UNITED STATES BANKRUPTCY FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In Re: COLLINS & AIKMAN CORPORATION, et al., Debtors _________________________________/

Chapter 11 Case No. 05-55927-swr (Jointly Administered) Honorable Steven W. Rhodes Filed: May 17, 2005

RESPONSE OF J.R. AUTOMATION TECHNOLOGIES, LLC TO THE COLLINS & AIKMAN LITIGATION TRUST'S FORTY-NINTH OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS)

NOW COMES J.R. Automation Technologies, LLC, formerly known as J.R. Automation Technologies, Inc. (Creditor), through its attorneys, Warner Norcross & Judd LLP, and states as follows as Creditor's response to The Collins & Aikman Litigation Trust's Forty-Ninth Omnibus Objection to Claims (Insufficient Books and Records): JURISDICTION 1. The Court has subject matter jurisdiction to consider and determine the Forty-

Ninth Omnibus Objection pursuant to Paragraph 41(a) of the Order Confirming First Amended Joint Plan Of Collins & Aikman Corporation And Its Debtor Subsidiaries (the "Order").

ANSWER: Admitted. 2. Venue is proper before the Court pursuant to 28 U.S.C. 1408 and 1409.

ANSWER: Admitted. 3. The statutory basis for the relief requested by the Forty-Ninth Omnibus Objection

is section 502 of the Bankruptcy Code, I 1 U.S.C. 101-1330 and Rule 3007 of the Federal Rules of Bankruptcy Procedure.

ANSWER: Admitted.

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On July 9, 2007, Debtors filed the First Amended Joint Plan of Collins & Aikman

Corporation and Its Debtor Subsidiaries (the "Plan"). ANSWER: Admitted. 5. On July 18, 2007, the Court entered the Order confirming the Plan. The Order

provided the mechanism by which claimants would submit claims and the process by which the Trusts would "File, settle, compromise, withdraw or litigate to judgment objections to Claims." (Order at 38.) Thus, consistent with the Order's directive regarding disposition of the Claims, as well as the subsequent order of this Court extending the Claims Objection Bar Date, this Forty-Ninth Omnibus Objection is timely filed. (Order at 49.)

ANSWER: Admitted. 6. The Debtors and the Trust are in the process of reviewing and evaluating the

claims that have been filed. In that process, the claims set forth on Exhibit B have been identified as having no basis in the books and records of the Debtors. The Trust cannot verify that the Debtors and/or the Trust have any obligation to pay the Claims listed on Exhibit B. Therefore, the claims identified on Exhibit B should be disallowed and expunged for all purposes.

ANSWER: Neither admitted nor denied for lack of knowledge sufficient to form a belief as to the truth of the allegations. However, Creditor filed a motion for relief from the automatic stay with respect to the purchase order and equipment identified in Creditor's proof of claim. See attached Exhibit A. This Court granted Creditor relief from the automatic stay by stipulated order dated September 12, 2005. See attached Exhibit B. Creditor filed an initial estimated

unsecured claim on December 19, 2005, as amended December 22, 2005, in the amount of $1,350,000.00. See attached Exhibit C. Following sale of the equipment described in the purchase order, Creditor established an unsecured claim in the amount of $846,580.00, and accordingly amended its proofs of claim on May 23, 2006. See attached Exhibit D. Debtors were well aware of the purchase order, the intent of Creditor to resell the equipment described in the purchase order, and to file a claim for any resultant loss. 7. Pursuant to Article VII.A.1 of the Plan, the Forty-Ninth Omnibus Objection (with

exhibits) and a notice thereof will be served upon the Holders of such Claims and the United States Trustee.2 A copy of the Forty-Ninth Omnibus Objection has also been filed with the CM/ECF system which will serve a copy of this pleading on all attorneys registered to receive such filings.

ANSWER: Admitted. 8. No prior request for the relief sought in the Forty-Ninth Omnibus Objection has

been made to this or any other Court.

ANSWER: Admitted. WHEREFORE, Creditor requests that the objection be denied as to Creditor, and that Creditor be given such other and further relief as this Court shall deem just and proper. WARNER NORCROSS & JUDD LLP Attorneys for J. R. Automation Technologies, LLC

Dated: July 2, 2008

By: /s/ Timothy Hillegonds Timothy Hillegonds (P25555) 900 Fifth Third Center 111 Lyon Street NW Grand Rapids MI 49503 thillegonds@wnj.com (616) 752-2132

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