Ex Parte Motion For Order Shortening Notice Period and

The debtors filed an ex parte motion to shorten the notice period and schedule an expedited hearing for their motion to approve employment agreements with their new management team. The debtors filed for bankruptcy and their previous management team had been depleted, so appointing new leadership was critical to their reorganization efforts. Both the unsecured creditors committee and prepetition lenders did not object to the shortened notice. The debtors requested the court set an objection deadline of September 9th and hold a hearing on September 12th to consider approving the employment agreements on an expedited basis.

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Ex Parte Motion For Order Shortening Notice Period and

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

et al.1 ) ) Debtors. ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

EX PARTE MOTION FOR ORDER SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON: DEBTORS MOTION FOR ENTRY OF AN ORDER APPROVING EMPLOYMENT AGREEMENTS OF FRANK MACHER, AS PRESIDENT AND CHIEF EXECUTIVE OFFICER, AND OTHER MEMBERS OF DEBTORS NEW MANAGEMENT TEAM The above-captioned debtors (collectively, the Debtors), in support of their Ex Parte Motion for Order Shortening Notice Period and Scheduling an Expedited Hearing (the Ex Parte Motion) on the Debtors Motion for Entry of an Order Approving Employment

The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.

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Agreements of Frank Macher, as President and Chief Executive Officer, and Other Members of Debtors New Management Team (the Employment Agreements Motion),2 state as follows: Jurisdiction 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334.

This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 2. 3. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested herein are Rules 9006 and 9007

of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and Rule 9006-1(b) of the Local Rules of the United States Bankruptcy Court, Eastern District of Michigan (the Local Rules). Background 4. On May 17, 2005 (the Petition Date), the Debtors filed their voluntary

petitions for relief under chapter 11 of the Bankruptcy Code. The Debtors are operating their businesses and managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these cases. On the Petition Date, the Court entered an order jointly administering these cases pursuant to Bankruptcy Rule 1015(b). 5. On May 24, 2005, the United States Trustee appointed an official

committee of unsecured creditors pursuant to section 1102 of the Bankruptcy Code (the Committee).

Capitalized terms used but not otherwise defined in this Ex Parte Motion have the meanings assigned in the Employment Agreements Motion.

2
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Contemporaneously with the filing of this Ex Parte Motion, the Debtors

filed the Employment Agreements Motion, seeking Court approval of the employment agreements (the Employment Agreements) with Frank Macher, as president and chief executive officer, and certain other members of the Debtors new management team. Relief Requested 7. The Employment Agreements Motion is critical to the Debtors efforts to

successfully reorganize and otherwise maximize value for these estates as the Debtors management team had been decimated prior to the Petition Date and significant gaps still exist in the Debtors management team. As more fully set forth in the Employment Agreements Motion, the Debtors understand and appreciate how critical new management is to the success of these cases, and their major constituencies do as well. 8. The Debtors were prepared to file the Employment Agreements Motion

with the Court on Friday, August 26, 2005. The Debtors, however, in an effort to gain the Committees support, delayed such filing until Monday, August 29, 2005. Importantly, neither the Committee nor the Debtors prepetition secured lenders object to the shortened notice sought in this Ex Parte Motion. 9. Accordingly, the Debtors request that, pursuant to Bankruptcy

Rule 9006(c) and Local Rule 9006-1(b), the Court shorten the notice period for objecting or otherwise responding to the Employment Agreements Motion to September 9, 2005 at 12:00 p.m., prevailing Eastern Time and schedule an expedited hearing to be conducted on September 12, 2005. 10. For the reasons discussed above and in the Employment Agreements

Motion, good and sufficient cause exists to consider the Employment Agreements Motion on an expedited basis. 3
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11.

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

time within which, the entities to whom and the form and matter in which, notice shall be given, which includes the authority to determine appropriate notice for conducting a hearing on the matters presented by the Employment Agreements Motion.

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WHEREFORE, the Debtors respectfully request the entry of an order, substantially in the form attached hereto as Exhibit A, (a) shortening the period for objecting or otherwise responding to the Employment Agreements Motion to September 9, 2005 at 12:00 p.m., prevailing Eastern Time, (b) scheduling an expedited hearing on the Employment Agreements Motion for September 12, 2005 and (c) granting such other and further relief as this Court deems appropriate. Dated: August 29, 2005 KIRKLAND & ELLIS LLP /s/ Marc J. Carmel Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andCARSON FISCHER, P.L.C. Joseph M. Fischer (P13452) 300 East Maple Road, Third Floor Birmingham, Michigan 48009 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors

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EXHIBIT A

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) ) COLLINS & AIKMAN CORPORATION, et al.1 ) ) Debtors. ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

ORDER SHORTENING NOTICE PERIOD AND SCHEDULING AN EXPEDITED HEARING ON: DEBTORS MOTION FOR ENTRY OF AN ORDER APPROVING EMPLOYMENT AGREEMENTS OF FRANK MACHER, AS PRESIDENT AND CHIEF EXECUTIVE OFFICER, AND OTHER MEMBERS OF DEBTORS NEW MANAGEMENT TEAM Upon the ex parte motion for order shortening notice period and scheduling an expedited hearing (the Ex Parte Motion) on the Debtors motion for entry of an order approving employment agreements of Frank Macher, as president and chief executive officer, and other members of Debtors new management team (the Employment Agreements

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Motion);2 it appearing that the relief requested is in the best interest of the Debtors estates, their creditors and other parties in interest; it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2); it appearing that venue of this proceeding and the Ex Parte Motion in this District is proper pursuant to 28 U.S.C. 1408 and 1409; notice of the Ex Parte Motion and the opportunity for a hearing on the Ex Parte Motion was appropriate under the particular circumstances and that no other or further notice need by given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED 1. 2. The Ex Parte Motion is granted in its entirety. A hearing on the Employment Agreements Motion will be conducted

before the Honorable Steven W. Rhodes, on September 12, 2005, at 2:00 p.m., or as soon thereafter as counsel may be heard in the United States Bankruptcy Courthouse, 211 W. Fort Street, Detroit, Michigan 48226. 3. The objection deadline for the relief requested by the Debtors in the

Employment Agreements Motion shall be September 9, 2005 at 12:00 p.m., prevailing Eastern Time. 4. The Debtors shall immediately serve a copy of this Order and the

Employment Agreements Motion upon the Core Group and Affected Parties.3

2 3

Capitalized terms used but not otherwise defined in this Order have the meanings assigned in the Employment Agreements Motion. Capitalized terms used in this paragraph 4 not otherwise defined herein shall have the meanings set forth in the First Amended Notice, Case Management and Administrative Procedures [Docket No. 294].

2
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The Debtors are authorized and empowered to take all actions necessary to

implement the relief granted in this Order. 6. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 7. The Court retains jurisdiction with respect to all matters arising from or