IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION,

et al.1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

EX PARTE MOTION TO AMEND ORDERS ESTABLISHING PROCEDURES AND DEADLINES FOR ADVERSARY PROCEEDINGS The above-captioned debtors (collectively, the Debtors) hereby move the Court (the Ex Parte Motion) for the entry of an order, substantially in the form of Exhibit A, extending each of the deadlines set forth in the orders establishing procedures and deadlines for adversary proceedings commenced by Togut, Segal & Segal LLP by sixty days. In support of this Ex Parte Motion, the Debtors respectfully state as follows:

The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.

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Jurisdiction 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. This

matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 2. 3. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested herein are section 105 of the

Bankruptcy Code, 11 U.S.C. 101-1330 (the Bankruptcy Code) and Rules 9006(b) and 9007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules). Background 4. On May 17, 2005 (the Petition Date), the Debtors filed their voluntary petitions

for relief under chapter 11 of the Bankruptcy Code. The Debtors are operating their businesses and managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. On the Petition Date, the Court entered an order jointly administering these cases pursuant to Bankruptcy Rule 1015(b). 5. On May 24, 2005, the United States trustee appointed an official committee of

unsecured creditors pursuant to section 1102 of the Bankruptcy Code (the Committee). 6. On January 24, 2007, the Debtors filed the First Amended Joint Plan of Collins &

Aikman Corporation and Its Debtor Subsidiaries [Docket No. 3976] (as modified, the Plan). On January 26, 2007, the Court entered an order approving the Debtors amended disclosure statement related to the Plan [Docket No. 3988]. Pursuant to this order, the Debtors commenced the solicitation process in connection with the Plan. A hearing to confirm the Plan is scheduled for June 5, 2007. 7. In an effort to satisfy certain conditions for confirmation of the Plan and,

therefore, proceed to emerge from chapter 11, the Debtors, in consultation with their advisors, have negotiated and entered into an asset purchase agreement dated as of April 20, 2007 with a 2
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potential purchaser of the Debtors Carpet & Acoustics business (the Carpet & Acoustics Business). As the Court is aware, the Debtors have filed a motion seeking Court approval of the sale of the Carpet & Acoustics Business. The Court has approved bidding procedures for the sale of the Carpet & Acoustics Business [Docket No. 4594]. 8. The stalking horse purchaser of the Carpet & Acoustics Business was concerned

that, should the Debtors commence adversary proceedings against certain of the Debtors vendors, such proceedings could disrupt such potential purchasers ability to obtain necessary supplies in a timely manner. Accordingly, such stalking horse purchaser requested that the asset purchase agreement related to the sale of the Carpet & Acoustics Business limit the Debtors ability to commence adversary proceedings prior to the closing of the sale. 9. On May 1, 2007, this Court entered three orders establishing procedures and

deadlines that shall apply to adversary proceedings filed in connection with these chapter 11 cases: (a) Order Establishing Procedures and Deadlines for Adversary Proceedings Track I [Docket No. 4595] (the Track I Order); (b) Order Establishing Procedures and Deadlines for Adversary Proceedings Track II [Docket No. 4596] (the Track II Order); and (c) Order Establishing Procedures and Deadlines for Adversary Proceedings Track III

[Docket No. 4597] (the Track III Order, and together with the Track I Order and the Track II Order, the Adversary Procedures Orders). 10. Pursuant to each of the Adversary Procedures Orders, this Court established

deadlines (collectively, the Deadlines) for (a) a plaintiff to serve all complaints and summonses, file and serve any motions to amend its complaints and file all proofs of services, (b) responses to and hearings on any motions to amend the complaints, (c) a defendant to file and

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serve answers, (d) a hearing to determine whether to dismiss any adversary proceeding and (e) the date upon which discovery must be concluded.2 Relief Requested 11. To comply with certain obligations set forth in the asset purchase agreement

related to the Debtors sale of the Carpet & Acoustics Business, the Debtors respectfully request that this Court extend the Deadlines set forth in each of the Adversary Procedures Orders by an additional sixty (60) days; provided, however, that notwithstanding the extension of such Deadlines, the Debtors retain the option, at their discretion, to prosecute an adversary proceeding to the extent they determine a defendant is not a vendor or customer of the Carpet & Acoustics Business and the prosecution of such action at this time is in the best interests of their estates and creditors. In the event the Debtors determine to prosecute an adversary proceeding at this time, the conduct of such litigation shall be subject to the Deadlines, as such Deadlines may be extended by the Court as sought hereby.3 Basis for Relief 12. Bankruptcy Rule 9006(b) provides that the court may extend unexpired time FED. R. BANKR. P. 9006(b)(1). Additionally, pursuant to

periods for cause shown.

Bankruptcy Rule 9007, the Court has authority to regulate the time within which, the entities to whom and the form and matter in which, notice shall be given, which includes the authority to extend the Deadlines set forth in the Adversary Procedures Orders. See FED. R. BANKR. P. 9007.

2 3

The Deadlines that are affected by this Order are indicated in bold text in the Track I Order, the Track II Order and the Track III Order. The Debtors have coordinated with the proposed litigation trustee and Togut, Segal & Segal LLP, special counsel to the Debtors, in developing the procedures set forth in the Adversary Procedures Order and determining the relief requested herein.

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13.

Pursuant to section 7.11 of the asset purchase agreement entered into by the

Debtors in connection with the sale of the Carpet & Acoustics Business, the Debtors may not serve complaints, if any, commencing adversary proceedings against the Debtors vendors or customers until after certain dates set forth in each of the agreements. Such dates practically are later than the deadline of May 29, 2007 to serve complaints set forth in the Adversary Procedures Orders. 14. The Debtors service of adversary complaints as required by the Adversary

Procedures Orders may require the Debtors to violate the terms of the asset purchase agreement related to the sales of the Carpet & Acoustics Business. Conversely, extending the Deadlines will allow the Debtors to (a) to comply with the asset purchase agreement related to the sale of the Carpet & Acoustics Business, thereby permitting the Debtors to consummate such sale to the benefit of the Debtors estates and creditors and (b) preserve the Debtors ability to prosecute certain adversary proceedings for the benefit of the Debtors estates. 15. The Debtors request for an additional sixty days to serve complaints, if any,

commencing adversary proceedings is well within the deadline of 120 days for such service as prescribed in Rule 4(m) of the Federal Rules of Civil Procedure, which applies to adversary proceedings pursuant to Bankruptcy Rule 7004(a). BANKR. P. 7004(a). 16. Additionally, in the event the Debtors determine that a defendant is not a vendor See, e.g. FED. R. CIV. P. 4(m); FED. R.

or customer of the Carpet & Acoustics Business and the prosecution of such action at this time is in the best interests of their estates and creditors, the Debtors seek to retain the option, at their discretion, to serve the complaint and summons commencing a particular adversary proceeding and to otherwise prosecute same. In such event, the Debtors request that the conduct of such

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litigation be subject to the Deadlines set forth in the Adversary Procedures Orders, as such Deadlines may be extended by the relief sought hereby. 17. For the reasons set forth above, good and sufficient cause exists to extend the

Deadlines by an additional sixty days.

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WHEREFORE, the Debtors respectfully request the entry of an order, substantially in the form attached hereto as Exhibit A, (a) amending each of the Adversary Procedures Orders to extend the Deadlines by an additional sixty days and (b) granting such other and further relief as this Court deems appropriate. Dated: May 21, 2007 KIRKLAND & ELLIS LLP /s/ Ray C. Schrock Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andCARSON FISCHER, P.L.C. Joseph M. Fischer (P13452) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors

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EXHIBIT A

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

ORDER EXTENDING THE DEADLINES SET FORTH IN THE ORDERS ESTABLISHING PROCEDURES AND DEADLINES FOR ADVERSARY PROCEEDINGS Upon the ex parte motion (the Ex Parte Motion)2 of the above-captioned debtors (collectively, the Debtors) for the entry of an order extending each of the deadlines set forth in the orders establishing procedures and deadlines for adversary proceedings

[Docket No. ______]; it appearing that the relief requested is in the best interest of the Debtors estates, their creditors and other parties in interest; it appearing that the Court has jurisdiction
1 The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968. Capitalized terms used but not otherwise defined in this Order have the meanings set forth in the Ex Parte Motion.

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over this matter pursuant to 28 U.S.C. 157 and 1334; it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2); it appearing that venue of this proceeding and the Ex Parte Motion in this District is proper pursuant to 28 U.S.C. 1408 and 1409; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED 1. 2. The Ex Parte Motion is granted in its entirety. Each of the Deadlines set forth in the Track I Order, the Track II Order and the

Track III Order is extended for an additional sixty days; provided, however, that notwithstanding the extension of such Deadlines, the Debtors shall retain the option, at their discretion, to prosecute an adversary proceeding to the extent they determine a defendant is not a vendor or customer of the Carpet & Acoustics Business and the prosecution of such action at this time is in the best interest of their estates and creditors. In such event, the conduct of the litigation shall be subject to the Deadlines, as extended hereby.4 3. The Debtors are authorized and empowered to take all actions necessary to

implement the relief granted in this Order, including submitting proposed amended (a) Track I Order, (b) Track II Order and (c) Track III Order to the Court. 4. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 5. The Court retains jurisdiction with respect to all matters arising from or related to

the implementation of this Order.

The Deadlines that are affected by this Order are indicated in bold text in the Track I Order, the Track II Order and the Track III Order.

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