UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DISTRICT

) Chapter 11 ) Case No. 05-55927 (SWR) COLLINS & AIKMAN CORPORATION, et al., ) ) Jointly Administered ) Debtors. ) Honorable Stephen W. Rhodes ______________________________________________________________________________ RESPONSE OF JPMORGAN CHASE BANK, AS PREPETITION AGENT, IN SUPPORT OF DEBTORS AMENDED MOTION FOR A SCHEDULING ORDER IN ADVERSARY PROCEEDING NO. 06-04059 JPMorgan Chase Bank, N.A., as administrative agent for the pre-petition senior secured lenders (the Pre-Petition Agent), by its counsel, Wachtell, Lipton, Rosen & Katz and Dykema Gossett PLLC, hereby files this Response in Support of Debtors Amended Motion for a Scheduling Order in Adversary Proceeding No. 06-04059 (the Scheduling Order Motion), and in Support of the Debtors Ex Parte Motion for Order Scheduling an Expedited Hearing thereon, and respectfully states as follows: 1. On March 11, 2006, the Debtors filed the Scheduling Order Motion, seeking

In re:

authority to enter into a scheduling order with respect to certain patent infringement claims brought by Wilhelm Karmann GmbH (Karmann) against Dura Convertible Systems, Inc. (Dura), one of the Debtors in these chapter 11 cases (Adversary Proceeding No. 06-04059). The Pre-petition Agent supports both the Scheduling Order Motion and the Debtors request that it be heard on an expedited basis.

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As set forth in great er detail in the Scheduling Order Motion, on January 13,

2006, Karmann filed a complaint in this Court in which it alleged that certain convertible tops that Dura sold to Ford Motor Company infringe on Karmanns patent rights. In the Scheduling Order Motion, Dura requests that this Court approve certain expedited discovery and pre-trial procedures in that lawsuit. 3. The Pre-Petition Agent believes that the requested discovery and pre-trial

procedures will provide the most effective means to resolve Karmanns claims without imposing significant burdens on the Debtors estates or their restructuring efforts. The Debtors are presently actively engaged in marketing Duras convertible top business. The assets of that business are among the collateral securing the approximately $750 million in pre-petition bank debt represented by the Pre-Petition Agent. As such, the Pre-Petition Agent is clearly a party in interest with standing to be heard on the issue of scheduling the proceedings in the Karmann lawsuit. See 11 U.S.C. 1109(b) (A party in interest, including . . . a creditor . . . may raise and may appear and be heard on any issues in a case under this chapter.) 4. The pendency of Karmanns complaint threatens to delay or derail the Dura sale

process and, consequently, threatens diminution in the value of Duras business and the prepetition lenders liens and security interests therein. It also has the potential to hinder the Debtors efforts to reorganize expeditiously. Granting the Debtors request for an expedited hearing will provide Karmann and Dura with sufficient time for discovery on the essential issues of infringement and validity, such that the Court may hold an expedited trial as requested in the Scheduling Order Motion. The Pre-Petition Agent believes that these steps are necessary to prevent harm to the value of these estates and unwarranted diversion of the Debtors attention to effectuating a successful reorganization for the benefit of creditors. 2

WHEREFORE, the Pre-Petition Agent supports the Scheduling Order Motion and joins in the Debtors request that it be granted. Respectfully submitted, DYKEMA GOSSETT PLLC

By: ___/s/ Brendan G. Best_________ Ronald L. Rose (P19621) Brendan G. Best (P66370) 400 Renaissance Center Detroit, MI 48243 (313) 568-6553 and Harold S. Novikoff David C. Bryan Chetan Gulati WACHTELL, LIPTON, ROSEN & KATZ 51 West 52nd Street New York, New York 10019 (212) 403-1000 Attorneys for JPMorgan Chase Bank, N.A., as PrePetition Agent Dated: March 15, 2006