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

AIKMAN CORPORATION, Debtors. _________________________________/ Case No. 05-55927-SWR Honorable STEVEN W. RHODES Chapter 11 Jointly Administered

MOTION FOR ORDER COMPELLING DEBTORS TO PAY TOYOTA MOTOR CREDIT CORPORATION PAST DUE PAYMENTS MANDATED BY THE STIPULATED ORDER PROVIDING FOR ADEQUATE PROTECTION PAYMENTS AND FOR SANCTIONS NOW COMES Creditor, Toyota Motor Credit Corporation, (TMCC) by and through its counsel, KILPATRICK & ASSOCIATES, P.C., and in support of its Motion for Order Compelling Debtors to Pay Toyota Motor Credit Corporation the Past Due Payments Mandated by the Stipulated Order Providing for Adequate Protection Payments and for Sanctions, states as follows: 1. On or about May 17, 2005, the Debtors filed a Voluntary Petition under Chapter

11, Title 11 of the U.S. Bankruptcy Code. 2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157(a) and

(b), 28 U.S.C. 1334. 3. TMCC brings this Motion pursuant to 11 U.S.C. 105; 361; 362; 363;

365 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.). 4. On the date of the filing of this case, the Debtors were indebted to TMCC and in

possession of various items of equipment which were leased pursuant to a Master Lease Agreement dated November 1, 1999 and various Supplements for specific items of equipment (Equipment). 5. On August 11, 2005, this Court entered the Stipulated Order Providing for

Adequate Protection Payments to Toyota Motor Credit Corporation [Docket 917] (Adequate

0W[;'&'

0555927070607000000000003

#%

Protection Order) requiring the Debtors to make payments to TMCC for the continued regular use of the Equipment pending assumption or rejection of the Leases. 6. On July 14, 2006, the Court entered the Order Approving Stipulation By and

Between the Debtors and Toyota Motor Credit Corporation Resolving the Debtors Motion for Entry of an Order Authorizing Debtors to Reject Certain Executory Contracts with Toyota Motor Credit Corporation [Docket 3011] (Order Rejecting Leases) which incorporated the terms contained in the Stipulation By and Between the Debtors and Toyota Motor Credit Corporation Resolving the Debtors Motion for Entry of an Order Authorizing Debtors to Reject Certain Executory Contracts with Toyota Motor Credit Corporation [Docket 3006]. 7. 8. The Debtors purchased nine units of Equipment. In compliance with the Order Rejecting Leases, the Debtors have surrendered all

remaining Equipment. 9. The Debtors have failed to pay TMCC the amount of $41,846.09 for post petition

rents, $31,898.99 for post petition personal property taxes, and $33,589.15 for post-petition late fees as required by the Adequate Protection Order, which amounts are administrative expense claims. 10. In addition, the Debtors owe TMCC the amount of $221,908.94 for pre petition

rents, pre-petition personal property taxes, pre-petition late charges, repossession charges and attorney fees and costs, which amounts are entitled to allowance as general unsecured claims. 11. Counsel for TMCC sent an email letter to counsel for the Debtors regarding the

failure to make payments required by the Adequate Protection Order on February 26, 2007 and email letters with payment histories on April 18, 2007 and May 9, 2007. No response was received from counsel to any of the email correspondence. 12. The Debtors have caused TMCC to incur costs and fees as a result of the failure to

comply with the Courts Adequate Protection Order and has necessitated the filing of this

motion, and therefore sanctions are appropriate in the amount of Five Thousand and 00/100 Dollars ($5000.00) which sum represents the additional costs incurred by TMCC in pursuing the payment of the ordered adequate protection payments and the filing of this motion. WHEREFORE, Toyota Motor Credit Corporation prays this Court issue an Order Compelling the Debtors to Pay to Toyota Motor Credit Corporation Past Due Payments Mandated by the Stipulated Order for Adequate Protection Payments in the amount of One Hundred Seven Thousand Three Hundred Thirty Four and 23/100 Dollars ($107,334.23) within ten (10) days from the date of the Order granting this Motion; awarding sanctions in the amount of Five Thousand and 00/100 Dollars ($5000.00) and grant whatever further and other Relief this Court deems just and proper. Respectfully submitted; KILPATRICK & ASSOCIATES, P.C.

Dated: June 7, 2007

/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 ecf@kaalaw.com (248) 377 - 0700

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

ORDER GRANTING MOTION FOR ORDER COMPELLING DEBTORS TO PAY TOYOTA MOTOR CREDIT CORPORATION PAST DUE PAYMENTS MANDATED BY THE STIPULATED ORDER PROVIDING FOR ADEQUATE PROTECTION PAYMENTS AND FOR SANCTIONS Upon consideration of the motion of Toyota Motor Credit Corporation (TMCC), by and through its counsel, KILPATRICK & ASSOCIATES, P.C., for an Order Compelling Debtors to Pay to Toyota Motor Credit Corporation Past Due Payments Mandated by the Stipulated Order Providing for Adequate Protection Payments and for Sanctions; a Motion for Order Compelling Debtors to Pay Toyota Motor Credit Corporation Past Due Payments Mandated by the Stipulated Order Providing for Adequate Protection Payments and for Sanctions (Motion); Notice of the Motion and Brief in Support having been served as required in the Case Management Procedure; the Debtors failing to pay TMCC pursuant to the Stipulated Order Providing for Adequate Protection Payments; 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 Debtors shall pay to TMCC the amount of One Hundred Seven Thousand Three Hundred Thirty Four and 23/100 Dollars ($107,334.23) within ten (10) days of the date that this order is entered.

IT IS FURTHER ORDERED that the Debtors are hereby sanctioned in the additional amount of Five Thousand and 00/100 Dollars ($5000.00); said amount to be paid to TMCC, within ten (10) days after the entry of this order for costs associate with this Motion.

EXHIBIT "A"

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

NOTICE OF MOTION FOR ORDER COMPELLING DEBTORS TO PAY TOYOTA MOTOR CREDIT CORPORATION PAST DUE PAYMENTS MANDATED BY THE STIPULATED ORDER PROVIDING FOR ADEQUATE PROTECTION PAYMENTS AND FOR SANCTIONS Creditor, Toyota Motor Credit Corporation, has filed papers with the Court seeking an Order Compelling Debtors to Pay Toyota Motor Credit Corporation Past Due Adequate Protection Payments and for Sanctions. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.) If you do not want the Court to grant Relief from the Automatic Stay, or if you want the Court to consider your views on the Motion, within fifteen (15) days, you or your attorney must: 1. File with the Court a written response or an answer, explaining your position at:1 United States Bankruptcy Court, 211 West Fort Street, Detroit, Michigan 48226. If you mail your response to the Court for filing, you must mail it early enough so the Court will receive it on or before the date stated above. You must also mail a copy to: Richardo I. Kilpatrick, Attorney for Creditor, Ford Motor Credit Company, Kilpatrick & Associates, P.C., 903 North Opdyke Road, Suite C, Auburn Hills, Michigan 48326; Office of the U.S. Trustee, 211 West Fort Street, Suite 700,Detroit, Michigan 48826; Collins & Aikman Corporation, Debtor, 250 Stephenson Highway , BTroy, MI 48083; Joseph Fischer, Attorney for Debtors, Carson Fischer, PLC, 300 E. Maple Road, 3rd Floor , Birmingham, MI 48009; and Michael S. Stamer, Attorney for the Official Committee of Unsecured Creditors, Akin, Gump, Strauss, Hauer & Feld, LLP, 590 Madison Avenue, 20th Floor; New York, NY 10022. 2. If a response 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 decide that you do not oppose the Relief sought in the Motion and may enter an order granting that Relief. 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, Michigan 48326 ecf@kaalaw.com (248) 377 0700

Dated: June 7, 2007

Response or answer must comply with F.R.Civ.P. 8(b), (c) and (e).

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

BRIEF IN SUPPORT OF THE MOTION FOR ORDER COMPELLING DEBTORS TO PAY TOYOTA MOTOR CREDIT CORPORATION PAST DUE PAYMENTS MANDATED BY THE STIPULATED ORDER PROVIDNG FOR ADEQUATE PROTECTION PAYMENTS AND FOR SANCTIONS The Debtors entered into a Stipulated Order Providing for Adequate Protection with Toyota Motor Credit Corporation (TMCC) on August 15, 2005 (Docket # 942). Pursuant to the Stipulated Order Providing for Adequate Protection, the Debtors were required to make monthly payments for the Equipment, as defined in the Motion, which was leased by the Debtors from TMCC pursuant to a Master Lease Agreement dated November 1, 1999 and various Supplements listing specific items of equipment (Equipment). The Debtors filed their Petitions for Chapter 11 relief on May 17, 2005. The Debtors continued to use the Equipment until surrender of the Equipment in August of 2006. In fact, the Debtors utilized the Equipment in excess of the hours agreed to in the various agreements between the Debtors and TMCC. The Debtors have failed to make the required payments pursuant to the Stipulated Order Providing for Adequate Protection Payments. The Debtors should be compelled to pay to TMCC the

amount of One Hundred Seven Thousand Three Hundred Thirty Four and 23/100 Dollars ($107,334.23) representing the past due post petition rents, taxes and late charges within ten (10) days of the date that an order is entered.
Although TMCC has provided payment histories on more than one occasion to the Debtors, the Debtors still refuse to make payments or engage in discussion on the amounts due. Counsel for the Debtors has failed to respond to correspondence from the counsel for TMCC on the subject as well. TMCC has been more than reasonable in its attempts to obtain payment without resorting to filing a motion to seek the Courts involvement. Due to the Debtors disregard of this Courts Order Providing for

Adequate Protection Payments and the failure to respond to inquiries from counsel for TMCC, counsel for TMCC was forced to file this motion. The Debtors should be sanctioned for such unreasonable conduct and TMCC suggests that Five Thousand and 00/100 Dollars is an appropriate sanction. Respectfully submitted; KILPATRICK & ASSOCIATES, P.C.

Dated: June 7, 2007

/s/Leonora K. Baughman RICHARDO I. KILPATRICK (P35275) LEONORA K. BAUGHMAN (P33534) Attorneys for Creditor, Toyota Motor Credit Corporation 903 North Opdyke, Suite C Auburn Hills, MI 48307 ecf@kaalaw.com (248) 377 - 0700

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

PROOF OF SERVICE GLENDA HEINZMANN certifies that on June 7, 2007 she did serve a copy of the MOTION FOR ORDER COMPELLING DEBTORS TO PAY TOYOTA MOTOR CREDIT CORPORATION PAST DUE PAYMENTS MANDATED BY THE STIPULATION ORDER PROVIDING FOR ADEQUATE PROTECTION PAYMENTS AND FOR SANCTIONS, BRIEF IF SUPPORT, PROPOSED ORDER, NOTICE, and PROOF OF SERVICE in the above-captioned matter, with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Joseph Fischer Office of the U.S. Trustee Peter Athey Steve Grossman Michael Stamer jfischer@carsonfischer.com, brcy@carsonfischer.com via ecf e-mail peter_athey@toyota.com sgrossman@gtpp.com mstamer@akingump.com

And by depositing same in a United States postal box located in Auburn Hills, Michigan, with the lawful amount of postage fully prepaid thereon, upon the following: Collins & Aikman Corporation 250 Stephenson Highway Troy, MI 48083 Joseph Fischer, Esq. Carson Fischer, PLC 4111 Andover Road Floor 2W Bloomfield Hills, MI 48302-1924 /s/ Glenda Heinzmann GLENDA HEINZMANN, an employee of KILPATRICK & ASSOCIATES, P.C. 903 N. Opdyke Road, Suite C Auburn Hills, MI 48326 ecf@kaalaw.com
(248) 377-0700