UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: COLLINS & AIKMAN

CORPORATION, et al. Debtors. ___________________________________/

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

PLAINTIFFS LAWSON ET ALS MOTION FOR MODIFICATION OF THE AUTOMATIC STAY AND TO WAIVE TEN (10) DAY WAITING PERIOD PURSUANT TO F.R.B.P. 4001 (a)(3) T. J. Lawson and Tammy Lawson, James M. Reid and Renee F. Reid, Bennie Skates and Cathy Skates, Robert A. Price, and David Swofford and Karen Swofford, individually and on behalf of a class of persons similarly situated, (collectively, the Class Action Plaintiffs), and T. J. Lawson, Tammy Lawson; individually, and Tammy Lawson as Guardian ad Litem for Brandon Lawson, Amber Lawson and Joshua Lawson (Lawsons collectively with the Class Action Plaintiffs, the Plaintiffs), by and through their attorneys, Gold, Lange & Majoros, P.C. for their Motion for

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. 05-55991; 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. 05-55964; 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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Modification for Relief from Stay Pursuant to 11 U.S.C. 362(d)(1) and to Waive Ten (10) Day Waiting Period pursuant to F.R.B.P. 4001(a)(3), state as follows:

JURISDICTION 1. On May 17, 2005, (Petition Date) Collins & Aikman Corporation, et al (Debtors)

filed their voluntary petition under Chapter 11 of the United States Bankruptcy Code (Code). This Court has jurisdiction over this matter which is a core proceeding under 28 U.S.C. 157(b)(2)(G), Plaintiffs proposed order to this motion is attached as Exhibit A.

FACTS 2. Prior to the Petition Date, claims against the Debtors arose for Class Action Plaintiffs.

Class Action Plaintiffs filed a class action against, inter alia, the Debtors, seeking money damages for, among other things, personal injuries and injuries to property suffered by Class Action Plaintiffs due to the Debtors negligence, recklessness, violation of the Pollution Control Act, intentional acts, trespass and nuisance. 3. The Class Action was filed before the Court of Common Pleas in the State of South

Carolina, and is captioned as T. J. Lawson and Tammy Lawson, James M. Reid and Renee F. Reid, Bennie Skates and Cathy Skates, Robert A. Price, and David Swofford and Karen Swofford, Individually and on Behalf of a Class of persons Similarly Situated vs. Healthtex, Inc., f/k/a HealthTex, Inc., f/k/a HT Contracting Corporation; Collins & Aikman Corporation, f/k/a C & A Fashion Knits, Inc., and Collins & Aikman Products Co.; Spartanburg County Industries, Inc.; ChesebroughPonds, Inc.; VF Corporation; VD Playwear Inc.; Harold Waddell; Ed Justice; and Ronnie Coggins, -2-

Case No. 2003-CP-42-4231 (the Class Action). The Class Action is currently stayed due to the Debtors bankruptcy. A copy of the First Amended Class Action Complaint is attached hereto as Exhibit B. 4. Prior to the Petition Date, claims against the Debtors arose for the Lawsons. The

Lawsons filed a State Court action against, inter alia, the Debtors seeking money damages for, among other things, personal injuries suffered by the Lawsons due to the Debtors negligence, recklessness, violation of the Pollution Control Act, intentional acts, trespass and nuisance. 5. The Lawsons civil action was filed before the Court of Common Pleas in the State

of South Carolina and is captioned as T.J. Lawson, Tammy Lawson; individually and Tammy Lawson as Guardian ad Litem for Brandon Lawson, Amber Lawson and Joshua Lawson vs. Healthtex Inc., f/k/a Health-tex, Inc., f/k/a HT Contracting Corporation; Collins & Aikman Corporation, f/k/a C&A Fashion Knits, Inc., and Collins & Aikman Products Company, VF Corporation, VF Playwear, Inc., Ed Justice and Ronnie Coggins, Case No. 2004-CP-42-3810 (the Lawsons Civil Action) (collectively with the Class Action, the State Court Lawsuits). The Lawsons Civil Action is currently stayed due to the Debtors bankruptcy. A copy of the Lawsons Civil Action Complaint is attached hereto as Exhibit C. 6. Pursuant to 11 U.S.C. 362(d)(1), upon request of a party in interest, the Court shall

grant relief from the stay for cause including lack of adequate protection of such party in interest. The Plaintiffs herein have cause because of the continued harm to the Plaintiffs by Debtors negligent and willful actions.

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Request for Relief Plaintiffs seek relief from the automatic stay for the limited purpose of permitting the parties to continue the State Court Lawsuits in the South Carolina State Court to establish liability and damages. Any recovery from the Debtors would be the subject of approval by this Court as part of the Debtors Chapter 11 Plan of Reorganization. WHEREFORE, Plaintiffs request that this Court enter an Order (i) modifying the automatic stay insofar as it is necessary to allow Plaintiffs to proceed with the State Court Lawsuits against the Debtors with respect to the causes of action alleged in the State Court Lawsuits, (ii) Plaintiffs ability to recover any damages assessed by the state court will be part of the Debtors confirmed Chapter 11 Plan, but nothing herein limits the Plaintiffs from pursing and collecting from any third parties including, insurer, obligors, other tortfeasors and/or indemnifiers, (iii) waive the ten (10) day waiting period pursuant to F.R.B.P. 4001(a)(3) as to Plaintiffs, and (iv) provide such other or further relief as may be just or equitable. Respectfully submitted:

Dated: August 23, 2005

/s/ Stuart A. Gold STUART A. GOLD (P27766) WILLIAM L. HUEBNER (P56097) Gold, Lange & Majoros, P.C. 24901 Northwestern Hwy., Suite 444 Southfield, MI 48075 Phone: (248) 350-8220 Email: sgold@glmpc.com

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: COLLINS & AIKMAN CORPORATION, et al. Debtors. ___________________________________/
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Chapter 11 Case No. 05-55927-SWR (Jointly Administered) Honorable Steven W. Rhodes

ORDER ALLOWING THE PLAINTIFFS RELIEF FROM THE AUTOMATIC STAY AND TO WAIVE TEN (10) DAY WAITING PERIOD PURSUANT TO F.R.B.P. 4001(a)(3) T. J. Lawson and Tammy Lawson, James M. Reid and Renee F. Reid, Bennie Skates and Cathy Skates, Robert A. Price, and David Swofford and Karen Swofford, individually and on behalf of a class of persons similarly situated, (collectively, the Class Action Plaintiffs), and T. J. Lawson, Tammy Lawson; individually, and Tammy Lawson as Guardian ad Litem for Brandon Lawson, Amber Lawson and Joshua Lawson (Lawsons collectively with the Class Action Plaintiffs, the Plaintiffs), having filed their Motion for Relief from Automatic Stay, and no response having been timely filed and served, or upon hearing by the Court, and the Court being duly advised in the premises: IT IS HEREBY ORDERED that the Motion of the Plaintiffs for Relief from the Automatic Stay for Plaintiffs to proceed with the Class Action and the Lawsons Civil Action in state court is hereby granted for the limited purpose of assessing liability and to determine damages. IT IS FURTHER ORDERED that any damages awarded the Plaintiffs against the Debtors, if any, will be subject to any confirmed Chapter 11 Plan of Reorganization. IT IS FURTHER ORDERED that F.R.B.P. 4001(a)(3) shall not apply.

__________________________________________ UNITED STATES BANKRUPTCY COURT JUDGE

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