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

et al., ) ) ) ) ) ) ) )

Chapter 11 Case No. 05-55927 Jointly Administered Honorable Steven W. Rhodes

Debtors.

EX PARTE MOTION SHORTENING NOTICE AND SETTING FOR HEARING THE EMERGENCY MOTION AND MEMORANDUM OF LAW OF GENERAL ELECTRIC CAPITAL CORPORATION TO COMPEL PAYMENTS UNDER MASTER LEASE AGREEMENTS General Electric Capital Corporation (GECC), by its undersigned counsel, hereby submits this Motion (this Motion) for an ex parte order shortening notice and setting for hearing GECCs Emergency Motion (the Emergency Motion) to compel payments under master lease agreements. In support of this Motion, GECC states as follows: BACKGROUND 1. On May 17, 2005, the Debtors filed voluntary petitions in this Court for relief under chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101-1330, as amended (the Bankruptcy Code). The Debtors continue to manage and operate their businesses as debtors-in-possession pursuant to Sections 1107 and 1108 of the Bankruptcy Code. By order of this Court, the Debtors chapter 11 cases are being jointly administered for procedural purposes only. 2. No trustee or examiner has been appointed in the Debtors chapter 11 cases. On May 24, 2005, the United States Trustee for the Eastern District of Michigan appointed a statutory committee of unsecured creditors in these chapter 11 cases pursuant to 1102 of the Bankruptcy Code.

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3. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C. 157(b). RELIEF REQUESTED 4. GECC respectfully requests that the Court set the Emergency Motion for hearing at the next omnibus hearing in these cases, scheduled for November 10, 2005 at 2:00 p.m. (EDT). BASIS FOR RELIEF 5. As described more fully in the Emergency Motion filed contemporaneously herewith, GECC requests that the Court compel (a) Collins & Aikman Products Co. (Products) to pay post-petition tax payments totaling almost $300,000 and (b) the Becker Group, Inc. (Becker) to pay post-petition equipment lease payments totaling almost $210,000 as required by section 365 of the Bankruptcy Code, 11 U.S.C. 101-1330 (the Bankruptcy Code). 6. As set forth more fully in the Emergency Motion, GECC entered into equipment leases (the Leases) with Becker and Products during the prepetition period. While GECC has attempted to obtain the Debtors post-petition performance under the Leases, the Debtors have refused to fully perform their obligations. To date, the Debtors are delinquent in making post-petition administrative expense

payments under the Leases in the amount of approximately $510,000. While GECC has endeavored to resolve this matter consensually, it has become clear that the Debtors will continue to refuse to perform under the Leases absent this Courts intervention. 7. Accordingly, GECC is requesting that the Court set the Emergency Motion for hearing on November 10, 2005 at 2:00 p.m. (EDT). No party in interest will be prejudiced by setting the

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Emergency Motion for hearing at the November omnibus hearing, as GECC is only seeking to shorten the relevant notice period (i.e., fifteen days) by two days. 8. Conversely, GECC will be severely prejudiced in the absence of an order shortening the time for notice and a hearing on the Emergency Motion. Indeed, after the November 10 hearing, the date of the next scheduled omnibus hearing in these cases is December 8, 2005. GECC will suffer significant harm if the Debtors are permitted to continue to use the valuable equipment leased under the Leases until December 8, 2005, without making the required post-petition administrative expense payments to GECC. 9. Therefore, pursuant to Federal Rule of Bankruptcy Procedure 9006, GECC seeks through this Motion to shorten notice and set the Emergency Motion for hearing at the November 10, 2005 omnibus hearing.

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WHEREFORE, for the reasons stated herein, GECC respectfully request that the Court enter an Order substantially in the form attached as Exhibit A hereto, and grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

/s/ Judy A. ONeill FOLEY & LARDNER LLP Judy A. ONeill One Detroit Center 500 Woodward Avenue, Suite 2700 Detroit, Michigan 48226 Telephone:(313) 442-6490 Facsimile: (313) 234-2800 -andDavid S. Heller Josef S. Athanas LATHAM & WATKINS LLP 233 South Wacker Drive Sears Tower, Suite 5800 Chicago, Illinois 60606 Telephone: (312) 876-7700 Facsimile: (312) 993-9767

ATTORNEYS FOR GENERAL ELECTRIC CAPITAL CORPORATION

Dated: October 28, 2005

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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., ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 Jointly Administered Honorable Steven W. Rhodes

Debtors.

EX PARTE ORDER GRANTING GENERAL ELECTRIC CAPITAL CORPORATIONS EX PARTE MOTION SHORTENING NOTICE AND SETTING FOR HEARING THE EMERGENCY MOTION AND MEMORANDUM OF LAW OF GENERAL ELECTRIC CAPITAL CORPORATION TO COMPEL PAYMENTS UNDER MASTER LEASE AGREEMENTS This matter having come before this Court on General Electric Capital Corporations (GECC) Ex Parte Motion For Shortening Notice and Setting for Hearing the Emergency Motion and Memorandum of Law of General Electric Capital Corporation to Compel Payments Under Master Lease Agreements (the Motion);1 the Court having reviewed the Motion, and it appearing that the relief requested in the Motion is necessary and is in the best interests of GECC, the Debtors, their estates and their creditors; and after due deliberation and sufficient cause appearing therefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Motion is hereby granted in all respects.

Capitalized terms not otherwise defined herein shall have the meaning(s) ascribed to them in the Motion.

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2. hearing.

The Emergency Motion shall be heard by this Court at the November 10, 2005 omnibus

Dated: ________________, 2005 Detroit, Michigan ______________________________________ Honorable Steven W. Rhodes UNITED STATES BANKRUPTCY JUDGE

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