UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

) ) COLLINS & AIKMAN CORPORATION, et al., ) a Delaware corporation, ) ) Debtor. ) )

In re:

Chapter 11 Case No. 05-55927-SWR Hon. Steven W. Rhodes

LIMITED OBJECTION OF TRI-WAY MOLD & ENGINEERING TO GENERAL MOTORS CORPORATIONS AMENDED MOTION FOR CONTINGENT RELIEF FROM AUTOMATIC STAY TO OBTAIN POSSESSION OF TOOLING

Tri-Way Mfg., Inc., d/b/a Tri-Way Mold & Engineering (Tri-Way), for its Limited Objection to General Motors Corporations Amended Motion for Contingent Relief from Automatic Stay to Obtain Possession of Tooling (the Amended Motion) states: 1. On September 8, 2006, General Motors Corporation (GM) filed the

Amended Motion. 2. Contained in the Amended Motion are representations by GM that: i.) GM owns the Relevant Tooling; ii.) the Debtor has no equity in the Relevant Tooling; iii.) GM has paid the Debtor for the Relevant Tooling. 3. Tri-Way has fabricated certain molds (Tri-Way Molds) pursuant to a

statute commonly known as the Michigan Mold Lien Act, MCL 445.611 et seq. (the Act), that is in the process of fabricating for the Debtor for the GMX 384 Saturn Aura Instrument Panel. In addition, Tri-Way also claims a lien on the Tri-Way Molds pursuant

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to a statute commonly known as the Michigan Mold Lien Act, MCL 445.611 et seq. (the Act), that it fabricated for the Debtor that are used to manufacture parts for the GMX 384 Instrument Panel for the Saturn Aura and believes that some or all of the Tri-Way Molds may be included in the tooling referenced in the Amended Motion of which GM proposes to take possession from the Debtor. 4. Pursuant to the Act, prior to shipping the Tri-Way Molds to the Debtor, Tri-

Way properly affixed its name and address on the Molds. 5. Tri-Way filed UCC-1 financing statements relative to the Tri-Way Molds as

required by the Act. 6. Molds. 7. The Amended Motion fails to recognize Tri-Ways statutory lien on the TriPursuant to the Act Tri-Way has a statutory lien against the Tri-Way

Way Molds and to provide for payment to satisfy Tri-Ways lien on the Tri-Way Molds. 8. According to GMs supporting documentation attached to the Amended

Motion, Tri-Way believes that GM may have paid the Debtor for the Tri-Way Molds, yet Tri-Way has not been paid by the Debtor for the Tri-Way Molds. Representations have been made by the Debtor to Tri-Way that GM has not paid for the Tri-Way Molds. 9. Tri-Way objects to GMs requested relief to the extent that Tri-Ways

statutory lien on the Tri-Way Molds is not recognized and/or satisfied. 10. Tri-Way does not object to the proposed relief requested by GM relative to

molds and tools other than the Tri-Way Molds.

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THEREFORE, Tri-Way respectfully requests that the Court deny General Motors Corporations Amended Motion for Contingent Relief from Automatic Stay to Obtain Possession of Tooling to the extent that it fails to recognize and satisfy Tri-Ways statutory lien on the Tri-Way Molds and grant such further and additional relief as deemed just and proper. Respectfully submitted,

________/s/ Dennis W. Loughlin____ Lynn Brimer (P43291) Dennis W. Loughlin (P57084) Strobl & Sharp, P.C. 300 E. Long Lake Road, Suite 200 Bloomfield Hills, MI 48304-2376 (248) 540-2300; fax (248) 645-2690 Attorneys for Defendants Dated: October 6, 2006

ECF Certificate of Service The undersigned certifies that a copy of the foregoing pleading was served upon each attorney or party of record herein by electronic means or first class U.S. mail on October 6, 2006. By: /s/Dennis W. Loughlin Dennis W. Loughlin (P57084)

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