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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 ESTABLISHING A BAR DATE FOR FILING PROOFS OF CLAIM AND APPROVING THE MANNER AND NOTICE THEREOF Upon the motion (the Motion) 2 of the above-captioned debtors (collectively, the Debtors) for an order establishing a bar date for filing proofs of claim and approving the manner and notice thereof; 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

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 Manufact uring Company, Case No. 05-55968. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Motion.

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proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2); it appearing that venue of this proceeding and this Motion in this District is proper pursuant to 28 U.S.C. 1408 and 1409; notice of this Motion and the opportunity for a hearing on this 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 Motion is granted in its entirety. The day that is 50 days 3 from the date that this Order is entered at

5:00 p.m. prevailing Eastern Time shall be the last date and time by which all creditors of the Debtors and their respective estates must file a proof of claim in these cases (the Bar Date). 3. The proof of claim filing procedures (the Claim Filing Procedures)

attached as Exhibit B to the Motion is hereby approved with the modifications to numbered paragraph 4 set forth below and the addition of new numbered paragraphs 5 and 6 set forth below. 4. The following entities (as defined by section 101(15) of the Bankruptcy

Code) are not required to file a proof of claim on or before the Bar Date: a. any entity that has already properly filed, with the Collins & Aikman Claims Processing Center or the Clerk of the United States Bankruptcy Court for the Eastern District of Michigan, Southern Division, a proof of claim against the applicable Debtor or Debtors, utilizing a claim form that substantially conforms to the Official Form No. 10; any entity (i) whose claim is listed on the Debtors Schedules, (ii) whose claim is not described on such Schedules as disputed, contingent or unliquidated, (iii) whose claim is asserted against a specific Debtor and (iv) who does not dispute the amount or nature of the claim or the Debtor against whom the claim is asserted as set forth in the Schedules;

b.

The 50th day will be determined pursuant to Bankruptcy Rule 9006 should the 50th day not fall on a business day.

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c.

any entity solely having a claim under sections 503 or 507(a) of the Bankruptcy Code as an administrative expense of any of the Debtors chapter 11 cases; any entity whose claim has been paid in full by any of the Debtors; any entity that holds a claim that has been allowed by an order of this Court entered on or before the Bar Date; any entity whose claim is limited exclusively to the repayment of principal, interest and/or other applicable fees and charges (a Debt Claim) on or under any bond or note issued by the Debtors pursuant to an indenture (the Debt Instruments); provided, however, that (i) the foregoing exclusion in this subparagraph shall not apply to the Indenture Trustee under the applicable Debt Instruments (the Indenture Trustee), (ii) the Indenture Trustee shall be required to file one proof of claim, on or before the Bar Date, with respect to all of the Debt Claims on or under each of the Debt Instruments and (iii) any holder of a Debt Claim wishing to assert a claim, other than a Debt Claim, arising out of or relating to the Debt Instruments shall be required to file a proof of claim on or before the Bar Date, unless another exception in this paragraph 4 applies; any holder of a claim for which specific deadlines have previously been fixed by this Court; a Debtor in these chapter 11 cases having a claim against another Debtor; and any entity in its capacity as administrative agent, other agent or lender under (i) the Amended and Restated Revolving Credit, Term Loan and Guaranty Agreement dated as of July 28, 2005 (as heretofore amended, supplemented or otherwise modified and toge ther with the agreements and other documents executed in connection therewith, the Post-Petition Credit Documents) among Collins & Aikman Products Co., Collins & Aikman Corporation, the Subsidiaries party thereto, the lenders and financial institutions party thereto and JPMorgan Chase Bank, N.A., as administrative agent, or (ii) the Credit Agreement dated as of December 20, 2001, as amended and restated as of September 1, 2004 (as heretofore amended, supplemented or otherwise modified and together with the agreements and other documentation executed in connection therewith, the Pre-Petition Credit Documents), among Collins & Aikman Products Co., the lenders listed therein and JPMorgan Chase Bank, N.A., as administrative agent, with respect to each of the forgoing entitys claims, liens and other rights and interests arising under the Post-Petition Credit Documents, the Pre-Petition Credit Documents and this Courts Final Order (I) Authorizing Debtors (A) to Obtain Post-Petition Financing Pursuant to 11 U.S.C. 105, 361, 362, 364(c)91), 364(c)(2), 364(c)(3), 3

d. e. f.

g. h. i.

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364(d)(1) and 364(e) and (B) to Utilize Cash Collateral Pursuant to 11 U.S.C. 363 and (II) Granting Adequate Protection to Pre-Petition Secured Parties Pursuant to 11 U.S.C. 361, 362, 363 and 364 dated July 28, 2005. 5. Notwithstanding any provision of the Bankruptcy Code, the Bankruptcy

Rules, Local Rules, or any prior order of this Court, the International Union, UAW and its Local Unions 155, 174, 251, 286, 710, 1268, 1348, 1511, 2052, 2270 and 9699 (collectively the UAW) are authorized to file on or before the Bar Date omnibus proof(s) of claim against Debtor Collins & Aikman Corporation, Case No. 05-55927 (SWR), on behalf of UAW and all UAW-represented persons in these cases for any claim that the UAW or UAW-represented persons may hold against any Debtor in these jointly administered cases, which proofs of claim may include multiple claims on behalf of the UAW and UAW-represented persons. Based upon the previous sentence, UAW-represented persons are not required to file individual proofs of claim against any Debtor in these jointly administered cases so long as the UAW files omnibus proofs of claim covering such claims by the Bar Date, but should any UAW-represented person file a proof of claim against any Debtor, the provisions of these claim filing procedures shall govern such proof of claim in all respects. 6. Notwithstanding any provision of the Bankruptcy Code, the Bankruptcy

Rules, Local Rules, any other order of this Court, or any approved proof of claim form, each proof of claim filed by the Pension Benefit Guaranty Corporation (the PBGC) (whether on its own behalf or on behalf of the Collins & Aikman Pension Account Plan) in Chapter 11 Case No. 05-55927-R shall, at the time of its filing, be deemed filed not only in that case, but also in each of the Debtors Chapter 11 cases. This provision is intended solely for the purpose of

administrative convenience and shall not affect the substantive rights of the Debtors, the PBGC

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or any other party in interest. This provision shall apply to any amendment that PBGC may make with respect to any proof of claim filed by PBGC. 7. Pursuant to Bankruptcy Rule 3003(c)(3) each entity (including each

individual, partnership, joint venture, corporation, estate, trust, and governmental unit (as defined in section 101(27) of the Bankruptcy Code)) that asserts a claim (as defined in section 101(5) of the Bankruptcy Code) against the Debtors that arose before the Petition Date, must follow the Claim Filing Procedures prior to the Bar Date in order to assert such claim against the Debtors in these chapter 11 cases. 8. The following entities (as defined by section 101(15) of the Bankruptcy

Code) are not required to file a proof of claim on or before the Bar Date: a. any entity that has already properly filed, with the Collins & Aikman Claims Processing Center or the Clerk of the United States Bankruptcy Court for the Eastern District of Michigan, Southern Division, a proof of claim against the applicable Debtor or Debtors, utilizing a claim form that substantially conforms to the Official Form No. 10; any entity (i) whose claim is listed on the Debtors Schedules, (ii) whose claim is not described on such Schedules as disputed, contingent or unliquidated, (iii) whose claim is asserted against a specific Debtor and (iv) who does not dispute the amount or nature of the claim or the Debtor against whom the claim is asserted as set forth in the Schedules; any entity solely having a claim under sections 503 or 507(a) of the Bankruptcy Code as an administrative expense of any of the Debtors chapter 11 cases; any entity whose claim has been paid in full by any of the Debtors; any entity that holds a claim that has been allowed by an order of this Court entered on or before the Bar Date; any entity whose claim is limited exclusively to the repayment of principal, interest and/or other applicable fees and charges (a Debt Claim) on or under any bond or note issued by the Debtors pursuant to an indenture (the Debt Instrume nts); provided, however, that (i) the foregoing exclusion in this subparagraph shall not apply to the Indenture Trustee under the applicable Debt Instruments (the 5
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b.

c.

d. e. f.

Indenture Trustee), (ii) the Indenture Trustee shall be required to file one proof of claim, on or before the Bar Date, with respect to all of the Debt Claims on or under each of the Debt Instruments and (iii) any holder of a Debt Claim wishing to assert a claim, other than a Debt Claim, arising out of or relating to the Debt Instruments shall be required to file a proof of claim on or before the Bar Date, unless another exception in this paragraph 8 applies; g. h. i. any holder of a claim for which specific deadlines have previously been fixed by this Court; a Debtor in these chapter 11 cases having a claim against another Debtor; and any entity in its capacity as administrative agent, other agent or lender under (i) the Amended and Restated Revolving Credit, Term Loan and Guaranty Agreement dated as of July 28, 2005 (as h eretofore amended, supplemented or otherwise modified and together with the agreements and other documents executed in connection therewith, the Post-Petition Credit Documents) among Collins & Aikman Products Co., Collins & Aikman Corporation, the Subsidiaries party thereto, the lenders and financial institutions party thereto and JPMorgan Chase Bank, N.A., as administrative agent, or (ii) the Credit Agreement dated as of December 20, 2001, as amended and restated as of September 1, 2004 (as heretofore amended, supplemented or otherwise modified and together with the agreements and other documentation executed in connection therewith, the Pre-Petition Credit Documents), among Collins & Aikman Products Co., the lenders listed therein and JPMorgan Chase Ba nk, N.A., as administrative agent, with respect to each of the forgoing entitys claims, liens and other rights and interests arising under the Post-Petition Credit Documents, the Pre-Petition Credit Documents and this Courts Final Order (I) Authorizing Debtors (A) to Obtain Post-Petition Financing Pursuant to 11 U.S.C. 105, 361, 362, 364(c)91), 364(c)(2), 364(c)(3), 364(d)(1) and 364(e) and (B) to Utilize Cash Collateral Pursuant to 11 U.S.C. 363 and (II) Granting Adequate Protection to Pre-Petition Secured Parties Pursuant to 11 U.S.C. 361, 362, 363 and 364 dated July 28, 2005. Notwithstanding any provision of the Bankruptcy Code, the Bankruptcy

9.

Rules, Local Rules, or any prior order of this Court, the International Union, UAW and its Local Unions 155, 174, 251, 286, 710, 1268, 1348, 1511, 2052, 2270 and 9699 (collectively the UAW) are authorized to file on or before the Bar Date omnibus proof(s) of claim against Debtor Collins & Aikman Corporation, Case No. 05-55927 (SWR), on behalf of UAW and all 6
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UAW-represented persons in these cases for any claim that the UAW or UAW-represented persons may hold against any Debtor in these jointly administered cases, which proofs of claim may include multiple claims on behalf of the UAW and UAW-represented persons. Based upon the previous sentence, UAW-represented persons are not required to file individual proofs of claim against any Debtor in these jointly administered cases so long as the UAW files omnibus proofs of claim covering such claims by the Bar Date, but should any UAW-represented person file a proof of claim against any Debtor, the provisions of this Order shall govern such proof of claim in all respects. 10. Notwithstanding any provision of the Bankruptcy Code, the Bankruptcy

Rules, Local Rules, any other order of this Court, or any approved proof of claim form, each proof of claim filed by the Pension Benefit Guaranty Corporation (the PBGC) (whether on its own behalf or on behalf of the Collins & Aikman Pension Account Plan) in Chapter 11 Case No. 05-55927-R shall, at the time of its filing, be deemed filed not only in that case, but also in each of the Debtors Chapter 11 cases. This provision is intended solely for the purpose of

administrative convenience and shall not affect the substantive rights of the Debtors, the PBGC or any other party in interest. This provision shall apply to any amendment that PBGC may make with respect to any proof of claim filed by PBGC. 11. Any entity that holds a claim that arises from the rejection of an executory

contract or unexpired lease must file a proof of claim based on such rejection on or before the latest of (a) the Bar Date, (b) thirty calendar days after entry of an order authorizing the rejection of the executory contract or unexpired lease and (c) the date the Court fixes in the order authorizing the rejection of such executory contract or unexpired lease.

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12.

Any holder of an equity interest in the Debtors need not file a proof of

such interest; provided that if any such holder asserts a claim against the Debtors (including a claim relating to an equity interest or the purchase or sale of such equity interest), a proof of such claim must be filed on or before the Bar Date pursuant to the claim filing procedures set forth herein. 13. Use of the proof of claim form attached as Exhibit C to the Motion (the

Proof of Claim Form) and the modifications contained therein are hereby approved. 14. Pursuant to Bankruptcy Rule 3003(c)(2), any holder of a claim against one

or more of the Debtors who is required, but fails, to file a proof of claim for such claim in accordance with the Claim Filing Procedures on or before the Bar Date shall be forever barred, estopped and enjoined from asserting such claim against such Debtor (or filing a proof of claim with respect thereto) and such Debtors estate and its property shall be forever discharged from any and all indebtedness or liability with respect to such claim, and such holder shall not be permitted to vote to accept or reject any chapter 11 plan or participate in any distribution in such Debtors chapter 11 case on account of such claim or to receive further notices regarding such claim. 15. Notice of the entry of this Order, the Bar Date and the Claim Filing

Procedures in a form substantially similar to the notice attached to the Motion as Exhibit D (the Bar Date Notice), as modified to incorporate the revisions to the Claim Filing Procedures set forth above, which Bar Date Notice is hereby approved in all respects, shall be deemed good, adequate and sufficient notice to known parties if it is served together with one or more Proof of Claim Forms (as appropriate) by being deposited in the United States mail, first class postage prepaid, on or before ten calendar days after this Order is entered, upon:

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a.

all parties listed on the Debtors master mailing matrix, which includes all known holders of claims or parties to litigation listed on the Debtors Schedules at the addresses stated therein; and all entities on the Master Service List as defined in the First Amended Notice, Case Management and Administrative Procedures filed on June 9, 2005 [Docket No. 294]. Pursuant to Bankruptcy Rule 2002(1), the Debtors shall publish a Bar Date

b.

16.

Notice in substantially the form annexed to the Motion as Exhibit D, in the Wall Street Journal, USA Today (National Edition) and the Detroit Free Press/Detroit News, once at least thirty days before the Bar Date, which publication is hereby approved in all respects and which shall be deemed good, adequate and sufficient publication notice to unknown parties of the Bar Date. 17. The Debtors and Kurtzman Carson Consultants L.L.C. are authorized to

take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion. 18. Notification of the relief granted by this Order as provided herein is fair

and reasonable and will provide good, sufficient and proper notice to all known and unknown creditors and other holders of claims of their obligations in connection with claims they may have against the Debtors in these cases. 19. Nothing in this Order shall prejudice the right of the Debtors or any other

party in interest to dispute or assert offsets or defenses to any claim reflected in the Schedules or any proof of claim. 20. Entry of this Order is without prejudice to the right of the Debtors to seek

a further order of this Court fixing the date by which holders of a claim not subject to the Bar Date established herein must file such claim against one or more of the Debtors or be forever barred, estopped and enjoined from asserting such claim against such Debtor (or filing a Proof of Claim with respect thereto) and being permitted to vote on any chapter 11 plan or participate in 9
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any distribution in such Debtors case on account of such claim or to receive further notices regarding such claim. 21. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 22. The Court retains jurisdiction with respect to all matters arising from or

related to the implementation of this Order.


.

Entered: November 22, 2005 ___ _/s/ Steven Rhodes _ _ Steven Rhodes Chief Bankruptcy Judge

2.

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