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

Debtors. (Tax Identification # 13-3489233) Hon. Steven W. Rhodes / OBJECTION OF MID AMERICA II, LLC, TO THE COLLINS & AIKMAN LITIGATION TRUSTS EIGHTY FIRST OMNIBUS OBJECTION TO CLAIMS (INSUFFICIENT BOOKS AND RECORDS) NOW COMES Mid America II, LLC (Mid America), by its counsel, Erman, Teicher, Miller, Zucker & Freedman, P.C., and states: 1. Mid America was the landlord of Debtor, Collins & Aikman Products Company Chapter 11 Case No. 05-55927-R (Jointly Administered)

for premises of approximately 120,000 square feet of space at 8121 Mid America Boulevard, Oklahoma City, Oklahoma (Mid America Business Park), pursuant to a Lease dated March 11, 2005. A copy of the Lease is attached to the proof of claim, which is attached hereto as Exhibit A. The Lease term was for March 11, 2005 through July 31, 2009. The premises was partially re-let for the time period of July 1, 2006 until June 20, 2008 (62,598 square feet), then the entire premises was re-let from June 20, 2008 through the end of the Lease term. has substantially mitigated its damages. 2. The Lease was rejected effective July 15, 2006 pursuant to Order dated March 30, Thus, Mid America

2006 which approved a stipulation between Mid America and Debtors filed on March 20, 2006. A copy of both pleadings are attached hereto as collective Exhibit B. 3. Mid America filed its Amended Proof of Claim on January 22, 2007. Exhibit A to

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the claim set forth a number of fixed items and estimated items, for a total amount of $1,283,361.74 (the Claim). 4. The Litigation Trust has objected to the Claim in its Eighty First Omnibus

Objection. Pursuant to the detail set forth below and supported by the documents attached hereto as Exhibit C, Mid America asserts that it is entitled to a claim in the amount of $592,229.89.

Rent pursuant to Lease, 11 U.S.C. 502(b)(6)(A) a) Monthly rent and Triple Net Expenses (NNN) May and June 2006 Rent per month = $43,902.55 NNN per month = $11,055.50 $54,958.05 x 2 = $109,916.10

$ 373,877.18

b) Monthly rent and NNN adjusted to 48.39% for re-letting of part of premises July 2006 through April 2007 Rent per month = $21,204.93 x 10 = $212,049.30 NNN balance of 2006 = $ 32,083.80 NNN 4 months of 2007 = $ 19,828.28 $263,961.38 Costs for repair and for finish of premises for new tenant Leasing Commissions Attorneys fees (lease 18) TOTAL: $ 49,497.88 $ 152,854.83 $ 16,000.00 $ 592,229.89

WHEREFORE, Mid America II, LLC requests that its claim be allowed in the amount of $592,229.89 and that Debtors Eighty First Omnibus Objection to Claims as to Mid America II,

LLC be disallowed. Respectfully submitted, ERMAN, TEICHER, MILLER, ZUCKER & FREEDMAN, P.C.

/s/ Julie Beth Teicher Julie Beth Teicher (P34300) 400 Galleria Officentre, Suite 444 Southfield, MI 48034 Phone: (248) 827-4100 Fax: (248) 827-4106 Email: jteicher@ermanteicher.com Dated: August 28, 2008

F:\CHAP11\Collins & Aikman\Mid America\obj to lit trusts 81st omn obj to claims insuff books and records.doc

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