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

AMENDED EX PARTE MOTION FOR AN ORDER SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON: DEBTORS MOTION FOR THE ENTRY OF ORDERS APPROVING BIDDING PROCEDURES, SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF THE DEBTORS CARPET & ACOUSTICS BUSINESS FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS AND RELATED RELIEF The above-captioned debtors (collectively, the Debtors), in support of their amended ex parte motion for order shortening notice period and scheduling an expedited hearing (the Ex Parte Motion) on the portion of the relief requested in the Debtors Motion for the Entry of

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/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. 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 Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.

K&E 11744009.4

0W[;'$6

0555927070422000000000003

#(

Orders Approving Bidding Procedures, Sale of Substantially All of the Assets of the Debtors Carpet & Acoustics Business Free and Clear of Liens, Claims, Encumbrances and Interests and Related Relief (the Procedures and Sale Motion) pursuant to which the Debtors seek the entry of an order approving bidding procedures and related relief with respect to the proposed sale of substantially all of the assets of their Carpet & Acoustics Business (the Bidding Procedures Relief), respectfully state as follows:2 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 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 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, 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 the official committee of

unsecured creditors pursuant to section 1102 of the Bankruptcy Code (the Committee).
2 Capitalized terms used but not otherwise defined in the Ex Parte Motion have the meanings set forth in the Procedures and Sale Motion.

2
K&E 11744009.4

6.

On January 11, 2007, the Court approved on a final basis that certain

Customer Agreement (the Customer Agreement) by and between the Debtors, the agents for the Debtors senior, secured prepetition and postpetition lenders (the Agents) and certain of the Debtors principal customers (the Customers) [Docket No. 3890]. The Customer Agreement, among other things, provides for a framework to facilitate the orderly sale of a majority of the Debtors businesses with the support of the Agents and the Customers. 7. 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. The Plan is supported by, among others, the unofficial steering committee for the Debtors senior, secured prepetition lenders, the Committee and the Customers. 8. On April 20, 2007, the Debtors filed the Procedures and Sale Motion, seeking

entry of an order approving, among other things: (a) the Bidding Procedures Relief; and (b) an asset purchase agreement for the sale of substantially all of the assets of the Debtors Carpet & Acoustics Business to International Automotive Components Group North America, Inc. (the Purchaser) free and clear of liens, claims, encumbrances and interests and other related relief (the Sale Approval Relief). The Debtors are not seeking an expedited notice period or hearing on the Sale Approval Relief in the Ex Parte Motion. Relief Requested 9. The Debtors request that, pursuant to Bankruptcy Rule 9006(c) and

Local Rule 9006-1(b), the Court shorten the notice period for objecting or otherwise responding to the Bidding Procedures Relief to April 27, 2007 at 4:00 p.m. prevailing Eastern Time and 3
K&E 11744009.4

schedule the Bidding Procedures Relief to be heard on April 30, 2007 at 2:00 p.m. prevailing Eastern Time or as soon thereafter as counsel may be heard.3 Basis for Relief 10. As the Debtors have disclosed to the Court and publicly, to maximize the value of

the Debtors estates and save jobs, the Debtors are pursuing a cooperative sale process, which the Debtors expect will culminate with the confirmation of their Plan. Additionally, under

Article X.A. of the Plan, confirmation of the Plan is conditioned upon, among other things, the Debtors having consummated the sale of the Carpet & Acoustics Business. The Court has scheduled a hearing on confirmation of the Plan for May 24, 2007. 11. As described in the Procedures and Sale Motion, in an effort to satisfy the

conditions to confirmation of their Plan, the Debtors, in consultation with their advisors, have worked diligently to market and sell the assets of the Carpet & Acoustics Business. After examining the bids received from potential buyers for such assets, the Debtors determined that the Purchasers offer for the Purchased Assets was the best offer received. 12. The Debtors, however, seek to subject the Purchasers offer to an auction, which

the Debtors believe will ensure that the Debtors maximize the value received for the Purchased Assets to the benefit of the Debtors estates and creditors. Specifically, the Debtors have agreed to market the Purchased Assets for up to thirty days after entry of the Bidding Procedures Order. Accordingly, among other things, to satisfy this marketing requirement, maximize the value of the Debtors assets before confirmation of the Plan and help ensure that the Debtors scheduled confirmation hearing is not delayed given that the sale of the Debtors

The Debtors have amended the relief sought in the Ex Parte Motion at the request of certain constituents so that those constituents may have additional time to review and consider the Bidding Procedures Relief.

4
K&E 11744009.4

Carpets & Acoustics Division is a condition to confirmation and consummation of the Plan, the Debtors seek the Courts authorization to hold a bidding procedures hearing on shortened notice. 13. Pursuant to 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 determine appropriate notice for conducting a hearing on the matters presented by the Bidding Procedures Relief. 14. For the reasons set forth above and in the Procedures and Sale Motion, good and

sufficient cause exists to consider the Bidding Procedures Relief on an expedited basis as set forth herein.

5
K&E 11744009.4

WHEREFORE, the Debtors respectfully request the entry of an order, substantially in the form attached hereto as Exhibit A, (a) shortening the period for objecting or otherwise responding to the Bidding Procedures Relief to April 27, 2007 at 4:00 p.m. prevailing Eastern Time, (b) scheduling an expedited hearing on the Bidding Procedures Relief on April 30, 2007 at 2:00 p.m. prevailing Eastern Time or as soon thereafter as counsel may be heard and (c) granting such other and further relief as this Court deems appropriate. Dated: April 22, 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

6
K&E 11744009.4

EXHIBIT A

K&E 11744009.4

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 SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON: DEBTORS MOTION FOR THE ENTRY OF ORDERS APPROVING BIDDING PROCEDURES, SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF THE DEBTORS CARPET & ACOUSTICS BUSINESS FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS AND RELATED RELIEF Upon the amended ex parte motion for order shortening notice period and scheduling an expedited hearing (the Ex Parte Motion) on the portion of the relief requested in the Debtors Motion for the Entry of Orders Approving Bidding Procedures, Sale of Substantially All of the

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/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. 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 Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.

K&E 11744009.4

Assets of the Debtors Carpet & Acoustics Business Free and Clear of Liens, Claims, Encumbrances and Interests and Related Relief [Docket No. 4538] (the Procedures and Sale Motion) pursuant to which the Debtors seek the entry of an order approving bidding procedures and related relief for the proposed sale of substantially all of the assets of their Carpet & Acoustics (the Bidding Procedures Relief);2 it appearing that the Court has jurisdiction 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; it appearing that notice of the Ex Parte Motion and the opportunity for a hearing on the Ex Parte Motion was appropriate under the particular circumstances and that no other or further notice need by given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED 1. 2. The Ex Parte Motion is granted in its entirety. A hearing on the Bidding Procedures Relief will be conducted before the

Honorable Steven W. Rhodes on April 30, 2007 at 2:00 p.m. prevailing 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 Bidding Procedures Relief shall be

April 27, 2007 at 4:00 p.m. prevailing Eastern Time.

Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Ex Parte Motion and the Procedures and Sale Motion.

2
K&E 11744009.4

4.

The Debtors shall immediately serve a copy of this Order and, to the

extent such motion has not previously been served, the Procedures and Sale Motion upon the Core Group and the Primary Service List.3 5. The Debtors are 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.

Capitalized terms used in this paragraph 4 not otherwise defined herein shall have the meanings set forth in the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005. [Docket No. 294].

3
K&E 11744009.4