10000024395

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) ) ) ) ) ) Chapter 11 Case No.
05-55927 (SWR) (Jointly Administered) Tax Identification No. 13-3489233 Honorable Steven W. Rhodes
In re: COLLINS & AIKMAN CORPORATION, et al.,1 Debtors.
MOTION OF FABRIC (DE) GP TO COMPEL PAYMENT OF UNPAID TAXES DUE POST-PETITION UNDER A NON-RESIDENTIAL REAL PROPERTY LEASE Fabric (DE) GP (the Landlord), by and through its undersigned attorneys, hereby moves for entry of an order pursuant to section 365(d)(3) of title 11 of the United States Code (the Bankruptcy Code), compelling Collins & Aikman Products Co., Collins & Aikman Automotive Mats, LLC, Collins & Aikman Carpet & Acoustics (TN), Inc. and Collins &
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.
0W[;&")
0555927060209000000000003
#z
Aikman Plastics, Inc., each a debtor and debtor in possession in the above-captioned cases, (collectively, the Debtors), immediately to pay all accrued and unpaid post-petition taxes due under a non-residential real property lease, and to continue timely paying such obligations as and when they become due pending assumption or rejection of the Lease. In support of this motion (the Motion), Landlord respectfully represents as follows: FACTS The Debtors 1. On May 17, 2005 (the Petition Date), each of the Debtors filed a voluntary
petition for relief under chapter 11 of the Bankruptcy Code. The Debtors continue to operate their businesses and manage their properties as the debtors in possession pursuant to 1107(a) and 1108 of the Bankruptcy Code. The Lease 2. The Debtors are tenants under a first amended and restated lease agreement, dated
as of June 27, 2002 (the Lease), covering certain non-residential real property located in: (i) Manchester, Michigan; (ii) Albemarle, North Carolina; (iii) Farmville, North Carolina; (iv) Old Fort, North Carolina; (v) Holmesville, Ohio; and (vi) Springfield, Tennessee (collectively, the Premises). A copy of the Lease is annexed hereto as Exhibit A. By Guaranty and Suretyship Agreement, dated as of January 15, 2002, Collins & Aikman Corporation, another debtor in these cases, guarantied the Debtors obligations under the Lease. 2 3. The Debtors currently occupy and use the Premises for commercial
manufacturing and other incidental and related uses.
The guaranty originally was of a prior lease that has been amended and restated into the current Lease.
-2-
4.
Section 9(a) of the Lease provides, in pertinent part that the Debtors: shall,
before interest or penalties are due thereon, pay and discharge all taxes (including real and person property, franchise, sales, use, gross receipts and rent taxes and the Michigan Single Business Tax to the extent applicable), and other impositions set forth in the Lease. Lease 9(a). Nevertheless, the Debtors have failed to timely pay real estate tax obligations to various taxing authorities that became due since the Petition Date. See Affidavit of Nels Merrill (the Merrill Affidavit) annexed hereto as Exhibit 3. For example, Landlords tax auditors notified Landlord that Pitt County taxes related to the Springfield, Tennessee premises were due on January 5, 2006, but had not been paid. See Exhibit to Merrill Affidavit. Due to this delinquency, penalties and interest have begun to accrue.3 5. To complicate matters further, Landlord does not receive the tax bills; they are
sent directly to the Debtors. Merrill Affidavit at 4. Thus, Landlord does not know whether the Debtors have timely paid the required taxes and generally learns of any delinquency after penalties and interest begin accruing. Id. 6. The Debtors failure to pay taxes prior to the assessment of interest or penalties
thereon constitutes an Event of Default4 under the Lease. Lease 9 & 22.
Landlords counsel contacted Debtors counsel about the delinquency. Debtors counsel responded that only the portion of such taxes accrued post-petition (including a pro-rated amount of interest and penalties) would be paid. As of the date of this Motion, Landlord understands that no such amounts have been paid. Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Lease.
-3-
7.
The following is a list of taxes due post-petition, excluding interest and penalties,
that Landlord believes are outstanding under the Lease: Bldg ID MI0181 NC0141 NC0141 NC0141 NC0151 NC0161 TN0131 TN0131 City, State Manchester, MI Farmville, NC Farmville, NC Farmville, NC Old Fort, NC Albemarle, NC Springfield, TN Springfield, TN Due Date 02/14/06 01/05/06 01/05/06 01/05/06 01/05/06 01/05/06 12/31/05 02/28/06 Period 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 01/01/0512/31/05 Totals: Total
57,143.94 36,410.07* 1,552.22* 972.33* 7,221.87* 79,440.44* 12,928.00* 35,075.16 230,744.03
See Merrill Affidavit 5. Landlord understands that interest and penalties have begun to accrue on the starred amounts. As Landlord does not receive tax bills directly, additional taxes may be due on one or more of the Premises. VENUE AND JURISDICTION 8. Venue of these cases and this Motion in this district is proper pursuant to 28
U.S.C. 1408 and 1409. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). The statutory predicate for relief is section 365(d)(3) of the Bankruptcy Code.
-4-
THE MOTION 9. Landlord respectfully requests an order of this Court, pursuant to section
365(d)(3), directing the Debtors immediately to pay all accrued and unpaid taxes due postpetition under the Lease, to continue to make such payments timely as and when they become due pending assumption or rejection of the Lease and to provide Landlord with written evidence that such payments have been made. 10. Pursuant to section 365(d)(3), a debtor is required to timely perform all the
obligations of the debtor . . . arising from and after the [petition date] under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1) of [the Bankruptcy Code]. 11 U.S.C. 365(d)(3). In In re Koenig Sporting Goods, Inc., the Sixth Circuit found section 365(d)(3) to be unambiguous so that when a specific lease obligation to pay rent arises on the first of the month during the post-petition, prerejection period, the debtor is obligated to pay the entire months rent. 203 F.3d 986, 989 (6th Cir. 2000). 11. Further, while there is a split in authority over whether the payment of taxes
should be pro-rated between pre-petition and post-petition periods when a portion of the taxes due during the post-petition period accrued pre-petition, based on Koenigs rationale, namely that a debtor should be required to comply with all lease obligations that arise post-petition, the Debtors should be required to pay timely all taxes that become due after the Petition Date, including amounts accrued pre-petition. See, e.g., In re Montgomery Ward Holding Corp., 268 F.3d 205, 211 (3rd Cir. 2001) (debtor required to pay entire tax bill including pre-petition portion); In re Krystal Company, 194 B.R. 161, 163-64 (Bankr. E.D. Tenn. 1996) (same); In re F&M Distributors, Inc., 197 B.R. 829, 832 (Bankr. E.D. Mi. 1995) (same).
-5-
12.
Here, the Lease requires the Debtors to pay and discharge all taxes when due and
to provide Landlord a receipt for such payment within 30 days of any such due date. Lease 9(a) and (b). Accordingly, the Debtors should be required to immediately to pay all accrued and unpaid taxes due post-petition under the Lease, to continue to make such payments timely as and when they become due pending assumption or rejection of the Lease and to provide Landlord with written evidence that such payments have been made. 13. In addition, as Debtors are solely responsible for the payment of taxes, any
interest and penalties that accrue or have accrued are due to the Debtors failure to timely discharge their statutory obligation to pay such taxes timely. Landlord should not have to come out-of-pocket for the Debtors failure to make timely payments. As a result, the Debtors should be required immediately to pay any and all interest and penalties associated with the Debtors failure to timely pay taxes that arise post-petition.
-6-
CONCLUSION WHEREFORE, Landlord respectfully requests entry of an order, substantially in the form annexed hereto as Exhibit 1: (i) directing the Debtors immediately to pay all accrued and unpaid taxes due post-petition under the Lease; (ii) directing the Debtors to continue to make such payments timely as and when they become due pending assumption or rejection of the Lease; (iii) directing the Debtors to provide Landlord with written evidence that all such payments have been made; and (iv) granting Landlord such other and further relief as this Court deems appropriate. Dated: Detroit, Michigan February 9, 2006 Respectfully submitted, MILLER, CANFIELD, PADDOCK & STONE, P.L.C.
By:
/s/Timothy A. Fusco Timothy A. Fusco (P13768) 150 West Jefferson, Suite 2500 Detroit, Michigan 48226 Telephone: (313) 496-8435 Facsimile: (313) 496-7500 Electronic mail: fusco@millercanfield.com and WILLKIE FARR & GALLAGHER LLP Alan J. Lipkin, Esq. Robin Spigel, Esq. 787 Seventh Avenue New York, New York 10019 Telephone: (212) 728-8000 Facsimile: (212) 728-8111 Co-Counsel for Fabric (DE) GP
-7-
Exhibit 1
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) Tax Identification No. 13-3489233 Honorable Steven W. Rhodes
In re: COLLINS & AIKMAN CORPORATION, et al., Debtors.

1
ORDER PURSUANT TO SECTION 365(d)(3) OF THE BANKRUPTCY CODE COMPELLING PAYMENT OF UNPAID TAXES DUE POSTPETITION UNDER A NON-RESIDENTIAL REAL PROPERTY LEASE Upon the motion (the Motion) of Fabric (DE) GP (the Landlord), for an order, pursuant to section 365(d)(3) of title 11 of the United States Code (the Bankruptcy Code), compelling Collins & Aikman Products Co., Collins & Aikman Automotive Mats, LLC, Collins & Aikman Carpet & Acoustics (TN), Inc. and Collins & Aikman Plastics, Inc., each a debtor and debtor in possession in the above-captioned cases (collectively, the Debtors), immediately to pay all accrued and unpaid taxes due post-petition under a first amended and restated non-residential real property lease agreement, dated as of June 27, 2002 (the Lease), covering certain non-residential real property located in: (i) Manchester, Michigan; (ii) Albemarle, North Carolina; (iii) Farmville, North Carolina; (iv) Old Fort, North Carolina; (v) Holmesville, Ohio; and (vi) Springfield, Tennessee, and to continue timely paying such obligations as and when they become due pending assumption or rejection of the Lease; and a
hearing on the Motion having been conducted (the Hearing); and upon the entire record made at the Hearing; and this Court having found good and sufficient cause appearing therefor, IT IS HEREBY FOUND that: A. The Lease is a lease for non-residential real property.
B. Pursuant to the Lease, the Debtors are obligated to pay and discharge all taxes, including real property taxes, before interest and penalties are due thereon. C. The Debtors have failed to timely perform their post-petition obligations under the Lease as required by section 365(d)(3) of the Bankruptcy Code. D. As of February 8, 2006, the Debtors were delinquent in the payment of taxes in the amount of not less than $230,744.03. Based upon the foregoing findings and conclusions, and upon the record made before this Court at the Hearing, and good and sufficient cause appearing therefor, IT IS HEREBY ORDERED that: 1. The Motion is granted.
2. Within two (2) business days of the entry of the Order, the Debtors shall pay to all applicable taxing authorities accrued and unpaid taxes that became payable postpetition as well as all interest and penalties. 3. The Debtors shall remain current on all of their post-petition obligations under the Lease pending assumption or rejection of the Lease.
Exhibit 2
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

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

1
NOTICE OF OPPORTUNITY TO RESPOND TO MOTION OF
FABRIC (DE) GP TO COMPEL PAYMENT OF UNPAID TAXES DUE POST-PETITION UNDER A NON-RESIDENTIAL REAL PROPERTY LEASE
Fabric (DE) GP has filed papers with the court for entry of an order to compel the payment of unpaid taxes due post-petition under a non-residential real property lease.
Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.) If you do not want the court to enter an order to compel the payment of unpaid taxes due post-petition under a non-residential real property lease, or if you want the court to consider your view on the Motion, within 15 days, you or your attorney must: 1. File with the court a written response or an answer, explaining your position at:2 United States Bankruptcy Court 211 W. Fort Street, Suite 2100 Detroit, MI 48226 If you mail your response to the court for filing, you must mail it early enough so that the court will receive it on or before the date stated above. You must also mail a copy to: Timothy A. Fusco Miller, Canfield, Paddock & Stone PLC 150 West Jefferson, Suite 2500 Detroit, Michigan 48226 (313) 963-6420
2. If a response or answer is timely filed and served, the clerk will schedule a hearing on the motion and you will be served with a notice of the date, time and location of that hearing.
Response or answer must comply with F. R. Civ. P. 8(b), (c) and (e)
If you or your attorney do not take these steps, the court may decide that you do not oppose the relief sought in the motion and may enter and order granting that relief. Dated: Detroit, Michigan February 9, 2006 Respectfully submitted, MILLER, CANFIELD, PADDOCK & STONE, P.L.C.
By:
/s/Timothy A. Fusco Timothy A. Fusco (P13768) 150 West Jefferson, Suite 2500 Detroit, Michigan 48226 Telephone: (313) 496-8435 Facsimile: (313) 496-7500 Electronic mail: fusco@millercanfield.com and WILLKIE FARR & GALLAGHER LLP Alan J. Lipkin, Esq. Robin Spigel, Esq. 787 Seventh Avenue New York, New York 10019 Telephone: (212) 728-8000 Facsimile: (212) 728-8111 Co-Counsel for Fabric (DE) GP
DELIB:2702382.1\128310-00001
Exhibit 3
Deloitte.
Property Name: Propert #:
Period:
Budget Report
Date: 01116/2006
For:
CPA 14 (Leased) - All Property Types
MI018 - 500 West Madison
MI018(M)
01101/2005
- 12 /31/2005
0 I/O 1/2006
1213112006
Total Fiscal Year Budget:

Total Cash Basis Budget:
$90, 269.50 $88,932.
$92 073.
$90,930.
Fiscal Year Budget Detail

men Des
2004
Tax Pm
Period P
536.
01/01/2004-12/31/2004
01/01/2004- 12131/2004
0 I/O 1/2004- 1211/2004
01/0112005
1211/2005
01/0112006
1'/31/2006
Manchester Twp - Summer Manchester Twp - Winter - S Manchester Village - Summe
09/15/2004
02/1 4/2005
$55 806.
$21 524.
09/15/2004
09/1 5/2005
2005
Manchester Twp - Summer Manchester Twp - Winter - S
$10,950.
$57 143.
01/01/2005- 1211/2005
100% 100% 100%
$10 950. $57 143.

$22 175.47
100%
$11 168.
02/14/2006
09/15/2005
09/1 5/2006
..Est 01/01/2005- 12/311005

01/01/2005- 12/31/2005
Manchester Vilage - Summe

2006
$22 175.47
$11 168.

Manchester Village - Summe
..Est 01/01/2006-12131/2006 ..Est

01/0112006- 12131/2006
02/14/2007
$58 287. $22 617.
100%
100%
$58 287.
$22 617.
09/15/2006
.:Est 01/01/2006- 121112006
Total Fiscal Year Taxes
$90 269. 50 I
$92 073. 90 I
Cash Budget Detail

Payment Desc
fr
Tax Pmt Amount
Payment Made
09/2004
0212005
01/01/2005
12131/2005
01/0
1211/2006
2004
09/1 5/2004
$8, 536.
$55 806.
$21 524.
02/14/2005 09/15/2004 09/15/2005
$55 806.
Manchester Vilage - Summe

2005
09/2004
09/2005
S 10
$10 950. $57 143. $22 175.47

$11 168.
950.
02/14/2006
09/1 5/2005
..Est
0212006 0912005
$57 143.
Manchester Village - Summe

2006
Manchester Twp - Summer -
$22 175.47
$11 168.
09/15/2006
02/14/2007
09/1512006
.:Est
09/2006
02/2007
Manchester Twp - Winter - S

Manchester Vilage - Sum me
$58, 287.
..Est
':Est
$22 617.
09/2006
$22
617 .
Total Cash Taxes

Propert Tax
Land FM
$88, 932. 231
$90,930. 841
History/Forecast
tal F
241 550
lT
8307
2004
2005 2006
2,241 550
$85 866.
250 300 250 300
250 300
Esp.
Esp.
0114 0916
Esp.
Esp.
$90,269.
Esp.
2,250,300
$92 073.
Budget Report ,
Copyright (c) 1992- 2006 , Deloine & Touche Tax Technologies LLC - All Rights Reserved.
Page I of 1
Deloitte.
Propert Name:
Budget Report
Date: 01116/2006
For: CPA 14 (Leased) - All Property Types
TNOt3 - 2409 Industrial Drive

TN013(TN)
o ! /O 1/2005 - 12/3112005
01/0112006 - 12/3112006
Property #:
Period:

$48, 003.
$47,315.
$48, 963. $48, 261.32

yment Desc
Pmt
Amo
Period Paid
01/0112004- 12/31/2004
OI/OI/200S
I2RI/2005
01/0112006
12/lI/2oo6
2004
Roberton County - Single Pa
02/28/2005
12/31/2004
$34 387.
$12 928.
$35 075. $12 928. $35 777. $13 186.
Springfield City - Single Pay

2005
01/01/2004- 12/31/2004
02/28/2006
-.Est 01/0112005- 1211/2005

01/0112005- 12/31/2005
100% 100%
$35 075.

2006
1211/2005
02/28/2007
12/31/2006
$12 928.
100% 100%
$35 77733 $13 186.15
Robertson County - Single Pa Springfield City - Single Pay
..Est ..Est
0 I/O 1/2006- 1213112006

0 I /0 112006- 12/31/2006
$48, 003. 161
$48, 963.481
Cash Budget Detail

P~ment Desc
fm
Tax Pmt Amount
Paymen Made
0212005
1212004
01/011200S
12RI1200S
OIIOWOO
17/l1/2006
2004
02/28/2005
12/3 1/2004
$34 387.
$12 928. $35 075. $12 928.
$35 777. $13 186.
$34 387.
2005
02/28/2006
12131/2005
-.Est
0212006
1212005
$35 075.

2006
$12 928.
02/28/2007
12/31/2006
..Est ..Est
02/2007
1212006
$13 J86.
Total Cash Taxes

Propert Tax
nd FM
$47 315. 001
$48, 261.321
HistorylForecast
tal F
231 900
23 j , 900
Eff Rate
Irnps F
044 700
l T xes
2004 2005 2006
187 200
1.4640
$47 315.
187 200
187 200
044 700
Esp
Esp.
1.4853
Est
$48 003. $48 963.48
044 700
Esp.
231 900
1.5150
Esp.
Budget Report , Copyright (c) 1992- 2006 , Deloitte & Touche Tax Technologies LLC - All Rights Reserved.
Page I of I
Deloitte.
Propert Name:
Budget Report
Date: 01116/2006
NC014 - Highway 264 Alternate

NC014(NC)
01/0 112005 - 121112005
01/0 1/2006 - 12/3112006
Property #:
Period:

$57, 128.
$82 124.
$58 272.
$57, 128.

Payme nt Desc
2004
x Pmt Amount
Period Paid
01/0112005
12/1112005
01/0112006
12/11/2006
Farville, Town of - Single

Pitt County - Single Payment
01/05/2005 01/05/2005
$25 137.
01/01/2004- 121112004
01/0112004- 1211/2004
$56 987.
$17 415. $37 138.
575.
2005
Farmvile , Town of - Single

01/05/2006
..Est
01/0112005- 1211/2005
100%
100%
$17 415.42 $37 138.

575.
01/05/2006 01/05/2006
01/05/2007
01105/2007
01/0112005- 1211/2005
-.Est 01/0112005- 121112005
100%
2006
Farvile , Town of - Single

$17 764.
..Est 01/01/2006- 1211/2006 ..Est

01/0112006- 1211/2006
100% 100%
$17 764. $40, 507.
$40 507.
$57, 128.
$58,272.
Cash Budget Detail

Payment Desc
2004
fm
Tax Pmt Amount
Pavment Made
01/2005
0 I /2005
01/01/2005
12/l1/200S
0110 112006
iJ31 /2006
Farvile , Town of - Single

Farmville , Town of - Single
01/05/2005 01/05/2005
01105/2006
$25 137.
$25 137. $56 987.

$17 415.42 $37 138.27
$56 987. $17 415.42 $37 138.

575.
2005
..Est
01/2006
0 I /2006
Pitt County - Single Payment Pitt County - Single Payment

2006
01/0512006
01/05/2006
0110512007
..Est ..Est
..Est
01/2006
01/2007 01/2007
575.
Farmvile , Town of - Single

$17 764.
01/05/2007
$40 507.
Total Cash Taxes

Propert Tax
Land FM
$82 124.
$57 128.
History/Forecast
Total FMV
694 940 255 340
I. 0673
Imps FMV
573 990
Other FMV
637 460
477 , 060
477 , 060
Total Taxes
$82 124.
2004
2005
483 490 483 490

483 490
294 790 294 790
Est:: Est::
1.0871
1. 088
Esp
Esp.
$57 128. $58 27218
2006
Esp.
255,340
Budget Report ,
Copyright (c) 1992- 2006 , Deloitte & Touche Tax Technologies LLC - All Rights Reserved.
Page 1 of I
Deloitte.
Propert Name:
Budget Report
For: CPA 14 (Leased) - All Propert Types
Dale: 01116/2006
NC015 - US Highway 70 East

NC015(NC)
01/01/2005 - 12/31/2005
01/01/2006
Property #:
Period:
- 12/31/2006
$7, 513.

$7, 366.
$7,221.87
$7,366.

ymen Desc
2004
2005
Tax Pmt Amoun
riod P
0 I /0 1 /2004- 12131 /2004
01/0112005 - 12/31/2005
01/0112006 -
12/31/2006
McDowell County - Single P McDowell County - Single P McDowell County - Single P
01/05/2005
221.87
366.38
01/05/2006
01/0512007
..Est 01/011005- 1211/2005

":Est 01/01/2006- 12/31/2006
100%
366.
100%
2006
$7,513.
513.
366.
$7,513.
Cash Budget Detail

Payment Desc
fr
Tax Pm( Amount
Payment Made
0112005
01/0112005
12/31/2005
01/0112006
12/31/2006
2004
2005 2006
McDowell County - Single P

0110512005
221.7
366.
513. ":Est
221.87
01105/2006
01/2006 01/2007
366.
01/05/2007
":Est
Total Cash Taxes

Property Tax HistorylForecast
Land FMV
2004 2005 2006
$7,221.871
$7,366.381
Imps FMV
Total FM
302 400
al Taxes
5545
450
81, 460
220 950 220 950 220 950
221.87
302 410
Esp.
0.5656
5769
Esp
Esp.
366.38
513.
460
Esp.
302 410
Esp.
Budget Report ,
Page 1 of 1
Deloitte.
Propert Name:
Budget Report
Date: 01116/2006
NC016 - 313 Bethany Rd
Propert #:
Period:
NC016(NC)
OiiOii2005 - i2/3 i/2005
$95,441.73
iiO
i /2006 - i 2/3 i/2006

$97,354.45
$95, 441.73
$9t,763.

Payment Desc.
Tax Pmt Amount
Period Paid
01/01/2004- 1211/2004
-'Est 01/0112005-121112005
01/011200,) - 121l11200')
01/0112oo6 - 12/l112oo6
2004
2005 2006
Stanly County - Single Paym

Stanly County - Single Paym Stanly County - Single Paym
01/0512005
$91 763.
01/05/2006 01/05/2007
$95 441.73 $97 354.45
100%
$95
441.3
100%
$97 354.45
-.Est 01/01/2006-1211/2006
$95 441.
$97, 354.451
Cash Budget Detail

Payment Desc
Tax Pmt Amount
Payment Made
0112005
01/0112005
12/3112005
O1/OlnOO6
12/3112006
2004
2005

01105/2005
$91 763.
$91 763.
01105/2006
0110512007
$95 441.73
..Est
0112006
0112007
$95
441.3
2006
$97 354.
..Est
Total Cash Taxes

Propert Tax
Land FMV
2004
2005
475 602
598 875
$91,763. 021
$95 441.
History/Forecast
Total FM
Imps FMV
Other FM
Total Taxes
1.2275
$91 763.
475 602
750 379 750 379
273 583 273 583
622 837
Esp.
1.521
1.2771
Esp
Est::
$95 441.73 $97 354.45
2006
598 875
Est::
622 837
Esp
Budget Report ,
Page I of I
Exhibit 4
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) Tax Identification No. 13-3489233 Honorable Steven W. Rhodes
Exhibit List Exhibit A, part 1 A, part 2 A, part 3 Description Lease Lease (continued) Lease (continued)
DELIB:2702393.1\128310-00001
Exhibit A Part 1
Exhibit A Part 2
Exhibit A Part 3

10000024395

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) ) ) ) ) ) Chapter 11 Case No.

In re: COLLINS & AIKMAN CORPORATION, et al.,1 Debtors.

manufacturing and other incidental and related uses.

57,143.94 36,410.07* 1,552.22* 972.33* 7,221.87* 79,440.44* 12,928.00* 35,075.16 230,744.03

In re: COLLINS & AIKMAN CORPORATION, et al., Debtors.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In re: COLLINS & AIKMAN CORPORATION, et al., Debtors.

NOTICE OF OPPORTUNITY TO RESPOND TO MOTION OF

CPA 14 (Leased) - All Property Types

MI018 - 500 West Madison

Total Fiscal Year Budget:

$90, 269.50 $88,932.

Fiscal Year Budget Detail

Manchester Twp - Summer Manchester Twp - Winter - S Manchester Village - Summe

Manchester Twp - Summer Manchester Twp - Winter - S

100% 100% 100%

$10 950. $57 143.

..Est 01/01/2005- 12/311005

Manchester Vilage - Summe

Manchester Twp - Summer Manchester Twp - Winter - S

..Est 01/01/2006-12131/2006 ..Est

$58 287. $22 617.

.:Est 01/01/2006- 121112006

Total Fiscal Year Taxes

Cash Budget Detail

Tax Pmt Amount

Manchester Twp - Summer Manchester Twp - Winter - S

02/14/2005 09/15/2004 09/15/2005

Manchester Vilage - Summe

Manchester Twp - Summer Manchester Twp - Winter - S

$10 950. $57 143. $22 175.47

Manchester Village - Summe

Manchester Twp - Winter - S

Total Cash Taxes

$88, 932. 231

250 300 250 300

For: CPA 14 (Leased) - All Property Types

TNOt3 - 2409 Industrial Drive

Total Fiscal Year Budget:

$48, 963. $48, 261.32

Fiscal Year Budget Detail

Roberton County - Single Pa

Springfield City - Single Pay

-.Est 01/0112005- 1211/2005

Springfield City - Single Pay

Robertson County - Single Pa Springfield City - Single Pay

0 I/O 1/2006- 1213112006

Total Fiscal Year Taxes

$48, 003. 161

Cash Budget Detail

Tax Pmt Amount

Robertson County - Single Pa Springfield City - Single Pay

Roberton County - Single Pa

Springfield City - Single Pay

Robertson County - Single Pa Springfield City - Single Pay

Total Cash Taxes

$47 315. 001

2004 2005 2006

$48 003. $48 963.48

NC014 - Highway 264 Alternate

Total Fiscal Year Budget:

Fiscal Year Budget Detail

Farville, Town of - Single