{AL268302.

1}
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re: ) Chapter 11
) (Jointly Administered)
ALLIED SYSTEMS HOLDINGS, INC., et al.,
1
)
) Case No. 12-11564 (CSS)
Debtors. )
) Hearing Date: To be determined
) Objection Deadline: To be determined

MOTION OF DONALD SMODIC AND DORY SMODIC FOR RELIEF FROM THE
AUTOMATIC STAY PURSUANT TO 362(d) TO PURSUE PERSONAL INJURY CLAIM

Donald Smodic (Mr. Smodic) and Dory Smodic (Mrs. Smodic, together with Mr.
Smodic, the PI Claimants) hereby move (the Motion) for relief from the automatic stay
pursuant to the Section 362(d) of the Bankruptcy Code to pursue personal injury claims against
the above-captioned debtors (the Debtors) and, in support thereof, state as follows:
JURISDICTION
1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and
1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409 and this is a core proceeding
pursuant to 28 U.S.C. 157(b).
2. The basis for the relief requested herein are 11 U.S.C. 362(d) and Rules
4001(a)(1) , 4001(a)(3) and 9014 of the Federal Rules of Bankruptcy Procedure.

1
The Debtors in these cases, along with the federal tax identification number (or Canadian business number where
applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group,
Inc. (58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283);
Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis
Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin
Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786);
Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX
LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582).
2
BACKGROUND
3. On or about January 9, 2006, at approximately 9:00 a.m., Mr. Smodic was
travelling in his 2000 Chevrolet Silverado on Route 376 in the vicinity of Wilkinsburg,
Pennsylvania. Mr. Smodic was pulling a 14 foot trailer behind the Chevrolet Silverado. Mr.
Smodic was operating his vehicle in a westerly direction toward the City of Pittsburgh. As he
was proceeding, Mr. Smodic brought his vehicle to a stop as traffic in front of him had come to a
stop.
4. At the same time and place, Defendant, Robert Hummel, Jr. (Defendant
Hummel), was driving a 1991 Volvo car carrier while in the course and scope of his
employment with Allied Systems Limited (Defendant Allied Systems, together with Defendant
Hummel, the Defendants). Defendant Hummel was operating his truck directly behind Mr.
Smodic, and when Mr. Smodic brought his vehicle to a stop on Highway 376, Defendant
Hummel failed to bring the Volvo car carrier to a stop and struck the rear of Mr. Smodics trailer
which then struck Mr. Smodics Chevrolet Silverado.
5. The Defendants have stipulated to liability for the collision. A copy of Defendant
Hummels Motion in Limine Regarding Insurance wherein liability is stipulated to is attached
hereto as Exhibit A.
6. As a result of the collision, Mr. Smodic suffered injuries to his neck and back and
suffered a traumatic brain injury in addition to further injuries which required and continue to
require Mr. Smodic to incur expenses of hospitals, doctors and/or other medical care providers.
7. As a result of the collision, Mrs. Smodic has made a claim for loss of consortium.
8. Upon information and belief, at the time of the collision, the Debtors had an
insurance policy in place which provides coverage for the injuries and damages suffered by the
3
PI Claimants as a result of the collision. A copy of the cover page of the insurance policy
provided by Debtors is attached hereto as Exhibit B.
9. On or about December 19, 2007, PI Claimants filed a Praecipe for Writ of
Summons in a Civil Action in the Court of Common Pleas of Westmoreland County,
Pennsylvania against the Defendants at Docket Number 11107 of 2007.
10. The Honorable Gary P. Caruso of the Court of Common Pleas of Westmoreland
County, Pennsylvania, has scheduled this case to be tried in Westmoreland County beginning
November 5, 2012.
11. On May 17, 2012, involuntary petitions were filed against Allied Holdings and
Allied Limited in the United States Bankruptcy Court for the District of Delaware.
12. On June 10, 2012 (the Voluntary Petition Date), certain affiliates of Allied
Holdings and Allied Limited filed voluntary petitions for relief under Chapter 11 of the
bankruptcy code.
13. An Order directing joint administration of the Debtors cases under case number
12-11564(CSS) was entered on June 11, 2012 (Docket No. 89).
14. By operation of law, the Westmoreland County Court action has been stayed as to
the Debtors as a result of the bankruptcy proceedings.
RELIEF REQUESTED
15. By this Motion, the PI Claimants seek relief from the automatic stay to pursue
personal injury claims (the PI Claims) against the Debtors to recover from the Debtors, up to
the amount of the proceeds from any applicable insurance policy(ies).
BASIS FOR RELIEF REQUESTED
16. Pursuant to Section 362(d) of the Bankruptcy Code, the Court shall grant relief
from the automatic stay for cause. The term cause is not defined, leaving courts to consider
4
what constitutes cause based on the totality of the circumstances in each particular case.
Balding v. Wilson (In re Wilson), 116 F.3d 87, 90 (3d Cir. 1997) (citations omitted).
17. Courts do not apply a rigid test to determine whether cause exists to grant relief
from the automatic stay. Instead, courts generally consider three factors: (1) the prejudice
suffered by the debtor and the debtors estate if the stay is lifted; (2) the balancing of hardship to
the parties; and (3) the likelihood of success on the merits if the stay is lifted. In re Continental
Airlines, Inc., 152 B.R. 420, 424 (D. Del. 1993). Here, the facts and circumstances warrant relief
from the automatic stay.
18. First and foremost, the Debtors estates will not be prejudiced by lifting the
automatic stay. In Continental Airlines, the Court stated that [w]here neither prejudice to the
bankruptcy estate nor interference with the bankruptcy proceeding is demonstrated, the desire of
a stayed party to proceed in another forum is sufficient cause to warrant lifting the automatic
stay. 152 B.R. at 426 (quoting Hohol v. Essex Indus., Inc. (In re Hohol), 141 B.R. 293, 298
(M.D. Pa. 1992)). As an initial matter, the PI Claims could not be liquidated in the Bankruptcy
Court. See 28 U.S.C. 157(b)(5). Accordingly, this matter needs to be adjudicated by another
court irrespective of whether the stay is lifted. Moreover, as indicated supra, the Debtors had
insurance at the time of the collision in the amount of $4,000.000.00 which will cover any
recovery the PI Claimants receives up to the limits of such policy(ies).
19. In contrast to the absence of hardship to the Debtors, denying this motion to lift
the automatic stay to liquidate the PI Claims against the Debtors and seek recovery from
applicable insurance policies would severely prejudice the PI Claimants. In the event the stay is
not lifted, the PI Claimants may be negatively affected by any delay insofar as the parties and
witnesses memories will fade, handicapping the PI Claimants efforts to obtain accurate and
complete discovery in pursuit of the PI Claims. Moreover, the PI Claimants will have no means
5
to liquidate the PI Claims, including seeking reimbursement of the medical bills paid to date and
lost wages suffered as a result of the collision.
20. With respect to the third prong of the test movants likelihood of success on the
merits courts have found that the required showing is very slight. See, e.g., Izzarelli v.
Rexene Prods. Co. (Matter of Rexene Prods. Co.), 141 B.R. 574, 578 (Bankr. D. Del. 1992)
(citing Peterson v. Cundy (In re Peterson), 116 B.R. 247, 250 (D. Colo. 1991) (foregoing merits
analysis entirely in a relief from stay motion merely to liquidate claim)). Further, courts have
found that [o]nly strong defenses to state court proceedings can prevent a bankruptcy court from
granting relief from the stay in cases where, as here, we believe that the decision-making process
should be relegated to bodies other than this court. Rexene, 141 B.R. at 578 (quoting Fonseca v.
Philadelphia Housing Auth. (In re Fonseca), 110 B.R. 191, 196 (Bankr. E.D. Pa. 1990)). The
Defendants in the personal injury case have stipulated to liability. Therefore, the likelihood of
success on the merits is very strong.
NOTICE AND NO PRIOR REQUEST

21. The PI Claimants have provided notice of this Motion, in accordance with
Bankruptcy Rule 4001(a)(1), to (i) the Office of the United States Trustee for the District of
Delaware, (ii) the Debtors, (iii) counsel to the Debtors, (iv) counsel to the Official Committee of
Unsecured Creditors, and (v) those parties that have filed notices of appearance in the Debtors
cases as of the date herein.
22. No previous request for the relief requested herein has been made to this or any
other court.
CONCLUSION
WHEREFORE, the PI Claimants respectfully request that this Court enter an Order in the
form attached hereto (i) granting the PI Claimants Motion for relief from the automatic stay to
6
liquidate the PI Claims against the Debtors and any other potentially responsible parties in a non-
bankruptcy forum of competent jurisdiction and, if successful, to recover from the Debtors up to
the amount of any applicable insurance coverage, (ii) waiving the stay of the order provided
under Fed. R. Bankr. P. 4001(a)(3), and (iii) granting the PI Claimants such other and further
relief as this Court may deem just and proper.
Dated: September 13, 2012
Wilmington, Delaware
Respectfully submitted,
MARGOLIS EDELSTEIN

/s/ Stephanie Noble Tickle
Stephanie Noble Tickle, Esquire #5397
750 Shipyard Drive, Suite 102
Wilmington, DE 19801
(302) 888-1112
(302) 888-1119 fax
snoble@margolisedelstein.com

-and-

AINSMAN, LEVINE & DREXLER, LLC
Richard C. Levine, Esquire PA I.D. #36627
310 Grant Street, Suite 1500
Pittsburgh, PA 15219
(412) 338-9030
(412) 338-9167 fax
rlevine@aldlawfirm.com

Counsel to Donald Smodic and Dory Smodic

..
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DONALD SMODIC and
DORY SMODIC, his wife,
Plaintiffs
v.
ROBERT E. HUMMEL, JR., ALLIED
SYSTEMS, LTD, and ALLIED
HOLDINGS, INC.,
Defendants
CIVIL DIVISION
MOTION IN LIMINE REGARDING INSURANCE
11107-2007
JURY TRIAL DEMANDED
FILED ON BEHALF OF:
Defendant, Robert E. Hummel, Jr.
COUNSEL OF RECORD FOR THIS PARTY:
Patrick M. Carey, Esquire
PAID# 50171
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
717 State Street- Suite 701
Erie, PA 16501
(814) 480-7800
(814) 455-3603- fax
EXHIBIT
j A
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DONALD SMODIC and
DORY SMODIC, his wife,
Plaintiffs
v.
ROBERT E. HUl''ll'wfEL, JR., ALLIED
SYSTEMS, LTD, and ALLIED
HOLDINGS, INC.,
Defendants
CIVIL DIVISION
11107-2007
JURY TRIAL DEMANDED
MOTION IN LIMINE REGARDING INSURANCE
AND NOW, comes the Defendant, Robert E. Hummel, Jr., by and through his
attorneys, Marshall, Dennehey, Warner, Coleman & Goggin and Patrick M. Carey, Esquire,
and in support of the instant Motion in Limine, avers as follows:
1. This matter arises out of an automobile accident that occurred on or about
january 9, 2006 on Interstate 376 in Westmoreland County, Pennsylvania.
2. In the above motor vehicle accident, a tractor trailer-car carrier driven by
Defendant, Robert E. Hummel, Jr., on behalf of Allied Systems, Ltd., was involved in a low
speed, low impact rear end collision with a pickup truck and utility trailer operated by the
Plaintiff, Donald Smodic, during rush hour, "stop and go" traffic.
3. The Defendants, Robert E. Hummel, Jr., Allied Systems, Ltd. and Allied
Holdings, Inc., have stipulated to and admitted liability for this accident.
4. The Defendants, Robert E. Hummel, Jr., Allied Systems, Ltd. and Allied
Holdings, Inc., are all insured under a commercial liability policy issued by American
International Companies, AIG, now referred to as Chartis Insurance Company.
5. Pennsylvania Rule of Evidence 411 provides:
Evidence that a person was or was not insured against liability
is not admissible upon the issue whether the person acted
negligently or otherwise wrongfully. This rules does not
require the exclusion of evidence of insurance against iiabiiity
when offered for another purpose, such as proof of agency,
ownership, or control, or bias or prejudice of a witness.
Pennsylvania Rule of Evidence 411.
6. Defendant requests that the Plaintiff and any other party to this litigation be
precluded from introducing any evidence to establish or suggest that the Defendants are
covered by a policy of liability insurance or that any verdict entered by the jury would be
paid by a policy of insurance. This evidence is highly prejudicial, has no probative value,
and is specifically excluded by Pennsylvania Rules of Evidence.
WHEREFORE, the Defendant respectfully requests an Order from this Honorable
Court precluding any party from introducing evidence that the Defendants had liability
insurance at the time of this accident.
-2-
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
By:
/ ~ ~ ( I ~ _
Patrick M. Carey, E s ~ 7
PA lD # 50171
717 State Street- Suite 701
Erie, PA 16501
(814) 480-7803
pmcarey@mdwcg.com
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DONALD SMODIC and
DORY SMODIC, his wife,
Plaintiffs
v.
T'1l rll.r11T::"T'11 ...... r:< 1'1'1' Jll!l"ll,.-T.'T TT'11 .._I' T TT:'n
l\.UD..1\.J L. flU1YUYJoL
1
jl\..
1
l1.LLJLU
SYSTEMS, LTD, and ALLIED
HOLDINGS, INC.,
Defendants
CIVIL DIVISION
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion
in Limine Regarding Insurance was mailed to the following listed below this ;l.l. ,..gay of
November, 2011 by courthouse box or United States First Class mail, postage pre-paid.
Richard C. Levine, Esquire
AINSMAN, LEVINE & DREXLER, LLC
330 Grant Street- Suite 1500
Grant Building
Pittsburgh, PA 15219
16/252807.v1
Paul A. Custer, Esquire
EISENBERG & TO RISKY
2925 One Oxford Centre
301 Grant Street
Pittsburgh, P A 15219-6416
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
__ r __
Patrick M. Carey, Esquir
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DONALD SMODIC and
DORY SMODIC, his wife,
Plaintiffs
v.
nnnr.T'I'T' r. T_TTJll...-lt..t'T."T TT'I A IT TUn
I\.VDJ::.ftl J::o, llULYUYlt::.L
1
ji\.,
1
.M.LLIJ.:.U
SYSTEMS, LTD, and ALLIED
HOLDINGS, INC.,
Defendants
ORDER
CIVIL DIVISION
111 f\7 '")(\(\"'7
.l..l..l.Vf-.-VV/
JURY TRIAL DEMANDED
AND NOW, to-wit, this __ day of _________ ~ 2011, upon
consideration of the Defendant, Robert E. Hummel, Jr.'s, Motion in Limine Regarding
Insurance, it is hereby ORDERED and DECREED that the Motion is GRANTED, and the
parties shall be precluded from introducing any evidence that the Defendants had
insurance coverage at the time of this accident.
BY THE COURT:
- - - - - - - - - - - - - - - - - - - - ~ J .
Renewal of No. NEW
Policy No. CA 979-90-48
MRt AMERICAN INTERNATIONAL COMPANIES
70 Pine Street New York, NY 10270
(2121 770-7000
Coverage is provided by
AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY
{a capital stock company)
TRUCKERS DECLARATIONS
ITEM ONE Named Insured & Mailing Address
ALLIED HOLDINGS INC
160 CLAIREMONT AVENUE
SUITE 200
DECATUR, GA 30030
Producer's Name & Mailing Address
USI OF GEORGIA INC
4480 N SHALLOWFORD RD # 222
ATLANTA, GA 30338
FORM OF BUSINESS:
llil CORPORATION 0 PARTNERSHIP 0 LIMITED LIABILITY COMPANY 0 INDIVIDUAL 0 OTHER
POLICY PERIOD: From 01/01/2006 to 01/01/2007 at 12:01 A.M. Standard Time at your mailing address shown above.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALl THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE
THE INSURANCE AS STATED IN THIS POLICY.
POLICY PREMIUMS:
PREMIUM FOR ENDORSEMENTS
*ESTIMATED TOTAL PREMIUM
$ INCLUDED
$ 3,264,319
*This policy may be subject to final audit.
Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002:
$29,000 Included In Pol icy Premium
SCHEDUlE OF STATE TAXES, FEES AN'o SURCHARGES, IF APPliCABlE:*
"State Taxes, Fees and Surcharges shown are in addition to the above referenced Estimated Total Premium.
ENDORSEMENTS ATTACHED TO THIS POLICY:
ll 00 17- Common Policy Conditions (ll 01 46 in Washington)
IL 00 21 - Broad Form Nuclear Exclusion (Not Applicable in New York)
SEE ATTACHED FORMS SCHEDULE
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE. TOGETHER WITH THE
CONDITIONS, COVERAGE FORMS, AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COI\.1
ABOVE NUMBERED POLICY EXHIBIT
46171 (7103)
CA OS 14 02 03
.ll" ,,., (" Dole I
Includes Services Office,lnc., Wth its permission. ISO Properties, Inc., 200
ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS
This policy provides only those coverages v.tlere a charge is shown in the premium column below. Each of these coverages will apply only to those
"autos" shov.n as covered Hautos". nAutos" are shovvn as covered "autos" for a particular coverage by the entry of one or more of the symbols from the
Covered Autos Section of the Truckers Coverage Form next to the name of the coverage.
COVERAGES
I DAMAGE
COVERED AUTOS
(Entry of one or more of the
symbols from tfle Covered Autos
Section of the Truckers
Coverage form shows which
LIMIT
THE MOST WE WILL PAY FOR ANY ONE
ACCIDENT OR LOSS
MINUS
P.P.J. ENDORSEMENT MINUS $
SEPARATELY STATED IN EACH MEDICAL EXPENSE AND INCOME lOSS .$
BENEFITS ENDORSEMENT.
ACTUAL
CASH
VALUE,
COST OF
REPAIR, OR
ACTUAL
CASH
'
PREMIUM
I CAUSES OF LOSS
ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN
I
Covered
Year, Model, Trade Name, Body Type Serial

Actuol Town & State The
Auto No.
Number lsi Vehicle Identification Number IVJN)
Cost & Covered Auto Will Be Principally
Now NEW {N) Garaged
I PER sgi@ULE ON Fl LE WITH !
USED !Ui
ro
Covered Radius Business Size GVW,

Primary Code EXCEPT For Towing, All Physical Damage Loss Is Payable
Auto No. Of u GCWOr Rating Rating To You And The loss Payee Named Below As Interests May
Operation
I'"'""'
Vehicle
F"' ""-
Factor Appear At the Time Of The loss.
'
Seating
Liab.
::_ Capacity
!PER nllLE 01 FILE W ITH
I
46171 (7/03)
CA OS 14 0203 Includes Services Office,lnc., with its permission. ISO Properties, Inc., 2000 Page 2of4
ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN (CONTINUED I
Urn it
Limit Stated In
P.F.l. Enti. Minus
Deductible
COVERAGES PREMIUMS, LIMITS AND DEDUCTIBLE$ !Absence of a deductible or limit entry In any
Premium Limit Stated
Each P.J.P. End.
Minus Deductible
Shown Below
COVERAGES PREMIUMS, LIMITS AND DECUCTIBLES [Absence of a deductible or limit entry in any
column below manns that the limit or deductible entry In the corresponding ITEM TWO column applies
Premium
'
Expense And lncoms Loss
Endorsement for Each Person
COVERAGES - PREMIUMS, liMITS AND DEDUCTJBLES !Absence of a deductible or limit entry in any
column below means that the limit or deductible enny in the corresponding ITEM TWO column applies
Premium
ADDED P.I.P.
Limit Stated In Each
Added P.I.P. End.
Premium
limit Stated In ITEM
TWO Minus
Deductible Shown
TWO Minus
Deductible Shown
I
TWO Minus
Deductible Shown
Below
Disablement
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS
LIABILITY COVERAGE- RATING BASIS, COST OF HIRE- AUTOS USED IN YOUR
TRUCKING OPERATIONS
ESTIMATED COST OF HIRE RATE PER EACH $100 COST OF HIRE TOTAl ESTIMATED PREMIUM
'
'
100.000
'
LIABILITY COVERAGE- RATING BASIS. COST OF HIRE -AUTOS NOT USED IN YOUR
TRUCKING OPERATIONS
STATE
ESTIMATED COST OF HIRE RATE PEA EACH $100 FACTOR llf Li11bility PREMIUM
FOR EACH STATE COST OF HIRE Coverage Is Primary)
PER SCH DULB ON FILE WITH COM ANY >INCLUDED
' ' '
TOTl\L PRH.1!!JM
INCLUDED
46171 17/031
CA OS 14 02 03 Includes co/fJ'rJI;lJiVIleC!fJpjlurance Services Office,lnc., 'IIIith its permission. ISO Properties, Inc., 2000 Page 3 of 4
D
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd)
PHYSICAL DAMAGE COVERAGE
LIMIT OF INSURANCE THE MOST ESTIMATED ANNUAL RATE PER EACH
COVERAGES
WE WILL PAY DEDUCTIBLE COST OF HIRE $:100 ANNUAL
PREMIUM
COST OF HIRE
ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS

' .
COMPREHENSIVE
LESS. MINUS $ OED. FOR EACH COVERED
AUTO, BUT NO DEDUCTIBLE APPLIES TO lOSS CAUSED BY
FIRE OR LIGHTNING.
SPECIFIED CAUSES OF
ACTU.o\L C.I\.SH VALUE OR. COST OF REPAIR, WHICHEVER IS

;
' LESS, MINUS $ 25 OED. FOR EACH COVERED AUTO
LOSS
FOR LOSS CAUSED BY MISCHIEF OR VANDALISM.
ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS
' '
' COLLISION LESS, MINUS $ OED. FOR EACH COVERED
AUTO.
TOTAL PREMIUM $
Cost of H1re means:
Ia} The total dollar amount of costs you incurred for the hire of automobiles (includes trailers and semitrailers), and if not included therein,
(b) The total remunerations of all operators and drivers helpers, of hired automobiles v.flether hired 'vVith a driver by lessor or an of
the lessee, or any other third party, and,
(c) The total dollar amount of any other costs !i.e., repair, maintenance, fUel, etc.) directly associated 'llith operating the hired automobiles
Vwtlether such costs are absorbed by the insured, paid to the lessor or owner, or paid to others.
ITEM FiVE SCHEDULE FOR NON-OWNERSHiP UABILiTY
RATING BASIS NUMBER PREMIUM
Number Of Employees
ON FILE $1 NCLUDED
Number Of Partners
$
TOTAL
INCLUDED
ITEM SIX TRAILER INTERCHANGE COVERAGE
COVERAGES LIMIT DAILY ESTIMATED
OF RATE PREMIUM
INSURANCE
COMPREHENSIVE
' '
SPECIFIED STATED
'
'
CAUSES OF LOSS IN
ITEM TWO
COLLISION
' '
TOTAL PREMIUM
'
ITEM SEVEN SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS - LIABILITY COVERAGE
RATES
ESTIMATED D Per $100 Of Gross Receipts PREMIUMS
YEARLY
0 Per Mile
LIABILITY AUTO MEDICAL MEDICAL INCOME LOSS LIABILITY AUTO MEDICAL MEDICAL INCOME LOSS
Gross Receipts
COVERAGE PAYMENTS EXPENSE BENEFITS COVERAGE PAYMENTS EXPENSE BENEFITS
D MileBge BENEFITS IVA Only} BENEFITS IVA IVA Only}
(VA Only} Only)
'

' '
' ' ' '

' ' ' ' '

'
' '

'
'
' '
'
' ' ' ' ' ' ' '
TOTAL PREMIUMS

' ' '
MINIMUM PREMIUMS 1$
When used as a premium basis:
Gross Receipts means the total amount to which you are entitled for shipping or transporting property during the policy period regardless of
.....nether you or any other carrier originate the shipment or transportation, Receipts" includes the total amount received from renting
equipment, With or .....;thout drivers, to anyone v.ho is not a and 15% of the total amount received from renting any equipment to any
Gross Receipts does not include:
A. Amounts you pay to railroads, steamship Jines, airlines and other motor carriers operating under their ov.n ICC or PUC permits.
B. Advertising revenue.
C. Taxes Vvflich you collect as a separate item and remit directly to a governmental division.
D. C.O.D. collections for cost of mail or merchandise including colfectiun fees.
E. Warehouse storage fees.
46171 {7/03)
CADS 14 02 03 Includes co,/Jdrfi;-IJiVSeCJaflYurance Services Office,lnc., Wth its permission. ISO Properties, Inc . 2000 Page 4 of 4
5/GNUJ
By signing below, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the
terms of this policy.
President

AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY
This policy shall not be valid unless signed at the time of issuance by an authorized representative of the
Insurer, either below or on the Declarations page of the jJolicy.

'AUthOriZed Representative
Archive Copy
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re: ) Chapter 11
) (Jointly Administered)
ALLIED SYSTEMS HOLDINGS, INC., et al.,
1
)
) Case No. 12-11564 (CSS)
Debtors. )
) Related Docket Nos. ____

ORDER GRANTING MOTION OF DONALD SMODIC AND DORY SMODIC FOR
RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIM

Upon consideration of the motion of Donald Smodic and Dory Smodic (together, the PI
Claimants) for relief from the automatic stay to pursue personal injury claim (the Motion)
2
,
the Court having reviewed the Motion and the responses thereto, if any; the Court having found
that adequate notice of the Motion having been given; and after due deliberation and sufficient
cause appearing therefore, it is hereby:
ORDERED, that the Motion is GRANTED; and it is further
ORDERED, that the PI Claimants are granted relief from the automatic stay in order to
proceed in all respects with the adjudication or settlement of the PI Claims, including collection
on any judgment entered therein or any settlement proceeds resolving the PI Claims; and it is
further

1
The Debtors in these cases, along with the federal tax identification number (or Canadian business number where
applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); allied Automotive Group, Inc.
(58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied
Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis
Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin
Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786);
Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX
LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582).
2
Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Motion.
ORDERED that the fourteen (14) day stay of this Order prescribed by Fed. R. Bankr. P.
4001(a)(3) is waived, and this Order is effective and enforceable immediately upon entry; and it
is further
ORDERED, that the PI Claimants may pursue the Debtors and any potentially
responsible third parties for any claims arising out of or related to the collision; and it is further
ORDERED, that this Court shall retain jurisdiction to adjudicate any disputes arising
under or with respect to any other matters related to the implementation of this Order.


Dated: _____________________, 2012 _____________________________
The Honorable Christopher S. Sontchi
United States Bankruptcy Judge