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Order to Reject Unexpired Lease in Bankruptcy

This order from the United States Bankruptcy Court for the Eastern District of Michigan approves the rejection of an unexpired lease by Collins & Aikman Corporation and its subsidiaries, who are debtors in Chapter 11 bankruptcy. The court found that rejecting the lease was in the best interests of the debtors' estates, creditors, and other parties. The order authorizes the debtors to reject the lease listed in an exhibit, preserves any claims the debtors have against the lease counterparties, and authorizes the debtors to take actions to implement the rejection.
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0% found this document useful (0 votes)
48 views2 pages

Order to Reject Unexpired Lease in Bankruptcy

This order from the United States Bankruptcy Court for the Eastern District of Michigan approves the rejection of an unexpired lease by Collins & Aikman Corporation and its subsidiaries, who are debtors in Chapter 11 bankruptcy. The court found that rejecting the lease was in the best interests of the debtors' estates, creditors, and other parties. The order authorizes the debtors to reject the lease listed in an exhibit, preserves any claims the debtors have against the lease counterparties, and authorizes the debtors to take actions to implement the rejection.
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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

ORDER AUTHORIZING THE DEBTORS TO REJECT CERTAIN UNEXPIRED LEASE INCLUDED IN THE NOTICE OF REJECTION OF CERTAIN UNEXPIRED LEASE FILED OCTOBER 19, 2006 Upon the (a) Order Approving Expedited Rejection Procedures for Executory Contracts and Unexpired Leases [Docket No. 3151] and (b) Notice of Rejection of Certain Unexpired Lease Filed Octboer 19, 2006 [Docket No. 3515] (the Notice)2 of the above-captioned debtors (collectively, the Debtors); it appearing that the relief requested is in the best interest 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 notice of the Notice and the opportunity for a hearing on the Notice was appropriate under the particular
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. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Notice.

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circumstances and that no other or further notice need be given; after due deliberation and sufficient cause appearing therefor; it is hereby ORDERED 1. The Lease listed on Exhibit A to the Notice is rejected effective as of the date set

forth on Exhibit A to the Notice. 2. The Debtors do not waive any claims that they have or may have against the

counterparties to the Lease whether or not such claims are related to the rejection of the Lease. 3. The Debtors are authorized to take all actions necessary to effectuate the relief

granted pursuant to this Order. 4. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 5. The Court retains jurisdiction with respect to all matters arising from or related to

the implementation of this Order.


.

Signed on October 31, 2006 _ __ _/s/ Steven Rhodes _ _ Steven Rhodes 1. Chief Bankruptcy Judge 6.

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