UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION - DETROIT

In re: COLLINS & AIKMAN CORPORATION, et al., Debtors. ____________________________________ COLLINS & AIKMAN CORPORATION COLLINS & AIKMAN PRODUCTS, CO., Plaintiffs, vs. BOWNE OF CHICAGO, INC., Defendant.

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Chapter 11 Case No. 05-55927-swr (Jointly Administered) (Tax Identification #13-3489233) Hon. Steven W. Rhodes Adversary Pro. No. 07-04825-swr

TRACK II

BOWNE OF CHICAGO, INC. (Defendant or Bowne) submits the following Answer to the Complaint of the DEBTORS (collectively, Plaintiff), in this adversary proceeding against Defendant.

ANSWER TO GENERAL ALLEGATIONS 1. 2. Paragraphs 1 through 4 contain a legal conclusion to which no response is necessary. Answering Paragraph 5 of the Complaint, Bowne lacks information and belief upon
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DEFENDANT BOWNE OF CHICAGO, INC.S ANSWER TO COMPLAINT

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which to base its response and therefore denies generally and specifically the allegations. 3. Answering Paragraph 6 of the Complaint, Bowne admits only that it received $45,624.77; and denies all remaining allegations. 4. 5. Paragraph 6 contains a legal conclusion to which no response is necessary. Answering Paragraph 8 of the Complaint, Bowne hereby restates and incorporates its

responses to Paragraphs 1 through 7 of the Complaint as though fully set forth herein. 6. Answering Paragraph 9 of the Complaint, Bowne admits only that it received

$45,624.77, and, lacking information and belief upon which to base its response, therefore denies all remaining allegations. 7. Answering Paragraphs 10 through 17 of the Complaint, Bowne lacks information and

belief upon which to base its response and therefore denies all allegations. 8. Answering Paragraph 18 of the Complaint, Bowne hereby restates and incorporates

its responses to Paragraphs 1 through 17 of the Complaint as though fully set forth herein. 9. Answering Paragraphs 19 through 22 of the Complaint, Bowne lacks information and

belief upon which to base its response and therefore denies all allegations. 10. 11. Paragraph 23 contains a legal conclusion to which no response is necessary. Answering Paragraph 24 of the Complaint, Bowne hereby restates and incorporates

its responses to Paragraphs 1 through 23 of the Complaint as though fully set forth herein. 12. Answering Paragraphs 25 and 26 of the Complaint, Bowne admits that it received the

Transfers and has not given said Transfers back to Plaintiff, but denies that said Transfers are recoverable and should be disallowed.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

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DEFENDANT BOWNE OF LOS ANGELES, INC.S ANSWER TO COMPLAINT

(Failure to Set Forth Sufficient Facts) 13. As and for each and every cause of action in the Complaint, Bowne alleges that the

Complaint fails to state facts sufficient to constitute a cause of action against Bowne. SECOND AFFIRMATIVE DEFENSE (11 U.S.C. 547(c)(2)) 14. The transfers of Debtor property received by Bowne represent payment of debt

incurred in the ordinary course of business, made in the ordinary course of business, and made according to ordinary business terms, and as such are not avoidable transfers pursuant to 11 U.S.C. 547(c)(2). THIRD AFFIRMATIVE DEFENSE (11 U.S.C. 547(c)(1)) 15. The transfers of Debtor property received by Bowne represent a contemporaneous

exchange for new value and as such are not avoidable transfers pursuant to 11 U.S.C. 547(c)(1). FOURTH AFFIRMATIVE DEFENSE (11 U.S.C. 547(b)(3)) 16. At the time Debtor made the stated transfer or transfers, Debtor was solvent and

therefore does not fulfill the requirements of 11 U.S.C. 547(b)(3) for avoidable transfers of an interest of the Debtor in property. FIFTH AFFIRMATIVE DEFENSE (11 U.S.C. 547(c)(4)) 17. Debtor received reasonably equivalent new value for the transfer of money to Bowne.

Said reasonable equivalent new value consisted of printing goods and services which were believed to be used by Debtor in accordance with Debtors regular course of business and given by Bowne on an open book account to Debtor in the ordinary course of business and as such are not avoidable transfers pursuant to 11 U.S.C. 547(c)(4).
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DEFENDANT BOWNE OF LOS ANGELES, INC.S ANSWER TO COMPLAINT

SIXTH AFFIRMATIVE DEFENSE (Doctrine of Laches) 18. Debtors preference claim is barred by the Doctrine of Laches. SEVENTH AFFIRMATIVE DEFENSE (Doctrine of Estoppel) 19. Debtors preference claim is barred by the Doctrine of Estoppel. EIGHTH AFFIRMATIVE DEFENSE (Doctrine of Waiver) 20. Debtors preference claim is barred by the Doctrine of Waiver. NINTH AFFIRMATIVE DEFENSE (Additional Defenses) 21. As and for a Ninth Affirmative Defense to the Complaint and each cause of action therein, Bowne presently has insufficient knowledge or information upon which to form a belief concerning whether it may have additional, as yet unstated, affirmative defenses. Bowne reserves the right to assert additional affirmative defenses in the event discovery indicates additional affirmative defenses are appropriate.

WHEREFORE Defendant, Bowne of Chicago, Inc., prays judgment as follows: A. B. C. That the Plaintiff take nothing by its Complaint; That Plaintiffs Complaint be dismissed in its entirety with prejudice; and For such further relief as the Court deems just and proper.

Respectfully submitted.

Dated: August 14, 2007

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NITZKIN AND ASSOCIATES

DEFENDANT BOWNE OF LOS ANGELES, INC.S ANSWER TO COMPLAINT

Attorney for Defendant, Bowne of Chicago, Inc.

By: _____/s/________________________ Gary Nitzkin, Esq. P41155 Nitzkin and Associates 22142 W. Nine Mile Road Southfield, Michigan 48033 Telephone: (248) 353-2882 Email gnitzkin@creditor-law.com

DEFENDANT BOWNE OF LOS ANGELES, INC.S ANSWER TO COMPLAINT