UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.

, Debtors. Case No. 05-55927 (SWR) (Jointly Administered) Chapter 11 case Hon. Steven W. Rhodes _______________________________________ VISTEON CORPORATION'S OBJECTION TO NOTICE OF RECLAMATION CLAIMS THE DEBTORS DEEM TO BE VALID Visteon Corporation ("Visteon") by its undersigned attorneys, Dickinson Wright PLLC, for its Objection to Notice of Reclamation Claims the Debtors Deem to be Valid, states as follows: 1. On May 17, 2005 (the "Petition Date"), the Debtors filed voluntary petitions

for relief under Chapter 11 of the Bankruptcy Code. 2. On May 25, 2005, Visteon sent a Reclamation Notice to Debtors, Debtors'

attorneys in New York, NY and Debtors' atto rneys in Birmingham, MI via Federal Express for delivery no later than May 27, 2005. Copies of the Reclamation Notice and verifications of Federal Express delivery are attached. 3. In the Notice of Reclamation Claims, Debtors state that Visteon's

reclamation claim is invalid "because the reclamation demand was not made within the appropriate time period pursuant to 11 U.S.C. 546." However, Debtors statement is simply incorrect. 4. 11 U.S.C. 546(c)(1) provides: (c) Except as provided in subsection (d) of this section, the rights and powers of a trustee under section 544(a), 545,

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547, and 549 of this title are subject to any statutory or common-law right of a seller of goods that has sold goods to the debtor, in the ordinary course of such seller's business, to reclaim such goods if the debtor has received such goods while insolvent, but (1) such a seller may not reclaim any such goods unless such seller demands in writing reclamation of such goods (A) before 10 days after receipt of such goods by the debtor; or (B) is such 10-day period expires after the commencement of the case, before 20 days after receipt of such goods by the debtor

5.

Thus, a seller can reclaim goods that were received by a debtor within 10

days prior to the petition date, provided that the seller give written notice of the reclamation within 10 days after the petition date which equates to within 20 days after debtor's receipt of the goods. Under the Reclamation Notice, Visteon demanded the return of goods that Visteon provided to Debtors which were received by Debtors between May 7 and May 17, 2005. Since the Petition Date occurred on May 17, 2005, all of the goods for which Visteon demanded reclamation were received by Debtors within 10 days prior to the Petition Date. Further, Visteon sent the Reclamation Notice on May 25, 2005 via express courier to Debtors, so Debtors received written notice of Visteon's reclamation demand within 10 days after the Petition Date which equates to within 20 days after Debtors' receipt of the goods. Therefore, Visteon sent the

Reclamation Notice to Debtors within the time period prescribed by 11 U.S.C. 546(c)(1), and Visteon's reclamation claim is valid.

WHEREFORE, for these reasons, the Court should allow Visteon a valid reclamation claim.

Dated: September 27, 2005

DICKINSON WRIGHT PLLC

By: /s/ Dawn R. Copley Michael C. Hammer (P41705) Dawn R. Copley (P53343) Attorneys for Visteon Corporation 500 Woodward Avenue, Suite 4000 Detroit, MI 48226 (313) 223-3500 dcopley@dickinsonwright.com
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