GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201-4761 Telephone: (214) 999-3000

Facsimile: (214) 999-4667 Holland N. O Neil (TX 14864700) Marcus Helt (MO 50374 and KS 20080) -ANDJAFFE RAITT HEUER & WEISS, P.C. 27777 Franklin Road, Suite 2500 Southfield, Michigan 48037-8214 Telephone: (248) 351-3000 Facsimile: (248) 351-3082 Judith Greenstone Miller (P29208) Louis P. Rochkind (P24121) ATTORNEYS FOR BEIRNE, MAYNARD & PARSONS, LLP

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

BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. S 105(A) AND FED. R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS
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. 05-55991; 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/Ida 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. 05-55964; 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. 0555946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 0555962; and Wickes Manufacturing Company, Case No. 05-55968.

BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 1 of 14
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Beirne, Maynard & Parsons, LLP (BMP) files this Motion for Order Under 11 U.S.C. 105(a) and Fed. R. Bankr. P. 2004 Compelling the Attendance of an Authorized Representative and the Production of Documents (the Motion). In support thereof, BMP states as follows: I. JURISDICTION AND VENUE 1. 1334. 2. Venue appears proper in this judicial district pursuant to 28 U.S.C. 1408 and This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and

1412. The predicates for the relief sought herein are 11 U.S.C. 105(a) and Fed. R. Bankr. P. 2004. II. RELEVANT BACKGROUND A. General Background 3. On May 18, 2005 (the Petition Date), Collins & Aikman et al. (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. No trustee or examiner has been appointed in these cases. On the Petition Date, this Court entered an order jointly administering these cases pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure (the Federal Bankruptcy Rule(s)). 4. The Debtors and their non-debtor affiliates are global suppliers of automotive

components, systems, and modules to all of the world largest vehicle manufacturers, including s DaimlerChrysler AG, Ford Motor Company, General Motors Corporation, Honda Motor
BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 2 of 14
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Company, Inc., Nissan Motor Company Unlimited, Porshe Cars GB, Renault Createur D Automobiles, Toyota SA, and Volkswagon AG. B. BMP and the Debtors 5. BMP is a Texas limited liability partnership formed in 1987 to provide various

legal services throughout Texas and the world. 6. Prior to the Petition Date, BMP provided legal services to the Debtors valued over

$500,000.00 for which it has not been paid. 7. On or about December of 2001, BMP was contacted by the law firm of

Honigman, Miller, Schwartz & Cohn LLP to represent Debtors in various litigation matters in the state of Texas related to asbestos lawsuits filed against Debtors, based on its prior ownership of the Wickes Boiler Company. Over the past three and one-half years, the amount of asbestosrelated lawsuits filed against Debtors in Texas has increased substantially. As of the Petition Date, BMP was representing Debtors in over eighteen (18) lawsuits throughout the state of Texas. 8. Throughout BMP representation of Debtors, BMP was required to submit all s

billing related to its representation of Debtors to the law firm of McDonald Hopkins, CO., L.P.A. (McDonald Hopkins) Upon review and approval of the billing statements for legal fees, McDonald Hopkins would forward the approved billing statements to Debtors for payment. Upon information and belief, once the billing statements were paid by Debtors, the Debtors would then present the bills to a consortium of insurance companies for reimbursement. This process continued until on or about August 2004. Since August 2004, BMP has continued to

BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 3 of 14
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submit its invoices according to the above procedures but has failed to receive payment for any of the legal work performed. III. REQUEST FOR RELIEF 9. BMP respectfully requests this Court authorization to examine the Debtors s

pursuant to Federal Bankruptcy Rule 2004 regarding the topics listed on the attached Exhibit B and the documents listed on the attached Exhibit C. By this Motion, BMP respectfully requests that this Court enter an order compelling the Debtors to appear and to testify about the topics identified on the attached Exhibit B and to produce true and correct copies of the documents identified on the attached Exhibit C. BMP requests that the examination be scheduled for October 25, 2005 and continued thereafter until concluded, and that the documents be produced to counsel for BMP no later than October 7, 2005 at 10:00 a.m. (Eastern). IV. APPLICABLE LAW 10. Federal Bankruptcy Rule 2004 (Rule 2004) authorizes any party in interest to

move for a court order directing the examination of any entity and the production of documents (a Rule 2004 Examination). See Fed. R. Bankr. P. 2004(a) (2005). Rule 2004 further

provides, in pertinent part, the following: .... (b) Scope of the Examination. The examination of an entity under this rule . . . may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor estate, s or to the debtor right to a discharge . . . . [T]he examination may s also relate to the operation of any business and the desirability of its continuance, the source of any money or property acquired or to be acquired by the debtor for purposes of consummating a plan and the consideration given or offered therefor, and any other matter
BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 4 of 14
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relevant to the case or to the formulation of a plan. (c) Compelling Attendance and Production of Documents. The attendance of an entity for examination and for the production of documents, whether the examination is to be conducted within or without the district in which the case is pending, may be compelled as provided in Rule 9016 . . . . .... Fed. R. Bankr. P. 2004(b) (2005) (emphasis added). 11. Rule 2004 has been termed the basic discovery device used in bankruptcy

cases. In re J. Fife Symington, III, 209 B.R. 678, 683 (Bankr. D. Md. 1997) (citations omitted). The purpose of a Rule 2004 Examination is to provide creditors and parties in interest with an investigatory tool regarding a debtor assets, liabilities, and any other matter that may affect the s administration of the debtor estate. See In re Symington, 209 B.R. at 684 (noting that a Rule s 2004 Examination is an investigatory tool, its nature is inquisitory rather than accusatory. . . .); See also In re Mittco, Inc., 44 B.R. 35, 37 (Bankr. E.D. Wis. 1984) (permitting the discovery of an accountant workpapers). s 12. The scope of Rule 2004 is unfettered and broad. In re GHR Energy Corp., 33

B.R. 451, 453 (Bankr. D. Mass 1983). Further, a Rule 2004 examination has been described as a fishing expedition. See, e.g., In re Bakalis, 199 B.R. 443, 447 (Bankr. E.D.N.Y. 1996); In re French, 145 B.R. 991, 992 (Bankr. D. S.D. 1992); In re Wilcher, 56 B.R. 428, 433 (Bankr. N.D. Ill. 1985); In re Vantage Petroleum Corp., 34 B.R. 650, 651 (Bankr. E.D.N.Y. 1983). 13. If challenged, a party seeking information under Rule 2004 must show good cause

for the relief requested. See Bank One, Columbus, N.A. v. Hammond (In re Hammond), 140 B.R. 197, 201 (S.D. Ohio 1992). Good cause is established if the one seeking the . . . [information]
BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 5 of 14
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has shown that such [information] is reasonably necessary for the protection of its legitimate interests. In re Hammond, 140 B.R. at 201 (opining that bank had the right to examine the debtor because doing so might establish grounds for a challenge to the debtor's right to discharge); see also In re Express One Int'l, Inc., 217 B.R. 215, 217 (Bankr. E.D. Tex. 1998) (Generally, good cause requires a showing that the [information] sought is necessary to establish the claim of the party seeking the [information].); In re Grabill Corp., 109 B.R. 329, 335 (N.D. Ill. 1989) (opining that banks had a legitimate interest in obtaining evidence and information in order to make informal decisions about what action they should take to protect their interests). 14. The broad scope of Rule 2004 is more than adequate to authorize the relief

requested herein. BMP holds a claim against the Debtors for unpaid legal services in an amount not less than $500,000.00. Upon information and belief, the Debtors have received money for legal services provided to it by BMP. Accordingly, it is proper and meritorious for BMP to request testimony and information regarding the money received by the Debtors for legal services provided to it by BMP. Therefore, the relief sought herein should be granted. 15. Counsel for BMP have complied with Local Bankruptcy Rule 2004-1(E.D.M.) as

counsel for BMP contacted Robert Weisberg, counsel for the Debtors, to attempt to obtain the requested documents and schedule an examination of the Debtors representatives prior to the filing of the Motion. Mr. Weisberg advised counsel for BMP that he would attempt, but had been unsuccessful in obtaining the documents sought by BMP, and BMP could seek their production through the Motion. 16. A proposed Order granting the relief sought herein is attached as Exhibit A.

BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 6 of 14
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V. CONCLUSION WHEREFORE, BMP respectfully requests that this Court enter an Order: (a) Compelling the Debtors to appear and to testify regarding the topics listed on the attached Exhibit B and the documents listed on attached Exhibit C on October 25 2005, at 10:00 a.m. (Eastern) in the offices of Jaffe, Raitt, Heuer & Weiss, P.C., 27777 Franklin Road, Suite 2500, Southfield, Michigan 48037-8214 and continuing thereafter until concluded; Compelling the Debtors to produce the documents listed on the attached Exhibit C to counsel for BMP at the addresses listed herein no later than October 7, 2005 at 10:00 a.m. (Eastern); and Granting BMP such other and further relief that is just and equitable.

(b)

(c)

Dated: September 21, 2005 Southfield, Michigan GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201-4761 Telephone: (214) 999-3000 Facsimile: (214) 999-4667 Holland N. O Neil (TX 14864700) Marcus Helt (MO 50374 and KS 20080)
AND

JAFFE RAITT HEUER & WEISS, P.C. 27777 Franklin Road, Suite 2500 Southfield, Michigan 48037-8214 Telephone: (248) 351-3000 Facsimile: (248) 351-3082 Judith Greenstone Miller (P29208) Louis P. Rochkind (24121) BY:/S/ JUDITH GREENSTONE MILLER Judith Greenstone Miller (P29208) Louis P. Rochkind (24121) ATTORNEYS FOR BEIRNE, MAYNARD & PARSONS, LLP.
BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 7 of 14
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BEIRNE, MAYNARD & PARSONS, LLP MOTION FOR ORDER UNDER 11 U.S.C. 105(a) AND FED. S R. BANKR. P. 2004 COMPELLING THE ATTENDANCE OF AN AUTHORIZED REPRESENTATIVE AND THE PRODUCTION OF DOCUMENTS - Page 8 of 14
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