UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORP., et al.

, Debtors. ___________________________________/ Chapter 11 Jointly Administered Case No. 05-55927-SWR Hon. Steven W. Rhodes

MOTION FOR ENTRY OF ORDER GRANTING W.C. BLACK & SONS, INC. RELIEF FROM THE AUTOMATIC STAY NOW COMES W.C. Black & Sons, Inc. (the Movant), by and through its attorneys, Allard & Fish, P.C., and for its Motion for Relief from the Automatic Stay, states as follows: Background 1. The Debtors filed a petition for relief under Chapter 11 of the U.S. Bankruptcy

Code (the Code) on May 17, 2006. 2. Both before and after the Petition Date, and pursuant to a purchase order, the

Movant provided grading services and equipment to the Debtors at the Debtors landfill located in Old Fort, North Carolina (the Landfill). The equipment included a front-end loader

necessary to provide the grading services and to comply with state regulations. 3. The Movant provided a front-end loader at the Landfill for the Debtors benefit

through and including August 24, 2006. 4. The Movant has a claim against the Debtors based on unpaid invoices for grading

services and equipment provided to the Debtors at the Landfill.

0W[;&+0

0555927061116000000000002

"|

Relevant North Carolina Law 5. Pursuant to North Carolina statute, N.C.G.S. 44A-8, [a]ny person who

performs or furnishes labor or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on the real property to secure payment for all debts owing for labor done or equipment rented pursuant to the contract. N.C.G.S. 44A-8. 6. Pursuant to N.C.G.S. 44A-7(2), [i]mprovement means all or any part of

grading on real property. N.C.G.S. 44A-7(2). 7. Accordingly, the Movant is entitled to claim a lien on the Landfill for the unpaid

invoices for grading services and equipment provided to the Debtors at the Landfill pursuant to N.C.G.S. 44A-7(2) and 44A-8. 8. Pursuant to N.C.G.S. 44-12(b), [c]laims of lien on real property may be filed at

any time after the maturity of the obligation secured hereby but not later than 120 days after the last furnishing of labor or materials at the site of improvement by the person claiming the lien. N.C.G.S. 44A-12(b). 9. Thereafter, pursuant to N.C.G.S. 44A-13(a), [a]n action to enforce a claim of

lien on real property may be commenced in any county where venue is otherwise proper. No such action may be commenced later than 180 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. If the title to the real property against which the claim of lien on real property is assertedis subject to the control of the bankruptcy court, the claim of lien on real property shall be enforced in accordance with the orders of the [bankruptcy] court having jurisdiction over said real property.

The filing of a proof of claimin bankruptcy and the filing of a notice of lis pendens in each county where the real property subject to the claim of lien on real property is located within the time required by this section satisfies the requirement for the commencement of a civil action. N.C.G.S. 44A-13. 10. Thus, the Movant is required to file a claim of lien and a lis pendens against the

Landfill in order to perfect its lien for the unpaid invoices for grading services and equipment provided to the Debtors (the Movant has filed a proof of claim). 11. Although the Movant believes that the filing of a claim of lien and a lis pendens

against the Landfill is authorized by Code 362(b)(3), the Movant is seeking relief from the automatic stay in an abundance of caution. The Previous Motion for Relief from Stay 12. On September 1, 2006, the Movant filed a similar motion seeking relief from the

automatic stay (the September Motion) based on the above-cited statutes and a claim of lien recorded in North Carolinas McDowell County Register of Deeds office on July 26, 2006. The claim of lien contained a typographical error that indicated that the last date of the furnishing of labor and materials to the Debtors was April 15, 2005. 13. At the time the claim of lien was filed, April 5, 2006, as opposed to April 5, 2005,

was believed to be the date that Movant last furnished the Debtors with labor and equipment. 14. On September 18, 2006, the Debtors filed a response to the September Motion

and a brief in support of same, arguing, in relevant part, that the claim of lien was untimely based on the date of last furnishing contained in the claim of lien. Moreover, to the extent such date was a typographical error, the Debtors argued that North Carolina law precluded amendments to claims of lien. See N.C.G.S. 44A-12(d).

15. Research conducted as a result of the Debtors response to the September Motion indicated that the date on which the Movant last provided the Debtors with labor or equipment was actually August 24, 2006. 16. Pursuant to N.C.G.S. 44A-12(d), [a] claim of lien on real property may not be

amended. A claim of lien may be cancelled by a claimant or the claimants authorized agent or attorney and a new claim of lien on real property substituted therefore within the time herein provided for original filing. N.C.G.S. 44A-12(d). 17. Whereas the Movant was and is within the time limits described above, the

Movant withdrew the September Motion, cancelled the claim of lien recorded on July 26, 2006, and filed the instant motion seeking relief from the automatic stay in order to file a new claim of lien and a lis pendens in substantially the same form as those attached hereto as collective Exhibit B. Relief from the Automatic Stay 18 Pursuant to 11 U.S.C. 362(d)(1), upon request of a party in interest, the Court

shall grant relief from stay for cause, including lack of adequate protection of such party in interest. 19 As stated above, the Movant must file a new claim of lien and a lis pendens

against the Landfill in order to perfect its lien for the unpaid invoices for grading services and equipment provided to the Debtors. 20. Therefore, the Movant is entitled to relief from the automatic stay under Code

362(d)(1) for the purpose of filing a new claim of lien and a lis pendens against the Landfill in the appropriate North Carolina state office.

21.

Pursuant to L.B.R. 9014-1(b)(4), a copy of the proposed Order Lifting the

Automatic Stay is attached hereto as Exhibit A. 22. In the event that a hearing on this motion is held and after said hearing the Court

orders submission of an order in substantial compliance with Exhibit A, the Movant requests that presentment of said order shall be waived. WHEREFORE, the Movant respectfully requests that this Court enter an Order, in substantially the same form as Exhibit A hereto, granting W.C. Black & Sons, Inc. relief from the automatic stay for good cause shown pursuant to 11 U.S.C. 362(d)(1); that the Order be effective immediately upon entry of this Court notwithstanding the provision of Fed.R.Bankr.P. 4001(a)(3); and the Court grant whatever other relief the Court deems just and equitable under the circumstances. ALLARD & FISH, P.C.

By: Timothy R. Graves Attorneys for W.C. Black & Sons, Inc. 2600 Buhl Building 535 Griswold Avenue Detroit, MI 48226 (313) 961-6141 Email: tgraves@allardfishpc.com P64622 Dated: November 16, 2006
U:\30\440\pld\Motion to lift stay11.15.06.doc

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORP., et al., Debtors. ___________________________________/ Chapter 11 Jointly Administered Case No. 05-55927-SWR Hon. Steven W. Rhodes

ORDER GRANTING W.C. BLACK & SONS, INC. RELIEF FROM THE AUTOMATIC STAY This matter having come before the Court upon W.C. Black & Sons, Inc.s Motion for Entry of Order Granting W.C. Black & Sons, Inc. Relief from the Automatic Stay (the Motion); the Motion having been property served and no objections to the Motion having been filed; and the Court being otherwise duly advised in the premises: IT IS HEREBY ORDERED that the Motion shall be, and is hereby, granted. IT IS FURTHER ORDERED that W.C. Black & Sons, Inc. shall be, and is hereby, granted relief from the automatic stay to the extent provided herein. IT IS FURTHER ORDERED that, in accordance with N.C.G.S. 44A-13, W.C. Black & Sons, Inc. shall be, and is hereby, authorized to file a Notice of Lien and a Notice of Lis Pendens at North Carolinas McDowell County Register of Dees Office against the Debtors real property located at: Being the real property listed in the Deeds recorded at Deed Book 301 on Pages 961 through 963 of the McDowell County, North Carolina Public Register at the McDowell County Register of Dees Office, filed May 13, 1981, and containing 67-9 acres, more or less, as recorded in the McDowell County, North Carolina Register of Deeds Office, and the parcel contained in the Deed recorded at Deed Book 424 on Pages

EXHIBIT A

197 through 200, filed May 14, 1991, being described as 17.56 acres in Old Fort, North Carolina, as the Deed is recorded in the McDowell County, North Carolina Register of Deeds Office. IT IS FURTHER ORDERED that this Court shall have jurisdiction to determine the amount and validity of any lien claimed by W.C. Black & Sons, Inc. against the Debtors. IT IS FURTHER ORDERED that Debtors right to object to any lien and/or lien amount claimed by W.C. Black & Sons, Inc. against the Debtors for any reason is hereby preserved, nothing herein to be construed to the contrary. IT IS FURTHER ORDERED that this Order is effective immediately upon entry by this Court notwithstanding the provision of Fed.R.Bankr.P. 4001(a)(3). IT IS FURTHER ORDERED that this order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Bankruptcy Code.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORP., et al., Debtors. ___________________________________/ NOTICE OF MOTION FOR ENTRY OF ORDER GRANTING W.C. BLACK & SONS, INC. RELIEF FROM THE AUTOMATIC STAY Chapter 11 Jointly Administered Case No. 05-55927-SWR Hon. Steven W. Rhodes

W.C. Black & Sons, Inc. (the Movant) has filed a Motion for Entry of Order granting W.C. Black & Sons, Inc. Relief from the Automatic Stay (the Motion). The Movant has a claim against the Debtors based on unpaid invoices for grading services and equipment provided to the Debtors at the Landfill (as the term is defined in the Motion). The Movant is seeking authority to file a claim of lien and a lis pendens against the Landfill to perfect its lien for the unpaid invoices for grading services and equipment provided to the Debtors at the Landfill. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one. If you do not want the Court to entry an Order approving the Motion, or if you want the Court to consider your views on the Motion, within 15 days, you or your attorney must: 1. File with the court an objection explaining your position, at: U.S. Bankruptcy Court 211 West Fort Street Detroit, MI 48226 If you mail your objection to the court for filing, you must mail it early enough so that the Court will receive it on or before the date state above. You must also mail a copy to: Timothy R. Graves, Esq. Allard & Fish, P.C. 2600 Buhl Building 535 Griswold Detroit, MI 48226

2.

If an objection or answer is timely filed and served, the clerk will schedule a hearing on the Motion and you will be served with a notice of the date, time and location of the hearing.

If you or your attorney do not take these steps, the Court may deem that you do not oppose the relief sought in the Motion and may enter an Order granting that relief. ALLARD & FISH, P.C.

By: Timothy R. Graves Attorneys for W.C. Black & Sons, Inc. 2600 Buhl Building 535 Griswold Avenue Detroit, MI 48226 (313) 961-6141 Email: tgraves@allardfishpc.com P64622 Dated: November 16, 2006
U:\30\440\pld\Motion to lift stay11.15.06.doc

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORP., et al., Debtors. ___________________________________/ Chapter 11 Jointly Administered Case No. 05-55927-SWR Hon. Steven W. Rhodes

CERTIFICATION OF SERVICE
I, Regina Drouillard, hereby certify that on November 16, 2006, I electronically filed the following: Motion for Entry of Order Granting W.C. Black & Sons, Inc. Relief from the Automatic Stay; and Notice of Motion for Entry of Order Granting W.C. Black & Sons, Inc. Relief from the Automatic Stay.

with the Clerk of the Court using the ECF and I hereby certify that the Courts ECF system has served all registered users.

ALLARD & FISH, P.C.

/S/Regina Drouillard 535 Griswold 2600 Buhl Building Detroit MI 48226 (313) 961-6141

Dated: November 16, 2006

U:\30\440\pld\Motion to lift stay11.15.06.doc

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORP., et al., Debtors. ___________________________________/ Chapter 11 Jointly Administered Case No. 05-55927-SWR Hon. Steven W. Rhodes

EXHIBIT LIST Exhibit B Description Claim of Lien and Lis Pendens