IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ALLIED SYSTEMS HOLDINGS, INC., et al.

,1 Debtors. Chapter 11 Case No. 12-11564 (CSS) (Jointly Administered)

Re: Docket Nos. 425, 430, 431, 436, 445, 446, 453, 454, 462, 463 & 466

CERTIFICATION OF COUNSEL REGARDING ORDER DENYING STAY RELIEF REQUESTS WITHOUT PREJUDICE The undersigned hereby certifies as follows: 1. On September 11, 2012, Norman Fredrick Wessels, Joyce Elaine Wessels and

Gladys Ann Walker (collectively the Wessels) filed the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 425] (the Wessels Motion). 2. On September 13, 2012, Donald Smodic and Dory Smodic (collectively, the

Smodics) filed the Motion of Donald Smodic and Dory Smodic for Relief from the Automatic Stay Pursuant to 362(d) to Pursue Personal Injury Claim [Docket No. 430] (the Smodic Motion). On September 13, 2012, the Smodics filed Donald Smodic and Dory Smodics Motion to Shorten Pursuant to Del. Bankr. L.R. 9006-1 [Docket No. 431] (the Smodic Motion to Shorten).

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (900169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (382918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (592876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (910847582). The location of the Debtors corporate headquarters and the Debtors address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345.

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3.

On September 14, 2012, the Court entered an order approving the Smodic Motion

to Shorten [Docket No. 436] (the Order Shortening Notice of Smodic Motion). 4. On September 21, 2012, Michael Jay Meyer (Meyer) filed the Joinder of

Michael Jay Meyer to Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 445] (the Meyer Joinder). On the same day, Meyer filed the Motion of Michael Jay Meyer to Shorten Notice Pursuant to Del. Bankr. L.R. 9006-1 and to Expedite Hearing in Connection with the Joinder of Michael Jay Meyer to the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 446] (the Meyer Motion to Shorten). 5. On September 24, 2012, Dale Woudstra and Tonia Woudstra (collectively, the

Woudstras, and together with the Wessels, the Smodics and Meyer, the Stay Relief Movants) filed the Joinder of Dale and Tonia Woudstra to Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 453] (the Woudstra Joinder, and together with the Wessels Motion, the Smodic Motion and the Meyer Joinder, the Stay Relief Requests). Also on September 24, 2012, the Woudstras filed the Motion of Dale and Tonia Woudstra to Shorten Notice Pursuant to Del. Bankr. L.R. 9006-1 and to Expedite Hearing in Connection with the Joinder of Dale and Tonia Woudstra to the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 454] (the Woudstra Motion to Shorten, and together with the Meyer Motion to Shorten, the Motions to Shorten Notice of Joinders).

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6.

On September 25, 2012, the Court entered orders approving the Motions to

Shorten Notice of Joinders [Docket Nos. 462, 463] (the Orders Shortening Notice of Joinders, and together with the Order Shortening Notice of Smodic Motion, the Orders Shortening Notice). Pursuant to the Orders Shortening Notice and the notice filed with the Wessels Motion, a hearing with respect to the Stay Relief Requests was scheduled for September 28, 2012 at 11:00 a.m. (EDT) (the Hearing). 7. Also on September 25, 2012, the above-captioned debtors and debtors in

possession (the Debtors) filed the Debtors Objection to the Motions for Relief from Stay of Donald and Dory Smodic, Fred and Joyce Wessels, Gladys Walker, Michael Jay Meyer, and Dale and Tonia Woudstra [Docket No. 466] (the Objection). 8. Requests. On September 28, 2012, the Court held the Hearing to consider the Stay Relief After hearing argument of counsel regarding the Stay Relief Requests and the

Objection at the Hearing, the Court denied the Stay Relief Requests without prejudice and granted the Stay Relief Movants leave to re-notice the Stay Relief Requests after January 2, 2013. The Court then directed that the Debtors submit a proposed form of order to the Court, consistent with the Courts ruling at the Hearing, under certification of counsel. 9. Based on the record of the Hearing, the Debtors have prepared a form of order

(the Proposed Order) reflecting the Courts ruling in connection with the Stay Relief Requests. A copy of the Proposed Order is attached hereto as Exhibit A. The Proposed Order has been circulated to, and approved by, counsel to the Stay Relief Movants.

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WHEREFORE, the Debtors respectfully request that the Revised Order, substantially in the form attached hereto as Exhibit A, be entered at the earliest convenience of the Court. Dated: October 3, 2012 Wilmington, Delaware Respectfully submitted, /s/ Marisa A. Terranova Mark D. Collins (No. 2981) Christopher M. Samis (No. 4909) Marisa A. Terranova (No. 5396) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 E-mail: collins@rlf.com E-mail: samis@rlf.com E-mail: terranova@rlf.com -andJeffrey W. Kelley (GA Bar No. 412296) Ezra H. Cohen (GA Bar No. 173800) TROUTMAN SANDERS LLP Bank of America Plaza 600 Peachtree Street, Suite 5200 Atlanta, Georgia 30308-2216 Telephone No.: (404) 885-3000 Facsimile No.: (404) 885-3900 E-Mail: jeffrey.kelley@troutmansanders.com E-Mail: ezra.cohen@troutmansanders.com Counsel for the Debtors

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EXHIBIT A

Proposed Order

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ALLIED SYSTEMS HOLDINGS, INC., et al., Debtors.
1

Chapter 11 Case No. 12-11564 (CSS) (Jointly Administered)

Re: Docket Nos. 425, 430, 445, 453, 466 & _____

ORDER DENYING STAY RELIEF REQUESTS WITHOUT PREJUDICE Upon (i) the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 425] (the Wessels Motion), filed on September 11, 2012 by Norman Fredrick Wessels, Joyce Elaine Wessels and Gladys Ann Walker (collectively the Wessels), (ii) the Motion of Donald Smodic and Dory Smodic for Relief from the Automatic Stay Pursuant to 362(d) to Pursue Personal Injury Claim [Docket No. 430] (the Smodic Motion), filed on September 13, 2012 by Donald Smodic and Dory Smodic (collectively, the Smodics); (iii) the Joinder of Michael Jay Meyer to Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 445] (the Meyer Joinder), filed on September 21, 2012 by Michael Jay Meyer (Meyer) and (iv) the Joinder of Dale and Tonia Woudstra to Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief from the Automatic Stay to Pursue Personal Injury Claims [Docket No. 453] (the Woudstra Joinder, and together with the Wessels Motion,

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (900169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (382918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (592876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (910847582). The location of the Debtors corporate headquarters and the Debtors address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345.

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the Smodic Motion and the Meyer Joinder, the Stay Relief Requests), filed on September 24, 2012 by Dale Woudstra and Tonia Woudstra (collectively, the Woudstras, and together with the Wessels, the Smodics and Meyer, the Stay Relief Movants); and the above-captioned debtors and debtors in possession having filed the Debtors Objection to the Motions for Relief from Stay of Donald and Dory Smodic, Fred and Joyce Wessels, Gladys Walker, Michael Jay Meyer, and Dale and Tonia Woudstra (the Objection) [Docket No. 466]; and the Court having reviewed the Stay Relief Requests, the Objection and all pleadings related thereto; and after a hearing conducted on September 28, 2012 (the Hearing) on the Stay Relief Requests; and the Court finding that (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A); and after due deliberation and sufficient cause appearing therefor, NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. For the reasons set forth at the Hearing, each Stay Relief Requests is

DENIED without prejudice. 2. The Stay Relief Movants shall have leave to re-notice the Stay Relief

Requests after January 2, 2013. 3. This Court shall retain jurisdiction over all matters arising from or related to

the interpretation and implementation of this Order. Dated: October ____, 2012 Wilmington, Delaware

___________________________________________ THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE

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