IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

) ) COLLINS & AIKMAN CORPORATION, et al.1 ) ) Debtors. ) ) ) ) ) ) __________________________________________)

In re:

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

OBJECTIONS OF GARY S. BANKER TO COLLINS & AIKMAN POST-CONSUMMATION TRUSTS SIXTEENTH OMNIBUS OBJECTION TO CLAIMS (SAME DEBT CLAIMS) NOW COMES Gary S. Banker (Claimant) by and through CLARK HILL PLC, and for his Objection to the Collins & Aikman Post-Consummation Trusts (the Trust) Sixteenth Omnibus Objection to Claims (Same Debt Claims), states as follows: 1. Gary Banker seeks to pursue his severance claim #4866 and to reinstate his

shadow plan claim #7309, which was inadvertently expunged by the Trust.
The Debtors in the proposed jointly administered cases include: Collins & Aikman 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. (f/k/a Textron Automotive International Services, Inc.); Collins & Aikman Automotive Mats, LLC; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron 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 Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.); Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.); Collins & Aikman Interiors, Inc.; Collins & Aikman International Corporation; Collins &.Aikman Plastics, Inc.; 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; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.); Wickes Asset Management, Inc.; and Wickes Manufacturing Company.
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2.

Mr. Banker was terminated on February 17, 2005. The first notice he received of

his termination was on the date of termination. A severance agreement was entered into which provided for twelve weeks of severance pay in the total amount of $38,057.31. Mr. Banker received his first severance check on April 1, 2005 and his second severance check on May 2, 2005. He filed priority Claim # 4866 for his severance pay on January 8, 2006 in the amount of $12,475.34. In the 16th Omnibus Objection to Expunge Claims dated March 13, 2008, Claim #4866 was described incorrectly by the Trust as a surviving Shadow Plan claim in the amount of $12,475.35. This mistake was not attributable to Mr. Banker. 3. Mr. Bankers severance claim is severance in lieu of notice. His termination

occurred during the 180 days prior to the Chapter 11 date of filing and therefore that portion of his severance which remained due and owing for the first seventeen days of May 2005 should be treated as a priority claim and reimbursed to Mr. Banker. When Gary Banker received his first severance check on April 1, 2005, one week of severance in the amount of $3,171.45 was removed and was to be paid in his final check which should have been mailed at the end of May 2005. When this amount is added to the severance amount owed for the final payment, the total is $15,646.79. If that amount is divided by the 31 days of May 2005 the daily amount is $504.74. $504.74 multiplied by the 17 days in May 2005 up to the Chapter 11 filing equals a total amount for his priority severance claim of $8,580.58. 4. The C & A Post-Consummation Trust has treated other former employee priority

severance claimants who are similarly situated as priority claimants. See Order Resolving Priority Severance Claims 518, 534 and 1293 Relating to 11th Omnibus Objection, Docket # 9631 and related Stipulation of the Trust at Docket # 9629.

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5.

Gary Bankers shadow plan claim #7309 was improperly expunged. If the Court

reinstates the improperly expunged claim, then Mr. Bankers shadow plan claim #7309 will be presented in conjunction with a group of shadow plan claim participants in Adversary Proceeding 08-04709, Complaint for Declaratory Judgment, Docket #9638 and the related Objections to the Twenty-First Omnibus Objection, Docket #9640. 6. The 16th Omnibus Objection to Expunge Claims dated March 13, 2008, in Exhibit

B listed Gary Bankers claim #7309 in the amount of $11,397.81 as an expunged claim on the basis that there was no support in the books and records of Collins & Aikman and asserted that Mr. Bankers shadow claim should be expunged. On March 25, 2008, Gary Bankers wife, Susan Banker talked to Mr. Burdette, counsel for the Trust, on the phone and explained that Gary Bankers two claims on the 16th Omnibus Objection were in fact separate claims, one for severance and the other for the Shadow Plan. Ms. Banker was told that this was probably a clerical error and that she should e-mail copies of the Proofs of Claim. Susan Banker e-mailed the Proof of Claim copies on March 25, 2008 to Mr. Burdette and requested that the Shadow Plan claim #7309 be removed from the expunged list. See Exhibit A, March 25, 2008 e-mail from Susan Banker to H. William Burdette. 7. At some point in April 2008, Gary Banker received the Trusts 21st Omnibus

Objection to As Filed Claims. Exhibit B purported to show Shadow Plan participants with claims that the C & A Post-Consummation Trust was requesting be changed from priority to unsecured status. Gary Bankers Claim #4866, which was his severance priority claim for $12,475.35, was listed incorrectly by the Trust on Exhibit B as a shadow plan claim, when in fact Claim #4866 was his severance claim and amount, and not his Shadow Plan claim and amount. Upon receipt of the 21st Omnibus Objection, Susan Banker attempted to contact Mr. Burdette by 3
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voicemail and e-mail to clear up and rectify this confusion over the two distinct claims. Mrs. Banker did not receive a response and then inquired with the Kirkland and Ellis offices and Kurtzman Carson Consultants. 8. On April 25, 2008, Susan Banker searched the Kurtzman Carson Consultants

website which listed only one active Claim #7309 for $11,397.81 which was Gary Bankers Shadow Plan claim amount. On April 30, 2008, Sue Banker reached Mr. Burdette by telephone to inquire about the status of Gary Bankers claims for the Shadow Plan and his priority severance and Mr. Burdette advised Ms. Banker that there was only one active claim. Ms. Banker pointed out her email of March 25, 2008 to Mr. Burdette showing the two separate claims and requesting that the Trust consider both claims. Mr. Burdette stated that the Trust would do further research on the matter. 9. Susan Banker received a phone call on May 1, 2008, from Christine Schweninger

on behalf of the Trust advising her that Ms. Schweninger saw the paperwork for the severance claim and for the Shadow Plan claim and that both were in order, but that she needed to verify the information with Collins & Aikman documentation. At that point, Ms. Schweninger was investigating milestones on the severance claim issue. The milestone question was addressed with the Trust regarding severance claims 518, 534 and 1293 Relating to 11th Omnibus Objection, Docket # 9631 and related Stipulation of the Trust at Docket # 9629, which the Trust agreed were entitled to priority treatment based on severance in lieu of notice, the dates of termination and the severance agreements. Gary Banker is similarly situated to the three

severance claimants who were given priority status.

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10.

Ms. Schweninger also stated that only one claim was currently active, because no

objection was filed to the 16th Omnibus expungement objection although Sue Banker had talked to and emailed Mr. Burdette and had made attempts to contact Kirkland and Ellis and Kurtzman Carson Consultants. Ms. Banker had been advised that the issue was a clerical matter that could be resolved internally. Ms. Schweninger advised Ms. Banker that she would have the claim for the expunged amount added to the claim for the active amount but would be asking that the updated amount be moved from priority status to unsecured status. 11. There are sufficient equities in this matter for the Court to reinstate the expunged

claim. The 16th Omnibus Objection dated March 13, 2008 confused Gary Bankers Shadow Plan claim and his severance claim as being duplicate Shadow Plan claims, when in fact they were distinct and separate claims. That objection described Gary Bankers Severance Priority Claim #4866 as a surviving Shadow Plan claim and Gary Bankers Shadow Plan claim #7309 as an expunged claim purportedly duplicative of Claim #4866. 12. The 11th Omnibus Objection dated March 12, 2008, which sought to reclassify

certain priority severance claims as unsecured claims, listed on Exhibit B those individuals with priority severance claims. Mr. Bankers severance claim was not listed on Exhibit B despite having properly filed a priority severance claim. Not only was Mr. Banker not listed on Exhibit B, he was not served with the 11th Omnibus Objection and therefore did not have notice of the deadline for filing his response to the objection. Bankruptcy Rule 3007(a) requires objections to claims to be mailed or otherwise delivered to the claimant at least 30 days prior to the hearing. 13. The 21st Omnibus Objection regarding the Shadow Plan dated March 28, 2008

described in paragraph 6 that employees who are participating in the Shadow Plan which was terminated pursuant to the reorganization were not vested with a priority interest and their 5
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Shadow Plan claims would be reclassified from an as filed claim to an unsecured claim. Exhibit B to the 21st Omnibus Objection listed Mr. Bankers claim #4866 which was his severance claim and not his Shadow Plan claim. When Mr. Bankers wife attempted to

understand and inquire as to the source of the confusing treatment of his claims by the PostConsummation Trust, she was advised on more than one occasion that it was probably a clerical error and that the Post-Consummation Trust would look into the matter and attempt to resolve the confusion. Therefore Mr. Banker did not file a written response to the objection within the 10 days before the date set for the hearing, but he did not consent to the relief requested in the objection. 14. The 16th Omnibus Objection disallowed the expunged claims listed on Exhibit B

on the grounds that they were for the same debt as the surviving claims listed on Exhibit B and the debtor could not locate any support in the books and records for the expunged claims. The Objection then asserted that the recovery should be limited only to the surviving claims on the basis that to pay both claims would be duplicative. Yet Mr. Bankers original Proofs of Claim are distinct claims, one for severance and one for his shadow plan benefits. They are not duplicate claims and the shadow plan claim should not have been expunged because it was not duplicative of the severance claim and there is support in the books and records of Collins & Aikman which were provided to Mr. Banker for Mr. Bankers expunged claim. 15. Mr. Banker retained Clark Hill PLC on or about May 15, 2008 and Clark Hill

conducted an investigation and provided a letter and documentation to the Trust on Jun 11, 2008 based on discussions with the Trust commencing around May 15, 2008 to clear up the confusion surrounding the duplicative treatment of two distinct claims.

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WHEREFORE, Gary Banker respectfully requests the entry of an Order denying the Sixteenth Omnibus Objection to Claims (Same Debt Claims) of the Collins & Aikman PostConsummation Trust; and granting such other and further relief to the Claimant Gary Banker which the Court deems just and proper. Respectfully Submitted, Clark Hill PLC

Dated: June 25, 2008

By: s/Linda M. Watson Linda M. Watson (P45320) Charles E. Murphy (P28909) Joel Applebaum (P36774) 255 S. Old Woodward Avenue, Third Floor Birmingham MI 48009 248-988-5879 248-642-2174(fax) lwatson@clarkhill.com cmurphy@clarkhill.com japplebaum@clarkhill.com Attorneys for Claimants CERTIFICATE OF SERVICE

I, Linda M. Watson, certify that on June 25, 2008, I filed Objections of Gary S. Banker to Collins & Aikman Post-Consummation Trust's Sixteenth Omnibus Objection to Claims (Same Debt Claims) with the Clerk of the Court using the ECF system which will send notice of such filing to all such attorneys registered with that system. Respectfully Submitted, Clark Hill PLC

By: s/Linda M. Watson Linda M. Watson (P45320) 255 S. Old Woodward Avenue, Third Floor Birmingham MI 48009 (248) 988-5879 7
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