THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION,

et al., Debtors. Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Hon. Steven W. Rhodes

COMMENTS TO PROPOSED ORDER REGARDING MEDIATION Defendant M. Holland Company and defendants CIT Group Inc., CIT Technologies Corporation, CIT Equipment Leasing and CIT Capital Securities (collectively, CIT), through Bodman LLP, submit the following comments to the proposed Order Regarding Mediation (Proposed Order): 1. If mediation does not resolve an adversary proceeding in which the discovery

deadline was tolled under paragraph 13(b), the mediator should obtain the parties acknowledgement of the new date upon which discovery terminates, or determine that date himself, prior to concluding the mediation. The mediators report under paragraph 5 should identify the new discovery deadline. 2. Paragraph 14 of the Proposed Order states that statements made during the As there is no legally recognized privilege

mediation are privileged and inadmissible.

applicable to mediation or settlement discussions, as opposed to a court rule providing that they are inadmissible, the order should remove references to privilege and merely provide that the statements or discussions are inadmissible (and nondiscoverable). 3. Paragraph 16 of the Proposed Order states that counsel and a representative for

each party must attend the mediation in person, but allows participation by phone in Track I cases. Given that several party representatives are located outside of Michigan, the order should
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allow the party representative in Track II (particularly those under $200,000) and Track III cases to attend by phone at the mediators discretion. 4. Specifically as to CIT, the order should provide that the assigned mediators have

the discretion to transfer actions commenced against related parties among each other so as to facilitate coordination of mediation of separate adversary proceedings against related entities even if the adversary proceedings fall within different Tracks.

BODMAN LLP

Date: October 15, 2007

/s/ Monica M. Moore _________ Jeffrey G. Raphelson (P38036) Monica M. Moore (P61837) 6th Floor at Ford Field 1901 St. Antoine Street Detroit, Michigan 48226 (313) 259-7777 mmoore@bodmanllp.com

By:

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CERTIFICATE OF SERVICE I hereby certify that on October 15, 2007 I electronically filed defendants M. Holland Company, CIT Group Inc., CIT Technologies Corporation, CIT Equipment Leasing and CIT Capital Securities comments to the proposed Order Regarding Mediation with the Clerk of the Court using the ECF system, which will send notification to: Neil Berger, Togut, Segal & Segal LLP, One Penn Plaza, Suite 3335, New York, New York 10119. BODMAN LLP /s/ Monica M. Moore Jeffrey G. Raphelson (P38036) Monica M. Moore (P61837) 1901 St. Antoine St. 6th Floor at Ford Field Detroit, Michigan 48226 (313) 259-7777 mmoore@bodmanllp.com By:

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