You are on page 1of 3

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: ) ) COLLINS &

AIKMAN CORPORATION, ) et. al. ) Debtors. ) ) Case No. 05-55927-SWR Chapter 11 (Jointly Administered) Honorable Steven W. Rhodes

RESPONSE TO OBJECTION TO CLAIM NO. 15 Pursuant to Rule 3003(c)(3) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), the undersigned counsel for T.J. Lawson and Tammy Lawson, individually and as guardian for Joshua Lawson, Amber Lawson and Brandon Lawson, minors under the age of eighteen (the Lawsons), may be perceived as having filed three proofs of claims in this matter. The first claim relates to a class action filed in South Carolina wherein T.J. Lawson and Tammy Lawson are proposed class representatives. These class representatives seek class certification, first in South Carolina and seek relief from the automatic stay to so proceed, and then in this court if this court believes that it should make such a determination. This class action relates to property damages suffered by the class as a result of environmental contamination. The Second Claim relates to an individual claim based upon the same property damage. If the class is not certified, the claimants wish to proceed individually to recover this property damage. The third claim relates to the Lawsons personal injury lawsuit resulting from their being exposed to the environmental toxic material in their ground and drinking water. The first two claims are somewhat duplicative but are necessary pending a determination by the State Courts of 1

0W[;(%,
0555927080512000000000030

>*

South Carolina. The third claim is their claim alone and they should be allowed to proceed with a determination of the amount of this claim in the State Courts of South Carolina. CONCLUSION Therefore, the Court should grant the class action proof of claims pending a determination of class status by the State Courts of the State of South Carolina and in the event the class is not certified, allow the individual claim for property damage to continue. As it relates to the personal injury claim, its determination, pursuant to the plan of reorganization should also be made by the State Courts of South Carolina. Respectfully, BERNARDI, RONAYNE & GLUSAC, P.C. Dated: May 12, 2008 /s/Rodney M. Glusac 1058 Maple Street, Suite 100 Plymouth, MI 48170 (734) 416-1780 rodg@brgpc.com (P43756) Gary W. Poliakoff, (Fed. I.D. #3078) Poliakoff & Associates, P.A. P.O. Box 1571 Spartanburg SC 29304 864.582.5472 864.582.7280 (fax) atty@gpoliakoff.com ATTORNEYS FOR CLAIMANTS

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: ) ) COLLINS & AIKMAN CORPORATION, ) et. al. ) Debtors. ) ) Case No. 05-55927-SWR Chapter 11 (Jointly Administered) Honorable Steven W. Rhodes

CERTIFICATE OF SERVICE I certify that on May 12, 2008, I electronically filed RESPONSE TO OBJECTION TO CLAIM NO. 15 with the Clerk of the Court using the ECF system which will send notification of such filing to all attorneys of record listed on the Courts ECF system for this case.

BERNARDI, RONAYNE & GLUSAC, P.C. Dated: May 12, 2008 /s/Rodney M. Glusac Attorneys for Claimants 1058 Maple Street, Suite 100 Plymouth, MI 48170 (734) 416-1780 rodg@brgpc.com (P43756)

You might also like