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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) COLLINS & AIKMAN ) CORPORATION, et al., ) ) Debtors.

__________________________________ ) ) COLLINS & AIKMAN CORPORATION, COLLINS & AIKMAN PRODUCTS, CO. and COLLINS & AIKMAN AUTOMOTIVE INTERIORS, INC. (f/k/a TEXTRON AUTOMOTIVE INTERIORS, INC.), In re: Plaintiffs, -- against -TA SYSTEMS, INC., Defendant.

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

Adv. Pro. No. 07-05577 (SWR)

TRACK III

T.A. SYSTEMS, INC.S ANSWER TO COMPLAINT Defendant, TA SYSTEMS, INC., (TA Systems) by its attorneys, HYMAN LIPPITT, P.C. states for its Answer to Plaintiffs Complaint states as follows: JURISDICTION AND VENUE 1. and 1334. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 2. This adversary proceeding is brought pursuant to Rule 7001, et. seq. of the This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157

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Federal Rules of Bankruptcy Procedure and 11 U.S.C. 502(d), 547, 548 and 550. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 3. Venue in this Court is proper pursuant to 28 U.S.C. 1409 as this adversary

proceeding arises under and in connection with a under 11 U.S.C. 101, et. Seq. (the Bankruptcy Code), which is pending in this District. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 4. This is a core proceeding as defined by 28 U.S.C. 157(b)(2)(A), (F) and (O). ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. PARTIES AND BACKGROUND FACTS 5. On May 17, 2005 (the Petition Date), Plaintiff and the above-captioned

debtors each filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code and continues to operate as a debtor in possession. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 6. Upon information and belief, TA Systems, Inc. (Defendant) was a

creditor of the Plaintiff prior to the filing of the Plaintiffs Chapter 11 case. ANSWER: TA Systems admits the allegation in Paragraph 6.

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7.

Plaintiff retains the right to enforce, sue on, settle or compromise all causes

of action belonging to the Plaintiff, including claims under 502(d), 547, 548 and 550 of the Bankruptcy Code. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. CLAIMS FOR RELIEF FIRST CAUSE OF ACTION (Avoidance and Recovery of Preferential Transfers) 8. Plaintiff repeats, realleges and incorporates by reference the allegations

contained in paragraphs 1 through 7 of this Complaint as though set forth at length herein. ANSWER: TA Systems re-alleges, and incorporates herein by reference, paragraphs 1 through 7. 9. On or within the ninety days preceding the Petition Date, the Plaintiff made,

or caused to be made, one or more transfers of money to or for the benefit of Defendant, which transfers are listed in Exhibit A attached hereto and incorporated herein by reference totaling $1,669,201.23 (the Transfers). ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 10. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 11. the Plaintiff. ANSWER: The Transfers were made to or for the benefit of Defendant as a creditor of The Transfers were of a property interest of the Plaintiff.

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TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 12. Plaintiff made, or caused to be made, the Transfers for, or on account of,

antecedent debt(s) owed by the Plaintiff before such Transfers were made. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 13. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 14. The Transfers enabled Defendant to receive more than Defendant would The Transfers were made while the Plaintiff was insolvent.

receive if: (a) the Plaintiffs bankruptcy case was administered under Chapter 7 of the Bankruptcy Code; (b) the Transfer had not been made; and (c) Defendant received

payment of such debt to the extent provided by the provisions of the Bankruptcy Code. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 15. Interest on the Transfers has accrued and continues to accrue from the date

each of the Transfers was made. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 16. Defendant was the initial transferee of the Transfers, or the entity for whose

benefit the Transfers were made, or was the immediate or mediate transferee of the initial transferee receiving the Transfers. ANSWER:

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TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 17. The Transfers, to the extent they are avoided pursuant to 547(b) of the

Bankruptcy Code, may be recovered by the Plaintiff pursuant to 550(a)(1) of the Bankruptcy Code. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. SECOND CAUSE OF ACTION (Avoidance and Recovery of Fraudulent Transfers) 18. Pleading in the alternative, Plaintiff repeats, realleges and inforporates by

reference the allegations contained in paragraphs 1 through 17 of this Complaint as though set forth at length. ANSWER: TA Systems re-alleges, and incorporates herein by reference, paragraphs 1 through 18. 19. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 20. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 21. Upon information and belief, the Plaintiff was: (i) insolvent on the dates of The Transfers were to, or for the benefit of, the Defendant. The Transfers were made within one year prior to the Petition Date.

the Transfers, or became insolvent as a result of the Transfers; and/or (ii) engaged in business or a transaction for which any property remaining with the Plaintiff was an unreasonably small capital at the time of, or as a result of, the Transfers.

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ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 23. The Transfers, to the extent they are avoided pursuant to 548 of the

Bankruptcy Code, may be recovered by the Plaintiff pursuant to 550(a)(1) for the Bankruptcy Code. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. THIRD CAUSE OF ACTION (Disallowance of Claims) 24. Plaintiff repeats, realleges and incorporates by reference the allegations

contained in paragraphs 1 through 23 of this Compliant as though set for the at length herein. ANSWER: TA Systems re-alleges, and incorporates herein by reference, paragraphs 1 through 23. 25. Defendant is the recipient of the Transfers, which are recoverable pursuant

to sections 547, 548 and 550 of the Bankruptcy Code, and Defendant has not returned the Transfers to Plaintiff. ANSWER: TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. 26. Based upon the foregoing and pursuant to section 502(d) of the Bankruptcy

Code, the claims, if any, must be disallowed since Defendant has not paid or surrendered the Transfers to Plaintiff. ANSWER:

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TA Systems lacks knowledge or information sufficient to form a belief as to the truth of this allegation. WHEREFORE Defendant TA Systems requests that the Complaint against them be dismissed and that they be awarded reasonable costs, interest and attorney fees most wrongfully sustained. Respectfully submitted,

Hyman Lippitt, P.C.

___/s/Joesph P. Saulski________ Brian D. OKeefe (P39603) Joseph P. Saulski (P60233) Counsel for TA Systems, Inc. 322 N. Old Woodward Birmingham, MI 48009 (248) 646-8292 jsaulski@hymanlippitt.com Dated: August 3, 2007
PROOF OF SERVICE I hereby certify that on the 3 day of August, 2007, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: all attorneys of record. Signature:_s/_Gussie M. Roslan________ Assistant to Joseph P. Saulski 322 N. Old Woodward Birmingham, MI 48009 groslan@hymanlippitt.com
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