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

et al. Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification # 13-3489233) Honorable Steven W. Rhodes

EX PARTE MOTION FOR EXPEDITED HEARING ON OFFICIAL COMMITTEE OF UNSECURED CREDITORS MOTION FOR AN ORDER ALLOWING DISCOVERY OF GENERAL MOTORS CORPORATION IN CONTESTED MATTER The Official Committee of Unsecured Creditors (the Committee) of Collins & Aikman Corporation, et al. (collectively, the Debtors) hereby files this ex parte motion (the Motion) for an Order substantially in the form of the proposed order attached hereto as Exhibit A, setting for hearing, on September 11, 2006, at 2:00 p.m., the Committees Motion for an Order Allowing Discovery of General Motors Corporation (the Committees Discovery Motion). In support of the Motion, the Committee respectfully represents as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and

1334. Venue of this proceeding and Motion is proper in this district pursuant to 28 U.S.C. 1408 and 1409. The statutory predicates for the relief requested herein are (i) 28 U.S.C. 105 and 1103, (ii) Rules 9006 and 9007 of the Federal Rules of Bankruptcy Procedure and (iii) Rule 9006-1 of the Local Rules of the United States Bankruptcy Court, Eastern District of Michigan.

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BACKGROUND 2. On May 17, 2005 (the Petition Date), each of the Debtors commenced with this

Court a voluntary case under chapter 11 of title 11 of the United States Code (the Bankruptcy Code). 3. Since the Petition Date, the Debtors have continued in possession of their

properties, and have continued to operate and manage their businesses as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 4. On May 24, 2005, pursuant to section 1102 of the Bankruptcy Code, the United

States Trustee for the Eastern District of Michigan appointed the Committee. 5. On September 2, 2005, GM filed a motion (the GM Tooling Motion) seeking

contingent relief from the automatic stay to allow GM to exercise its alleged contractual right to possess certain tooling (the Tooling) in the event that (i) the Debtors reject a Production Purchase Order, (ii) the Debtors decide to close a manufacturing facility, or (iii) there is inadequate financing for the Debtors operations. 6. On September 23, 2005, the Committee filed an objection (the Objection) to the

GM Tooling Motion. 7. The GM Tooling Motion was initially set for hearing (the Tooling Hearing) by

the Court on September 30, 2005. The Tooling Hearing, however, has been repeatedly adjourned to the following dates: (i) October 7, 2005, (ii) October 14, 2005, (iii) November 10, 2005, (iv) December 8, 2005, (v) January 5, 2006, (vi) February 16, 2006, (vi) April 6, 2006, (viii) July 13, 2006, (ix) August 17, 2006 and (x) October 12, 2006. 8. On June 28, 2006, the Debtors filed the Debtors Motion seeking to Dismiss

General Motors Corporations Motion for Contingent Relief from Automatic Stay to Obtain

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Possession of Tooling (the Dismissal Motion). On August 10, 2006, the Committee filed a Joinder to the Debtors Dismissal Motion. The hearing on the Dismissal Motion is currently scheduled for October 12, 2006. 9. On June 28, 2006, the Debtors filed the Debtors Motion for an Order Allowing

Discovery in Contested Matter (the Debtors Discovery Motion). 10. On August 8, 2006, GM and the Debtors filed the Stipulation (the First

Stipulation) to Adjourn Hearings on (I) GMs Motion for Contingent Relief from Automatic Stay to Obtain Possession of Tooling; and (II) Debtors Motion for Order Allowing Discovery in Contested Matter adjourning the hearing on the Debtors Discovery Motion and the Committees (contemplated) Discovery Motion to September 7, 2006. 11. On August 23, 2006, the Committee filed and served the Committees Discovery

Motion (together with the Debtors Discovery Motion, the Discovery Motions). 12. On August 30, 2006, GM filed the Response to Debtors and the Official

Committee of Unsecured Creditors Motions for Allowing Discovery in Contested Matter (the GM Response). 13. On September 6, 2006, the Court entered an Order Adjourning Hearing on

Debtors Motion for Order Allowing Discovery in Contested Matter (the Adjournment Order). The Adjournment Order adjourned the hearing on the Debtors Discovery Motion to September 11, 2006 at 2:00 p.m. REQUESTED RELIEF 13. The Committee hereby requests, pursuant to Rule 9006(c) of the Federal Rules of

Bankruptcy Procedure (the Bankruptcy Rules), that the Committees Discovery Motion be set for hearing on September 11, 2006, at 2:00 p.m.

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14.

Pursuant to Bankruptcy Rule 9007, the Court has authority to regulate the time

within which, the entities to whom and the form and manner in which notice shall be given, which includes the authority to determine appropriate notice for conducting a hearing on the Committees Discovery Motion. 15. Good and sufficient cause exists to set the Committees Discovery Motion for

hearing on September 11, 2006 at 2:00 p.m.. As contemplated in the First Stipulation, the Discovery Motions request similar relief, specifically discovery of the facts necessary to resolve GMs Tooling Motion and the Debtors and Committees Objections thereto. Pursuant to the Adjournment Order, the hearing on the Debtors Discovery Motion will take place on September 11, 2006 at 2:00 p.m. 16. As stated above, GM filed the GM Response on August 30, 2006 objecting to the

Discovery Motions. The Committee does not anticipate that any additional objections to the Committees Discovery Motion will be filed. Furthermore, neither GM nor the Debtors have any objection to the Committees Discovery Motion being set for hearing on September 11, 2006, in order that the all of the parties issues relating to discovery in connection with the GM Tooling Motion be adjudicated contemporaneously. Accordingly, there is good and sufficient cause to set the Committees Discovery Motion for hearing at that time. WHEREFORE, the Committee respectfully requests that the Court (i) enter an order in form attached hereto as Exhibit A scheduling an expedited hearing on the Committees Discovery Motion for September 11, 2006 at 2:00 p.m. and (ii) grant the Committee such other and further relief as this Court finds just, proper and equitable. Dated: September 6, 2006 Respectfully Submitted,

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By: __/s/ Alexis Freeman___________________________ AKIN GUMP STRAUSS HAUER & FELD LLP Michael S. Stamer, Esquire Abid Qureshi, Esquire Philip C. Dublin, Esquire Alexis Freeman, Esquire 590 Madison Avenue New York, NY 10022-2524 Telephone: (212) 872-1000 Facsimile: (212) 872-1002 Counsel for the Official Committee of Unsecured Creditors BUTZEL LONG Thomas B. Radom, Esquire(P24631) Suite 200 100 Bloomfield Hills Parkway Bloomfield Hills, MI 48304 Telephone: (248) 258-1413 Facsimile: (248) 258-1439 Email: radom@butzel.com

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

ORDER GRANTING MOTION FOR AN EXPEDITED HEARING ON MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER ALLOWING DISCOVERY OF GENERAL MOTORS CORPORATION IN CONTESTED MATTER Upon the motion for an expedited hearing (the Motion) of the Official Committee of Unsecured Creditors (the Committee) of Collins & Aikman Corporation, et al. (collectively, the Debtors), by and through its co-counsel, for the entry of an order setting for hearing on September 11, 2006, at 2:00 p.m., the Committees Motion for an Order Allowing Discovery of General Motors Corporation (the Committees Discovery Motion); and adequate notice of the Motion having been given; and the Court being satisfied that the relief requested in the Motion is necessary and in the best interests of the Committee, its constituents, the Debtors creditors, and the Debtors estates; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion be, and it hereby is, granted in all respects; and

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2.

The Committees Discovery Motion shall be heard on September 11, 2006, at 2:00 p.m.

Dated: September ___, 2006

__________________________________ HONORABLE STEVEN W. RHODES UNITED STATES BANKRUPTCY JUDGE

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