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

AIKMAN CORPORATION Debtor. _________________________________/ Case No. 05-55927-SWR Honorable STEVEN W. RHODES Chapter 11

MOTION FOR ORDER REQUIRING DEBTOR TO ASSUME OR REJECT LEASES ON THE EQUIPMENT ON BEHALF OF TOYOTA MOTOR CREDIT CORPORATION NOW COMES Creditor, Toyota Motor Credit Corporation, (Movant) by and through its counsel, KILPATRICK & ASSOCIATES, P.C., and in support of its Motion for Order Requiring Debtor to Assume or Reject Leases on the Equipment on Behalf of Toyota Motor Credit Corporation, states as follows: 1. 2. U.S.C. 1334. 3. 4. (Equipment). 5. The Equipment was leased pursuant to a Master Lease Agreement dated November 1, 1999 and various Supplements for specific items equipment dated thereafter (Agreement). Movant holds an ownership interest in the Equipment and a copy of the Agreement and financing statements are attached hereto and hereby incorporated by reference. 6. 7. To the best of Movants knowledge and belief and after reasonable inquiry, no other Pursuant to the Stipulated Order Providing for Adequate Protection Payments to Toyota parties have an interest in the Equipment. Motor Credit Corporation dated August 15, 2005 (Adequate Protection Order), the Debtors were required to make payments for the Equipment held by Movant. 8. As of the date of the instant Motion, the Debtor has failed to either assume or reject the Agreement as is required under 11 U.S.C. 365. Movant brings this Motion pursuant to 11 U.S.C. 105; 361; 362; 363; 365 On the date of the filing of this case, the Debtor was indebted to Movant and in Fed.R.Bankr.P. 4001(a) and 6006; L.B.R. 4001-1 (E.D.M.) and L.B.R. 9014-1(E.D.M.). possession of the Equipment described on attached Schedule B, which consists of multiple pages On or about May 17, 2005, the Debtor filed a Voluntary Petition under Chapter 11, Title This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157(a) and (b), 28 11 of the U.S. Bankruptcy Code.

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9. accessories. 10.

In order to assume the Agreement, the Debtor must pay all pre-petition past due

payments, all post-petition past due payments, insurance, maintenance charges, excess hours and The Debtor is currently past due on the Agreement with Movant in the amount of Sixty

Nine Thousand Seven Hundred Sixty-Six and 35/100 Dollars ($69,766.35) resulting from the Debtor' s failure to pay the August, 2005 and following payments. 11. 12. 30, 2005. 13. The Debtors continued use of the Equipment subject to Movant' interest, without s assuming or rejecting the Agreement pursuant to 11 U.S.C. 365(d)(2), will cause damage to Movant because of the uncertainty of the completion of the Agreement, damage to the Equipment because of misuse or abuse and possible abandonment of Equipment in abandoned plant locations. 14. The Equipment continues to depreciate on a daily basis. WHEREFORE, Movant prays this Court issue an Order Requiring the Debtor to Assume or Reject the Agreement regarding the Equipment within a reasonable time pursuant to 11 U.S.C. 365(d)(2) as to Toyota Motor Credit Corporation and grant whatever further and other Relief this Court deems just and proper. Respectfully submitted; KILPATRICK & ASSOCIATES, P.C. /s/Leonora K. Baughman RICHARDO I. KILPATRICK (P35275) LEONORA K. BAUGHMAN (P33534) Attorneys for Creditor, Toyota Motor Credit Corporation 903 North Opdyke Road, Suite C Auburn Hills, MI 48326 (248) 377 - 0700 Dated: September 14, 2005 The Debtor was to submit their strategic plan on August 31, 2005, and it appears Debtor At this time, the Debtor may not have cash sufficient to fund operations after September has shared it with some creditors but not Movant.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION - DETROIT IN THE MATTER OF: COLLINS & AIKMAN CORPORATION, Debtor. _________________________________/ Case No. 05-55927-SWR Honorable STEVEN W. RHODES Chapter 11

ORDER GRANTING MOTION FOR ORDER REQUIRING DEBTOR TO ASSUME OR REJECT LEASES ON THE EQUIPMENT ON BEHALF OF TOYOTA MOTOR CREDIT CORPORATION Upon consideration of the application of Toyota Motor Credit Corporation (TMCC), by and through its counsel, KILPATRICK & ASSOCIATES, P.C., for an Order Granting Motion for Order Requiring Debtor to Assume or Reject Leases on the Equipment on Behalf of Toyota Motor Credit Corporation; a Motion for Order Requiring Debtor to Assume or Reject Leases on the Equipment on Behalf of Toyota Motor Credit Corporation (Motion); Notice of the Motion and Brief in Support having been served on Debtor, Debtors Attorney, Attorney for the Official Committee of Unsecured Creditors, Attorney for JPMorgan Chase Bank, N.A., and the Office of the U.S. Trustee; Notice of Motion having been served on the service list pursuant to Fed.R.Bankr.P. 4001(d); TMCC being the owner of the Equipment described in the Motion; no other lienholders or parties having an interest in the Equipment; no response having been filed, or an objection or response if filed, having been resolved or overruled, and the Court being otherwise fully advised in the premises; IT IS HEREBY ORDERED that the Debtor shall file a statement of intention regarding whether the Debtor plans to assume or reject its obligations on the Equipment within __________ (____) days of the date that this order is entered.

IT IS FURTHER ORDERED that if the Debtor does not file such a statement of intention within __________ (____) days of the date that this order is entered, the Automatic Stay as provided by 11 U.S.C. 362, shall be and the same is, hereby vacated as it applies to the Creditor, Toyota Motor Credit Corporation, as to the Equipment.

________________________________________ HONORABLE STEVEN W. RHODES UNITED STATES BANKRUPTCY COURT JUDGE

EXHIBIT "A"