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

et al., ) ) ) ) ) ) ) )

Chapter 11 Case No. 05-55927 Jointly Administered Honorable Steven W. Rhodes

Debtors.

EX PARTE MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION OF GENERAL ELECTRIC CAPITAL CORPORATION FOR APPROVAL OF THE STIPULATION AND ORDER REGARDING APPLICATION OF THE ACCESS AGREEMENT AND CUSTOMER AGREEMENT TO COLLINS & AIKMAN AUTOMOTIVE HERMOSILLO, S.A. DE C.V. General Electric Capital Corporation (GECC), by its undersigned counsel, hereby submits this Motion (this Motion) for an ex parte order granting an expedited hearing on GECCs Emergency Motion (the Emergency Motion) to approve the Stipulation and Order Regarding Application of the Access Agreement and Customer Agreement to Collins & Aikman Automotive Hermosillo S.A. de C.V. (Stipulation). In support of this Motion, GECC states as follows: BACKGROUND 1. On May 17, 2005, the Debtors filed voluntary petitions in this Court for relief under chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101-1330, as amended (the Bankruptcy Code). The Debtors continue to manage and operate their businesses as debtors-in-possession pursuant to Sections 1107 and 1108 of the Bankruptcy Code. By order of this Court, the Debtors chapter 11 cases are being jointly administered for procedural purposes only.

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2. No trustee or examiner has been appointed in the Debtors chapter 11 cases. On May 24, 2005, the United States Trustee for the Eastern District of Michigan appointed a statutory committee of unsecured creditors in these chapter 11 cases pursuant to 1102 of the Bankruptcy Code. 3. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C. 157(b). RELIEF REQUESTED 4. As described more fully in the Emergency Motion filed with this Court contemporaneously herewith, GECC requests that the Court approve the stipulation by and between GECC and the Debtors regarding the application of the Access Agreement and Customer Agreement to the automotive facility located in Hermosillo, Mexico. Capitalized terms used herein and not otherwise defined have the meanings assigned in the Emergency Motion. 5. As explained in the Emergency Motion, if the Court does not approve the Stipulation on or before September 30, 2005, the Emergency Motion and the Stipulation will be moot because the Access Agreement expires no later than September 30, 2005. An expedited hearing is further required by the fact that certain provisions of the Customer Agreement continue beyond September 30, 2005 and therefore the clarification addressed in the Stipulation is necessary beyond the expiration of the Access Agreement. 6. Therefore, pursuant to Federal Rule of Bankruptcy Procedure 9006, GECC seeks through this Motion to shorten notice and respectfully requests this Court to schedule an expedited hearing on the Emergency Motion to be held on or before September 30, 2005.

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7. GECC submits that cause exists to support shortening notice and scheduling the expedited hearing as requested because of the immediate and irreparable harm GECC will suffer if the relief requested in the Emergency Motion is not granted immediately. WHEREFORE, for the reasons stated herein, GECC respectfully requests that the Court enter an Order substantially in the form attached as Exhibit A hereto: (i) granting this Motion; (ii) granting an expedited hearing on the Emergency Motion; and (iii) granting such other and further relief as this Court deems just and proper.

Respectfully submitted,

/s/ Erin L. Abrahams_______________________ Judy A. ONeill (P32142) Erin L. Abrahams (P67691) FOLEY & LARDNER LLP 500 Woodward Avenue, Suite 2700 Detroit, Michigan 48226 Telephone: (313) 234-7100 Facsimile: (313) 234-2800 David S. Heller Josef S. Athanas LATHAM & WATKINS LLP 233 South Wacker Drive Sears Tower, Suite 5800 Chicago, Illinois 60606 Telephone: (312) 876-7700 Facsimile: (312) 993-9767

ATTORNEYS FOR GENERAL ELECTRIC CAPITAL CORPORATION

Dated: September 19, 2005

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al., ) ) ) ) ) ) ) Chapter 11 Jointly Administered Honorable Steven W. Rhodes

Debtors.

EX PARTE ORDER GRANTING GENERAL ELECTRIC CAPITAL CORPORATIONS EX PARTE MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION OF GENERAL ELECTRIC CAPITAL CORPORATION FOR APPROVAL OF THE STIPULATION AND ORDER REGARDING APPLICATION OF THE ACCESS AGREEMENT AND CUSTOMER AGREEMENT TO COLLINS & AIKMAN AUTOMOTIVE HERMOSILLO, S.A. DE C.V. This matter having come before this Court on General Electric Capital Corporations (GECC) Ex Parte Motion For Expedited Hearing On Emergency Motion Of General Electric Capital Corporation For Approval Of The Stipulation And Order Regarding Application Of The Access Agreement And Customer Agreement To Collins & Aikman Automotive Hermosillo S.A. De. C.V. (the Motion); the Court having reviewed the Motion, and it appearing that the relief requested in the Motion is necessary and is in the best interests of GECC, the Debtors, their estates and their creditors; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. 2. The Motion is hereby granted in all respects. A hearing shall be held on September __, 2005 at ______ regarding relief under

the Emergency Motion Of General Electric Capital Corporation For Approval Of The Stipulation And Order Regarding Application Of The Access Agreement And Customer Agreement To Collins & Aikman Automotive Hermosillo S.A. De. C.V. (the Emergency Motion).

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3. hearing.

Objections to the Emergency Motion may be brought up until the time of the

Dated: ________________, 2005 Detroit, Michigan ______________________________________ Honorable Steven W. Rhodes UNITED STATES BANKRUPTCY JUDGE

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