Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Amco Convertible Fabrics, Inc. Collins & Aikman International Corporation Collins & Aikman Corporation
4965
Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division
International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) Secured Secured Secured Secured Secured
International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) Secured Secured Secured Secured
Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division
International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) Secured Secured Secured Secured Secured Secured
Secured
5862
Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division
Decoma International Corp Polybrite Division Decoma International Corp Polybrite Division Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division Decoma Division International Corp Polybrite
Secured
5913
Secured
6006
67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment) International Corp Polybrite 67890.68 (see attachment)
Joshua Kalar Rondeau a Minor aka Joshua Kalar a Minor by Patricia M Kalar his Mother Natural Guardian and Next Friend Joshua Kalar Rondeau a Minor aka Joshua Kalar a Minor by Patricia M Kalar his Mother Natural Guardian and Next Friend
General Unsecured
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
5921
General Unsecured
6175
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 41 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Jeremy Kalar Rondeau a Minor aka Jeremy Kalar a Minor by Patricia M Kalar his Mother Natural Guardian and Next Friend Jeremy Kalar Rondeau a Minor aka Jeremy Kalar a Minor by Patricia M Kalar his Mother Natural Guardian and Next Friend Intier Automotive Closures Inc Dortec Industries Division
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.)
General Unsecured
5927
General Unsecured
Collins & Aikman Products Co. Collins & Aikman International Corporation Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Europe, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) CW Management Corporation Gamble Development Company Dura Convertible Systems, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Asset Services, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Development Company Comet Acoustics, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Properties, Inc. Brut Plastics, Inc. Collins & Aikman Products Co. Wickes Manufacturing Company Collins & Aikman Automotive International, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive Overseas Investment, Inc. Wickes Asset Management, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Canada Domestic Holding Company Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) New Baltimore Holdings, LLC Collins & Aikman (Gibraltar) Limited Collins & Aikman Interiors, Inc. Collins & Aikman Carpet & Acoustics (MI), Inc.
6173
Secured
7439
Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division
Secured Secured
4603 4637
Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division
Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Secured Secured Secured Secured
Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division
Secured
4960
Secured Secured
4972 5139
Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division
Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Secured Secured Secured Secured Secured
Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division
Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Secured Secured Secured Secured Secured
Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division
Secured Secured
5850 5857
Secured Secured
5860 5863
Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division Intier Automotive Closures Inc Dortec Industries Division
Secured
5873
Secured
5885
Secured
5894
Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division
Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Secured Secured Secured Secured Secured
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 42 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Intier Automotive Closures Industries Division Inc Dortec
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive International Services, Inc. Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Services, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Corporation Dura Convertible Systems, Inc. Comet Acoustics, Inc. Collins & Aikman Automotive Overseas Investment, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Gamble Development Company Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman International Corporation Collins & Aikman (Gibraltar) Limited Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive International, Inc. CW Management Corporation Collins & Aikman Automotive Services, LLC Collins & Aikman Asset Services, Inc. Collins & Aikman Products Co. Wickes Asset Management, Inc. Collins & Aikman Automotive International Services, Inc.
109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment) Inc Dortec 109238.70 (see attachment)
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Avdel Cherry Textron Inc Textron Inc an Affiliate of
$48,501.00 $48,501.00
8250 4374
$48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Textron Inc an Affiliate of
$48,501.00
General Unsecured
5225
$48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$48,501.00
General Unsecured
5709
$48,501.00
General Unsecured
5723
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Avdel Cherry Textron Inc Textron Inc an Affiliate of
$48,501.00
General Unsecured
6021
$48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00 Textron Inc an Affiliate of $48,501.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$48,501.00
General Unsecured
6693
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 43 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc
Debtor Name Collins & Aikman Europe, Inc. Wickes Manufacturing Company Collins & Aikman Development Company Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Canada Domestic Holding Company Collins & Aikman Corporation
Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc Avdel Cherry Textron Inc an Affiliate of Textron Inc
$48,501.00
General Unsecured
7459
$48,501.00 $48,501.00
7530 5997
Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc
Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Canada Domestic Holding Company Comet Acoustics, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Europe, Inc. Gamble Development Company Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Overseas Investment, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Products Co. Collins & Aikman International Corporation Collins & Aikman (Gibraltar) Limited Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) CW Management Corporation Collins & Aikman Automotive Services, LLC Collins & Aikman Asset Services, Inc. Wickes Asset Management, Inc. Collins & Aikman Development Company
Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties and Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc
Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc
$3,391.00
General Unsecured
5224
$3,391.00
General Unsecured
5297
$3,391.00
General Unsecured
5301
Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc
Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of 3391.00 Specialties an Affiliate of $3,391.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc
Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$3,391.00
General Unsecured
5999
Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc Wolverine Metal Textron Inc
Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 Specialties an Affiliate of $3,391.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 44 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc
$3,391.00 $3,391.00
Debtor Name Wickes Manufacturing Company Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Dura Convertible Systems, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
6648 6649
$3,391.00
General Unsecured
6699
Wolverine Metal Specialties an Affiliate of Textron Inc Wolverine Metal Specialties an Affiliate of Textron Inc
$3,391.00 $3,391.00
7461 5998
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Canada Domestic Holding Company Comet Acoustics, Inc. Collins & Aikman Interiors, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Properties, Inc. New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Europe, Inc. Gamble Development Company Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Overseas Investment, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman International Corporation Collins & Aikman (Gibraltar) Limited Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) CW Management Corporation Collins & Aikman Automotive Services, LLC Wickes Asset Management, Inc.
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
$91,721.00
General Unsecured
5222
$91,721.00
General Unsecured
5298
$91,721.00
General Unsecured
5300
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
$91,721.00 $91,721.00
5680 5682
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an Affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$91,721.00
General Unsecured
6013
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an Affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an Affiliate of Textron Inc
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 45 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive International Services, Inc. Collins & Aikman Development Company Wickes Manufacturing Company Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Dura Convertible Systems, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Products Co.
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
Elco Textron Inc an affiliate of Textron Inc Elco Textron Inc an affiliate of Textron Inc
$91,721.00 $91,721.00
7464 6001
$1,194,436.09
General Unsecured
6063
$1,194,436.09
General Unsecured
6058
E R Wagner Manufacturing Company Hinges & Stamping Division E R Wagner Manufacturing Company Hinges & Stamping Division E R Wagner Manufacturing Company Hinges & Stamping Division
Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc
Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an affiliate of $17,022.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Collins & Aikman Canada Domestic Holding Company Comet Acoustics, Inc. New Baltimore Holdings, LLC Collins & Aikman Asset Services, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Owosso Thermal Forming, LLC Collins & Aikman Properties, Inc. Collins & Aikman Automotive Mats, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Europe, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Gamble Development Company Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman International Corporation
$17,022.00
General Unsecured
5036
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
$17,022.00 $17,022.00
5106 5130
$17,022.00 $17,022.00
5134 5208
$17,022.00
General Unsecured
5299
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
$17,022.00 $17,022.00
5679 5683
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
$17,022.00 $17,022.00
5706 5761
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 46 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
Debtor Name Collins & Aikman (Gibraltar) Limited Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) CW Management Corporation Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive Services, LLC Collins & Aikman Interiors, Inc. Wickes Asset Management, Inc. Collins & Aikman Development Company Wickes Manufacturing Company Dura Convertible Systems, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive International Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) New Baltimore Holdings, LLC Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Owosso Thermal Forming, LLC Gamble Development Company Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive Mats, LLC Comet Acoustics, Inc. Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Products Co. Collins & Aikman Asset Services, Inc. Collins & Aikman Plastics, Inc.
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
$17,022.00 $17,022.00
6010 6024
Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc Ring Screw Textron Textron Inc
Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 Inc an Affiliate of $17,022.00 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc
$17,022.00
General Unsecured
6644
$17,022.00
General Unsecured
6695
Ring Screw Textron Inc an Affiliate of Textron Inc Ring Screw Textron Inc an Affiliate of Textron Inc Textron Financial Corporation as assignee from IAC Tax V LLC
$17,022.00 17022.00
7467 6002
Secured
7435
Secured
31
Not less than 58489197.47 no less than 58489197.47 no less than 58489197.47
32 4382 4651
Secured
4660
Secured
5305
Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation
no less than 58489197.47 no less than 58489197.47 no less than 58489197.47 no less than 58489197.47 no less than 58489197.47 no less than 58489197.47 no less than 58489197.47
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 47 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman International Corporation Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Europe, Inc. Wickes Asset Management, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Dura Convertible Systems, Inc. Wickes Manufacturing Company CW Management Corporation Collins & Aikman Automotive International Services, Inc. Collins & Aikman Canada Domestic Holding Company Collins & Aikman Development Company Collins & Aikman Automotive Services, LLC Collins & Aikman Corporation
Textron Financial Corporation as assignee from IAC Tax V LLC Textron Financial Corporation as assignee from IAC Tax V LLC Textron Financial Corporation
Secured
5918
Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation
No less than 58489197.47 No less than 58489197.47 No less than 58489197.47 no less than 58489197.47 no less than 58489197.47
Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation
no less than 58489197.47 no less than 58489197.47 No less than 58489197.47 no less than 58489197.47
Secured
6697
Textron Financial Corporation Textron Financial Corporation Textron Financial Corporation as assignee from IAC Tax V LLC Textron Financial Corporation
no less than 58489197.47 no less than 58489197.47 no less than 58489197.47 No less than 58489197.47
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5744 5757
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5755 5758
Collins & Aikman Products Co. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Corporation
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5743 5751
Naomi L Preble aka Naomi Preble Naomi L Preble aka Naomi Preble
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5746 5750
Collins & Aikman Canada Domestic Holding Company Comet Acoustics, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Amco Convertible Fabrics, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.)
7531 4373
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 48 of 60
Exhibit K
Multi-Debtor Claims
Claim Amount No Less Than 3000000.00 No Less Than 3000000.00 No Less Than 3000000.00
Debtor Name Owosso Thermal Forming, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Gamble Development Company Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) CW Management Corporation Collins & Aikman Automotive Services, LLC Collins & Aikman Asset Services, Inc. Collins & Aikman Products Co. Wickes Asset Management, Inc. Dura Convertible Systems, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman International Corporation Collins & Aikman Development Company Wickes Manufacturing Company Collins & Aikman Europe, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
Textron Inc
General Unsecured
5094
5136 5223
Textron Inc
General Unsecured
5227
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
No Less Than 3000000.00 No less than 3000000.00 no less than 3000000.00 No Less Than 3000000.00 no less than 3000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Textron Inc
General Unsecured
5710
No Less Than 3000000.00 No less than 3000000 No less than 3000000.00 No less than 3000000.00
Textron Inc
General Unsecured
5975
Textron Inc
General Unsecured
6003
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
no less than 3000000.00 no less than 3000000.00 No less than 3000000.00 No less than 3000000.00 No Less Than 3000000.00 No Less Than 3000000.00 No less than 3000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
No Less Than 3000000.00 no less than 3000000.00 No less than 3000000.00 No less than 3000000.00 no less than 3000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
7417 5840
Kenneth A Kalar aka Ken A Kalar Kenneth A Kalar aka Ken A Kalar
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5749 5747
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 49 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Europe, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Amco Convertible Fabrics, Inc. Comet Acoustics, Inc. Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Gamble Development Company Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman (Gibraltar) Limited Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Wickes Asset Management, Inc. Collins & Aikman Products Co. Collins & Aikman International Corporation Collins & Aikman Automotive Services, LLC Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Plastics, Inc. CW Management Corporation Wickes Manufacturing Company Collins & Aikman Development Company
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
$69,499.00
General Unsecured
5099
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
$69,499.00 $69,499.00
5174 5178
$69,499.00
General Unsecured
5309
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$69,499.00
General Unsecured
5687
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
$69,499.00 $69,499.00
5716 5732
$69,499.00
General Unsecured
5737
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 50 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Automotive International Services, Inc. Dura Convertible Systems, Inc. Collins & Aikman Interiors, Inc. Collins & Aikman Corporation Collins & Aikman Interiors, Inc. Amco Convertible Fabrics, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Comet Acoustics, Inc. Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) New Baltimore Holdings, LLC Gamble Development Company Collins & Aikman Automotive Mats, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Canada Domestic Holding Company Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Wickes Asset Management, Inc. Collins & Aikman Products Co. Collins & Aikman International Corporation Collins & Aikman Automotive Services, LLC Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Europe, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Plastics, Inc.
TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc TFS Canada Ltd an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc
$313,197.85 $313,197.85
7415 4447
Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc
Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 General Unsecured General Unsecured General Unsecured General Unsecured
$313,197.85
General Unsecured
5061
$313,197.85
General Unsecured
5100
Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Inc an Affiliate of
$313,197.85
General Unsecured
5295
$313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85
Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc
$313,197.85 $313,197.85
5691 5714
Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc
$313,197.85
General Unsecured
5717
$313,197.85
General Unsecured
5738
Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc Kautex of Georgia Textron Inc
Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 Inc an Affiliate of $313,197.85 General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc
$313,197.85 $313,197.85
6192 6198
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 51 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Kautex of Georgia Inc an Affiliate of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Inc and E-Z-
Debtor Name CW Management Corporation Wickes Manufacturing Company Collins & Aikman Development Company Collins & Aikman Automotive International Services, Inc. Dura Convertible Systems, Inc. Collins & Aikman Corporation Collins & Aikman Interiors, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Amco Convertible Fabrics, Inc. Comet Acoustics, Inc. Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) New Baltimore Holdings, LLC Gamble Development Company Collins & Aikman Automotive Mats, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. Collins & Aikman Products Co. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive Services, LLC Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Europe, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Asset Services, Inc. Wickes Manufacturing Company Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Plastics, Inc.
$358,114.00
General Unsecured
7436
$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00
Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc
Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 General Unsecured General Unsecured General Unsecured General Unsecured
$358,114.00
General Unsecured
5053
$358,114.00
General Unsecured
5101
Camcar a Division of Textron Inc and E-ZGo a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Inc and E-Z-
$358,114.00
General Unsecured
5304
$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00 Inc and E-Z$358,114.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
$358,114.00
General Unsecured
5692
Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron GO a Division of Textron Inc Camcar a Division of Textron Go a Division of Textron Inc Camcar a Division of Textron GO a Division of Textron Inc Camcar a Division of Textron GO a Division of Textron Inc Camcar a Division of Textron GO a Division of Textron Inc Inc and E Z
$358,114.00 $358,114.00
5736 5942
$358,114.00 Inc and E-Z$358,114.00 Inc and E Z $358,114.00 Inc and E Z $358,114.00 Inc and E Z $358,114.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc
Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc
$358,114.00 $358,114.00
6190 6196
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 52 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc Camcar a Division of Textron Inc and E-ZGo a Division of Textron Inc Camcar a Division of Textron Inc and E Z GO a Division of Textron Inc
Debtor Name CW Management Corporation Collins & Aikman Automotive International Services, Inc. Dura Convertible Systems, Inc. Collins & Aikman International Corporation Collins & Aikman Canada Domestic Holding Company Collins & Aikman Development Company Collins & Aikman Corporation Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Overseas Investment, Inc. Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Collins & Aikman Canada Domestic Holding Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Properties, Inc. Collins & Aikman Automotive Mats, LLC New Baltimore Holdings, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Amco Convertible Fabrics, Inc. Comet Acoustics, Inc. Collins & Aikman International Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Europe, Inc. Gamble Development Company Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Owosso Thermal Forming, LLC Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Automotive Services, LLC Collins & Aikman Plastics, Inc. Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited CW Management Corporation Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive International, Inc. Collins & Aikman Interiors, Inc.
General Unsecured
7526
General Unsecured
4525
General Unsecured
4526
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
no less than 548563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
no less than 548563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
5316 5420
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
no less than 548563.26 no less than 548,563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
General Unsecured
6069
General Unsecured
6076
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
6077 6171
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 53 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
Claim Amount no less than 548563.26 no less than 548563.26 no less than 548563.26 no less than 548563.26
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
Debtor Name Wickes Asset Management, Inc. Collins & Aikman Development Company Wickes Manufacturing Company Dura Convertible Systems, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Asset Services, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Corporation
6634 7430
Kautex Inc an Affiliate of Textron Inc Kautex Inc an Affiliate of Textron Inc
7469 5827
Ivon S Preble Jr aka Ivon Preble Ivon S Preble Jr aka Ivon Preble
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5741 5745
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Products Co.
5748 5742
Textron Inc
General Unsecured
Collins & Aikman Europe, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Asset Services, Inc. Amco Convertible Fabrics, Inc. Comet Acoustics, Inc. Owosso Thermal Forming, LLC Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) New Baltimore Holdings, LLC Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Gamble Development Company Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Properties, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman (Gibraltar) Limited Wickes Asset Management, Inc. Collins & Aikman International Corporation Collins & Aikman Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Automotive Services, LLC Brut Plastics, Inc.
7676
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
No Less Than 17000000.00 no less than 17000000.00 No Less Than 17000000.00 No Less Than 17000000.00 No Less Than 17000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Textron Inc
General Unsecured
5098
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
No Less Than 17000000.00 No Less Than 17000000.00 No less than 17000000.00 no less than 17000000.00 No Less Than 17000000.00 no less than 17000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Textron Inc
General Unsecured
5681
Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc Textron Inc
No Less Than 17000000.00 no less than 17000000.00 No less than 17,000,000 No Less Than 17000000.00 No less than 17000000.00 No less than 17000000.00 No less than 17000000.00 No less than 17000000.00 No less than 17000000.00
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 54 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Textron Inc
General Unsecured
Debtor Name Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Products Co. Collins & Aikman Development Company Collins & Aikman Automotive International Services, Inc. Dura Convertible Systems, Inc. Wickes Manufacturing Company Collins & Aikman Canada Domestic Holding Company CW Management Corporation
5969
Textron Inc
General Unsecured
5981
Textron Inc
General Unsecured
6004
Textron Inc
General Unsecured
6018
7669 6208
Active Burgess
$1,323,685.00
Secured
Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation
5856
$1,323,685.00 $1,323,685.00
Secured Secured
5668 5855
$209,628.73
General Unsecured
Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Corporation
5996
$209,628.73 $209,628.73
4905 6078
Castellons S A Castellons S A
Collins & Aikman Products Co. Collins & Aikman Corporation Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Products Co.
6117 6119
Lydall Thermal Acoustical Sales LLC Lydall Thermal Acoustical Sales LLC
$72,190.50 $72,190.50
6130 6038
7554 7132
Priority Priority
6698 6105
Secured Secured
6698 6105
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 55 of 60
Exhibit K
Multi-Debtor Claims
Debtor Name Collins & Aikman Corporation JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Products Co. Wickes Manufacturing Company Wickes Manufacturing Company Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Products Co. Collins & Aikman Corporation
$377,180.85
Secured
7145
$377,180.85
Secured
7146
$377,180.85 $377,180.85
Secured Secured
7147 7543
Undetermined Undetermined
6774 6773
The Travelers Indemnity Company & Affiliates The Travelers Indemnity Company & Affiliates The Travelers Indemnity Company & Affiliates The Travelers Indemnity Company & Affiliates The Travelers Indemnity Company & Affiliates The Travelers Indemnity Company & Affiliates
Unliquidated
Secured
Unliquidated Unliquidated
Secured Secured
Collins & Aikman Products Co. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation
6098
6092 6097
Orix Structured Finance LLC as Successor in Interest to Orix Financial Services Inc
$7,294,840.52
Secured
JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.)
7666
Orix Structured Finance LLC as Successor in Interest to Orix Financial Services Inc
$7,294,840.52
Secured
7285
Orix Structured Finance LLC as Successor in Interest to Orix Financial Services Inc Orix Structured Finance LLC as Successor in Interest to Orix Financial Services Inc
$7,294,840.52
Secured
7294
$7,294,840.52
Secured
7665
Beirne Maynard & Parsons LLP Beirne Maynard & Parsons LLP
Collins & Aikman Products Co. Wickes Manufacturing Company Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Wickes Asset Management, Inc. Collins & Aikman Corporation Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Automotive International Services, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Automotive Overseas Investment, Inc. Gamble Development Company CW Management Corporation Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.)
6748 5933
Beirne Maynard & Parsons LLP Beirne Maynard & Parsons LLP Beirne Maynard & Parsons LLP
See Attachment A
General Unsecured
8058
See Attachment A
General Unsecured
4468
See Attachment A
General Unsecured
4470
4471 4475
See Attachment A
General Unsecured
5111
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 56 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company
Claim Amount See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Debtor Name Collins & Aikman Interiors, Inc. Wickes Asset Management, Inc. New Baltimore Holdings, LLC Collins & Aikman Carpet & Acoustics (TN), Inc. Amco Convertible Fabrics, Inc. Comet Acoustics, Inc. Collins & Aikman Automotive International, Inc. JPS Automotive, Inc. (d/b/a PACJ, Inc.) Dura Convertible Systems, Inc. Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Products Co. Collins & Aikman Europe, Inc. Collins & Aikman Automotive Services, LLC Wickes Manufacturing Company Owosso Thermal Forming, LLC Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Development Company Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman (Gibraltar) Limited Brut Plastics, Inc. Collins & Aikman Asset Services, Inc. Collins & Aikman International Corporation Collins & Aikman Automotive Mats, LLC Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Canada Domestic Holding Company Collins & Aikman Corporation
Claim # (omitted for voting purposes) 5113 5252 5254 6715 6716 6717
See Attachment A
General Unsecured
8038
8039 8041
Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company
See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
8048 8049
Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company Century Indemnity Company
See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
See Attachment A
General Unsecured
8056
8057 8040
Sidler Inc
$704,271.73
Secured
Collins & Aikman Products Co. Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Corporation
6485
Sidler Inc
$704,271.73
Secured
6468
$704,271.73 $704,271.73
Secured Secured
6484 6483
$4,819,940.58 $4,819,940.58
6486 6488
$1,487,689.00 $1,487,589.00
5658 6848
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 57 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Johnson Controls Inc Johnson Controls Inc Conopco Inc Successor in Interest to Chesebrough Ponds Inc Conopco Inc Successor in Interest to Chesebrough Ponds Inc
Debtor Name Collins & Aikman Products Co. Collins & Aikman Corporation
6848
Collins & Aikman Products Co. Collins & Aikman Corporation Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Corporation Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Corporation
7266 6847
American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company
American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company American Home Assurance Company
25016510.00 (See Notes) 25016510.00 (See Notes) 25016510.00 (See Notes) 25016510.00 (See Notes) 25016510.00 (See Notes)
Collins & Aikman Products Co. Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Plastics, Inc. Collins & Aikman Corporation
Unliquidated
General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc.
8212
Unliquidated Unliquidated
8216 8217
Unliquidated
General Unsecured
8218
Unliquidated
General Unsecured
8219
Unliquidated
General Unsecured
8220
Unliquidated
General Unsecured
8221
Unliquidated
General Unsecured
8222
Unliquidated Unliquidated
8223 8224
Unliquidated Unliquidated
8225 8226
Unliquidated Unliquidated
8227 8228
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 58 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Nature of Claim General Unsecured General Unsecured General Unsecured General Unsecured
Debtor Name Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Wickes Manufacturing Company Collins & Aikman Corporation Wickes Manufacturing Company Amco Convertible Fabrics, Inc. Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Brut Plastics, Inc. Collins & Aikman (Gibraltar) Limited Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Asset Services, Inc. Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.) Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive International, Inc. Collins & Aikman Automotive International Services, Inc. Collins & Aikman Automotive Mats, LLC Collins & Aikman Automotive Overseas Investment, Inc. Collins & Aikman Automotive Services, LLC
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured General Unsecured
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
$192,000,000.00 $192,000,000.00
Priority Priority
8248 8212
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
$192,000,000.00 $192,000,000.00
Priority Priority
8216 8217
$192,000,000.00
Priority
8218
$192,000,000.00
Priority
8219
$192,000,000.00
Priority
8220
$192,000,000.00
Priority
8221
$192,000,000.00
Priority
8222
$192,000,000.00 $192,000,000.00
Priority Priority
8223 8224
$192,000,000.00 $192,000,000.00
Priority Priority
8225 8226
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 59 of 60
Exhibit K
Multi-Debtor Claims
Creditor Name
Claim Amount
Nature of Claim
Debtor Name Collins & Aikman Canada Domestic Holding Company Collins & Aikman Carpet & Acoustics (MI), Inc. Collins & Aikman Carpet & Acoustics (TN), Inc. Collins & Aikman Development Company Collins & Aikman Europe, Inc. Collins & Aikman Properties, Inc. Collins & Aikman Intellimold, Inc. (f/k/a M&C Advanced Processes, Inc.) Collins & Aikman Interiors, Inc. Collins & Aikman International Corporation Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Comet Acoustics, Inc. CW Management Corporation Dura Convertible Systems, Inc. Gamble Development Company JPS Automotive, Inc. (d/b/a PACJ, Inc.) New Baltimore Holdings, LLC Owosso Thermal Forming, LLC Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.) Wickes Asset Management, Inc. Collins & Aikman Corporation Becker Group, LLC (d/b/a Collins & Aikman Premier Mold) Collins & Aikman Corporation Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Plastics, Inc. Collins & Aikman Products Co. Collins & Aikman Fabrics, Inc. (f/k/a Joan Automotive Industries, Inc.) Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation) Collins & Aikman Carpet & Acoustics (TN), Inc.
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$10,426.50 $10,426.50
4739 3791
$10,426.50
General Unsecured
3893
Van Dorn Demag Corporation Plastics Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation Van Dorn Demag Corporation Plastics Group Corporation
dba Demag $10,426.50 dba Demag $10,426.50 dba Demag $10,426.50 dba Dermag $10,428.50 General Unsecured General Unsecured General Unsecured General Unsecured
$10,426.50
General Unsecured
4421
Van Dorn Demag Corporation dba Demag Plastics Group Corporation Van Dorn Demag Corporation dba Demag Plastics Group Corporation
$10,426.50 $10,426.50
4705 8254
US Department of Justice US Dept of Justice on Behalf of US Environmental Protection Agency and US Dept of the Interior
See Attached
Secured
Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.) JPS Automotive, Inc. (d/b/a PACJ, Inc.) Collins & Aikman Plastics, Inc.
6121
See attached
Secured
8279
8371 8370
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 60 of 60