UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: Collins & Aikman

Corporation, et. al., Bankruptcy Case No. 05-55927 (Jointly Administered) Honorable Steven W. Rhodes Debtors. Chapter 11 / EX-PARTE MOTION FOR ORDER SHORTENING NOTICE PERIOD AND SCHEDULING EXPEDITED HEARING ON: MOTION OF H.P. PELZER AUTOMOTIVE SYSTEMS, INC. PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 3018(a) TO ALLOW CLAIMS FOR PLAN VOTING PURPOSES AND FOR RELIEF FROM AN ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b) NOW COMES H.P. Pelzer Automotive Systems, Inc. ("H.P. Pelzer") by its attorneys, Stevenson & Bullock, P.L.C., and for its Ex-Parte Motion for Order Shortening Notice Period and Scheduling Expedited Hearing its Motion pursuant to Rule 3018(a) of the Federal Rules of Bankruptcy Procedure to allow its claims for the limited purpose of voting on the First Amended Joint Plan of Collins & Aikman Corporation And Its Debtors Subsidiaries (the "Plan") and for relief from an order pursuant to Federal Rule of Civil Procedure 60(b) (the Underlying Motion) and states as follows JURISDICTION 1. 2. 3. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. Venue is proper pursuant 28 U.S.C. 1408 and 1409. The statutory basis for the relief requested herein is F.R.B.P. 9006- 9007 This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2).

and L.B.R. 9006-1(b)(E.D.M.). BACKGROUND 4. On May 17, 2005 (the "Filing Date") Debtors filed their voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code. No trustee or examiner has been appointed in these cases. Previously, the Court entered an order jointly administering these cases pursuant to F.R.Bankr.P. 1015(b).

0W[;'$:

-m

0555927070426000000000013

5.

H.P. Pelzer timely filed a Proof of Claim in the Collins & Aikman

Corporation (Claim No. 5195) and Collins & Aikman Products Co. (Claim No. 7994) cases (collectively, the "Claims"). The Claims asserted secured claims in the amount of $325,814.70. H.P. Pelzer holds rights to, inter alia, setoff and/or recoupment arising from, related to, or in connection with the Claims. 6. 7. On January 26, 2007 the Court entered an Order Approving the Debtors On February 9, 2007 the Court entered an Order Approving Disclosure Motion for Order Approving the Debtors Disclosure Statement and Relief Related Thereto. Statement And Fixing Time For Filing Acceptance Or Rejections Of Plan, Combined With Notice Thereof. This Order provided that the Disclosure Statement that was filed as of January 24, 2007 was approved and established April 9, 2007 as the last day to file written acceptances or rejections of the Plan. 8. Subsequently, on March 30, 2007 the Court entered an Order (A) Extending The Deadline To Vote On And Object To The Debtors' Chapter 11 Plan And (B) Adjourning The Hearing On Confirmation Of Such Plan. This Order extended the deadline to vote on or object to the Plan until May 7, 2007. 9. On Exhibit K to the Motion underlying the Order Approving the Debtors Motion for Order Approving the Debtors Disclosure Statement and Relief Related Thereto, Claim No. 7994 of H.P. Pelzer against Collins & Aikman Products Co. was omitted for voting purposes. See Page 32 of Exhibit K. 10. 11. Currently, there is no pending objection to the Claims. Debtors have informally taken the position that H.P. Pelzer might not have a

fully secured claim. Despite H.P. Pelzers attempt to negotiate an informal resolution of this matter, Debtors did not respond conclusively to H.P. Pelzers requests. Accordingly, H.P. Pelzer has filed this Motion. 12. In accordance with L.B.R. 9006-1(b)(E.D.M.), H.P. Pelzer attempted to conduct a conference with the Debtors to ascertain whether Debtors would contest a shortened notice period and an expedited hearing on the Underlying Motion. 13. Despite attempts at contacting the Debtors' counsel, H.P. Pelzer was unable to conduct a conference.

15.

Contemporaneously with the filing of this Motion, H.P. Pelzer filed the

Underlying Motion. RELIEF REQUESTED 16. H.P. Pelzer requests that, pursuant to F.R.Bankr.P. 9006(c) and L.B.R. 90061(b), the Court shorten the Notice for objecting or otherwise responding to the Underlying Motion to April 30, 2007 at 10:00 a.m., and schedule an expedited hearing to be conducted on April 30, 2007 at 3:00 p.m. The Court has previously scheduled a similar hearing on this date at 2:00 p.m. BASIS FOR RELIEF 17. For the reasons set forth in the Underlying Motion, good and sufficient cause exists to consider the Underlying Motion on an expedited basis. Specifically, the Underlying Motion must be heard prior to the May 7, 2007 voting deadline. 18. Pursuant to F.R.Bankr.P. 9007, the Court has the authority to regulate the time, form and the manner in which, notice shall be given, which includes the authority to determine the appropriate notice for conducting a hearing on the matter as presented by the Underlying Motion. WHEREFORE, H.P. Pelzer respectfully requests the entry of an order shortening the period for objecting or otherwise responding to the Underlying Motion to April 30, 2007 at 10:00 a.m.; and schedule an expedited hearing on the Underlying Motion for April 30, 2007 at 3:00 p.m., and grant such other relief as the Court deems appropriate. Respectfully submitted /s/ Charles D. Bullock (P55550) Stevenson & Bullock, P.L.C. Attorneys for H.P. Pelzer 29200 Southfield Rd., Suite 210 Southfield, MI 48076 (248)423-8200 ext. 224 cbullock@gatecom.com Dated: April 26, 2007

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: Collins & Aikman Corporation, et. al., Debtors. / ORDER SHORTENING NOTICE PERIOD AND SCHEDULING EXPEDITED HEARING This matter coming before the Court of the Ex-Parte Motion for Order Shortening Notice Period and Scheduling Expedited Hearing its Motion pursuant to Rule 3018(a) of the Federal Rules of Bankruptcy Procedure to allow its claims for the limited purpose of voting on the First Amended Joint Plan of Collins & Aikman Corporation And Its Debtors Subsidiaries (the "Plan") and for relief from an order pursuant to Federal Rule of Civil Procedure 60(b) (the Underlying Motion). ORDERS THAT: a. b. c. The Motion is GRANTED. That the period for objecting or otherwise responding to the Underlying That an expedited hearing on the Underlying Motion shall be held on April Bankruptcy Case No. 05-55927 (Jointly Administered) Honorable Steven W. Rhodes Chapter 11

Motion is April 30, 2007 at 10:00 a.m.; 30, 2007 at 3:00 p.m.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: Collins & Aikman Corporation, et. al., Bankruptcy Case No. 05-55927 (Jointly Administered) Honorable Steven W. Rhodes Debtors. Chapter 11 / PROOF OF SERVICE Charles D. Bullock certifies that on the 26th day of April, 2007 a copy of Ex-Parte Motion for Order Shortening Notice Period and Scheduling Expedited Hearing On: MOTION OF H.P. PELZER AUTOMOTIVE SYSTEMS, INC. PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 3018(a) TO ALLOW CLAIMS FOR PLAN VOTING PURPOSES AND FOR RELIEF FROM AN ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b) was served upon the Core Service List, the Rule 2002 Service List, including the following parties in accordance with the First Amended Notice, Case Management and Administrative Procedures, either electronically, via facsimile, or by causing a copy to be deposited via First Class U.S. Mail. I declare that the statement above is true to the best of my information, knowledge and belief. Marian J. Mack Carson Fischer, PLC Office of the United States Trustee Attn: Joseph M. Fischer, Esq. 211 W. Fort Street, Suite 700 4111 Andover Rd. Fl. 2W Detroit, MI 48226 Bloomfield Hills, MI 48302-1924 (Facsimile: (248) 644-1832) Kirkland & Ellis, LLP Paul J. Randel, Esq. Office of the United States Trustee Attn: Richard M. Cieri, Esq. 211 W. Fort Street, Suite 700 Citigroup Center rd Detroit, MI 48226 153 East 53 Street New York, NY 10022 (Facsimile: (212) 446-4900) Kirkland & Ellis, LLP Attn: David L Eaton, Esq. Ray C. Schrock, Esq. Marc J. Carmel, Esq. 200 East Randolph Drive Chicago, IL 60601 (Facsimile: (312) 861-2200) /s/ Charles D. Bullock (P55550) Stevenson & Bullock, P.L.C. 29200 Southfield Rd., Suite 210 Southfield, MI 48076 (248)423-8200 ext. 224 cbullock@gatecom.com