In Re: )

)
)

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Chapter 11

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COLLINS & AIKMAN CORPORATIONl)

Case No. 05-55927

Debtors. )
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(Jointly Administered)

Honorable Steven W. Rhodes

EX PARTE MOTION FOR ORDER SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON:

COLLINS & AIKMAN POST-CONSUMMATION TRUST'S MOTION TO APPROVE SETTLEMENT AND COMPROMISE OF CLAIMS WITH RESPECT TO GENERAL MOTORS CORPORATION AND TRANSFER OF TITLE IN TOOLING FREE AND CLEAR OF LIENS, CLAIMS AND INTERESTS

The Collins & Aikman Post-Consummation Trust (the "Trust"), as

successor in interest to Collins & Aikman Corporation and its affilated debtors1 The Debtors in the jointly admiistered 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; Collns & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentia), Inc. (f/k/ a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collns & 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/k/ a Textron Automotive
International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 0555969; 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. 0555971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins

& Aikman Intellmold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collns & Aikman Interiors, Inc., Case No. 05-55970; Collns & 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. 05-55946; Southwest
Laminates, Inc. (d/b/a Southwest Fabric Lamiators Inc.), Case No. 05-55948; Wickes Asset Management,

Inc., Case No. 05-55962; and Wickes Manufactuing Company, Case No. 05-55968.

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in-possession (individually and collectively, the "Debtors"), in support of its ex

parte motion for order shortening notice period and scheduling an e)(pedited

hearing (the "E)(pedited Motion") on the Collins & Aikman Post-Consummation

Trust's Motion to Approve Settlement and Compromise of Claims with Respect to

General Motors Corporation and Transfer of Title in Tooling Free and Clear of Liens,

Claims and Interests (the "Settlement Motion") respectfully states as follows:2

I uris diction

1. This Court has jurisdiction over this matter pursuant to 28 u.sc.

1334. This is a "core" proceeding within the meaning of 28 U.sc. 157(b)(2).

2. Venue is proper pursuant to 28 U.S.c. 1408 and 1409.
3. The statutory bases for the relief requested herein are Rules 9006

and 9007 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules")

and Rule 9006-1(b) of the Local Rules of the United States Bankruptcy Court,
Eastern District of Michigan.

Background

4. On May 17, 2005 (the "Petition Date"), the Debtors fied their
voluntary petitions for relief under Chapter 11 of the Bankruptcy Code, 11 U.sc.

101-1330 (the "Bankruptcy Code").

Relief Requested
5. The Trust requests that, pursuant to Bankruptcy Rule 9006(c) and

Local Bankruptcy Rule 9006-1

(b), the Court shorten the notice period for

2 Capitalized terms used but not defined herein shall have the meaning ascribed to them as set forth in the Settlement Motion.
2

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objecting or otherwise responding to the Settlement Motion to December 29, 2008

at 5:00 p.m. prevailng Eastern Time and schedule the Settlement Motion to be
heard on December 30, 2008 at 2:00 p.m. prevailng Eastern Time.

Basis for Relief

6. Contemporaneously with the filing of this E)(pedited Hearing

Motion, the Trust filed the Settlement Motion seeking Court approval of the
Settlement Agreement.
7. The Settlement Motion seeks approval of a settlement between the

Debtors, the Trust and General Motors Corporation ("GM"), which globally

resolves among other things, (a) a long-standing dispute between the Trust and
GM regarding the amount owed for the Tooling; (b) any and all claims that GM

has or may have against the Debtors and the Trust; and (c) any and all claims
that the Debtors and the Trust may have against GM.

8. Also, upon GM's payment of the Settlement Amount, title in and to

the Tooling wil vest in GM free and clear of any and all liens, claims,
encumbrances and other interests.
9. As a condition to the payment of the Settlement Amount, the Trust

is required to obtain a Court order approving the agreement. Accordingly, the

Trust is requesting an e)(pedited notice period and hearing to avoid any

unnecessary disruption to the matters covered under the Settlement Agreement

and to enable the Trust and the Debtors' estates to obtain the financial and other
benefits of the Settlement Agreement. Therefore, by this E)(pedited Motion, the

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Trust seeks entry of an order granting shortened notice in connection with the

Settlement Motion and scheduling an e)(pedited hearing on the Settlement

Motion, consistent with Local Rule 9006-1(b).

10. Pursuant to Bankruptcy Rule 9007, the Court has authority to

regulate the time within which, the entities to whom, and the form and maner
in which notice shall be given, which includes the authority to determine

appropriate notice for conducting a hearing on the matters presented by the

Settlement Motion.
11. For the reasons set forth above and in the Settlement Motion, good

and sufficient cause e)(ists to consider the Settlement Motion on an e)(pedited

basis as forth herein.
12. GM concurs in the relief sought in this E)(pedited Motion.
13. Accordingly, the Trust respectfully requests that the Court set

December 29, 2008 at 5:00 p.m. as the deadline for parties in interest to object to

the relief requested in the Settlement Motion. The Trust further requests that if

an objection or other response to the Settlement Motion is properly filed and

served, that the Court schedule an e)(pedited hearing on December 30, 2008 at

2:00 p.m., to consider the relief sought in the Settlement Motion.

WHEREFORE, the Trust respectfully requests the entry of an order,

substantially in the form attached hereto as E)(hibit 1 (a) shortening the period
for objecting or otherwise responding to the Settlement Motion to December 29,

2008 at 5:00 p.m. prevailng Eastern Time, (b) scheduling an e)(pedited hearing
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on the Settlement Motion for December 30, 2008 at 2:00 p.m. prevailng Eastern

Time or as soon thereafter as counsel may be heard and (c) granting such other
relief as is just and proper.

Respectfully Submitted,
CARSON FISCHER, P .L.C.

LSI David E. Schlackman

Joseph M. Fischer (P13452) David E. Schlackman (P58894)

Patrick J. Kukla (P60465) 4111 Andover Road West - Second Floor

Bloomfield Hils, Michigan 48302

Telephone: (248) 644-4840
Facsimile: (284) 644-1832
Counsel for the Trust

Dated: December 17, 2008.

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In re: ) Chapter 11
)

COLLINS & AIKMAN CORPORATION, et aLlt. ) Case No. 05-55927 (SWR)

Debtors. )

) (Jointly Administered)

) Honorable Steven W. Rhodes

---------------------------------------------------------------- )(

ORDER SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON:

COLLINS & AIKMAN POST-CONSUMMATION TRUST'S MOTION TO APPROVE SETTLEMENT AND COMPROMISE OF CLAIMS WITH RESPECT TO GENERAL MOTORS CORPORATION AND TRANSFER OF TITLE IN TOOLING FREE AND CLEAR OF LIENS, CLAIMS AND INTERESTS

Upon the ex parte motion for order shortening notice period and
scheduling an e)(pedited hearing (the "E)(pedited Hearing Motion")2 on the

The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d//a! Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 0555957; 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/ka Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc.

(f/k/a Textron Automotive (Asia), Inc.), Case No. 05-55991; Collns & Aikman Automotive Exteriors, Inc. (f/ka 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 Intemational, Inc., Case No. 05-55980; Collns & Aikman Automotive Intemational Services, Inc. (f/ka 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/ka 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; Collns & Aikman Fabrics, Inc. (d//a Joan Automotive Industries, Inc.), Case No. 05-55963; Collns & 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 Intemational 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//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//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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Collns & Aikman Post-Consummation Trust's Motion to Approve Settement and

Compromise of Claims with Respect to General Motors Corporation (the "Settlement

Motion"); it appearing that the Court has jurisdiction over this matter pursuant

to 28 U.sc. 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 E)(pedited Hearing Motion in this District is proper pursuant

to 28 U.sc. 1408 and 1409; and after due deliberation and sufficient cause
appearing therefore, it is hereby ORDERED:

1. The E)(pedited Hearing Motion is granted in its entirety.

2. A hearing on the Settlement Motion wil be conducted before the

Honorable Steven W. Rhodes, on December 30, 2008 at 2:00 p.m.

prevailng Eastern Time or as soon thereafter as counsel may be heard in

the United States Bankruptcy Court, 211 W. Fort Street, Detroit, Michigan
48226.

3. The objection deadline for the relief requested by the Trust in the
Settlement Motion shall be December 29,2008 at 5:00 p.m. prevailng
Eastern Time.

4. The Trust shall immediately serve a copy of this Order and, to the e)(tent
such motion has not previously been served, the Settlement Motion upon
the Core Group and Affected Parties.

Except as otherwise set forth herein, capitalized terms used but not otherwise defined herein shall have the
meanings set forth in the Expedited Hearing Motion or Settlement Motion as applicable.

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5. The Trust is authorized and empowered to take all actions necessary to

implement the relief granted in this Order.
6. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

7. The Court retains jurisdiction with respect to all matters arising from or
related to the implementation of this Order.

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