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

Debtors.
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Chapter 11 Case No. 05-55927-R (Jointly Administered) Tax Identification No. 13-3489233 Honorable Steven W. Rhodes

TR ASSOCIATES LLC MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM TR Associates LLC (TR Associates) files this motion for allowance and payment of administrative expense claim and states as follows: Introduction 1. On May 17, 2005 (Petition Date), Debtors filed their voluntary petitions for relief under chapter 11 of the Bankruptcy Code. 2. TR Associates and Debtor Dura Convertible Systems, Inc. (Debtor) are parties to a lease (Lease) covering nonresidential real property commonly known as 2011 West Beecher

1 The Debtors in the proposed jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc.; Becker Group, LLC (d/b/a Collins & Aikman Premier Mold); Brut Plastics, Inc.; Collins & Aikman (Gibraltar) Limited; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation); Collins & Aikman Asset Services, Inc.; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.); Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.); Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.); Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.); Collins & Aikman Automotive International, Inc.; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.); Collins & Aikman Automotive Mats, LLC; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.); Collins & Aikman Automotive Services, LLC; Collins & Aikman Canada Domestic Holding Company; Collins & Aikman Carpet & Acoustics (MI), Inc.; Collins & Aikman Carpet & Acoustics (TN), Inc.; Collins & Aikman Development Company; Collins & Aikman Europe, Inc.; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.); Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.); Collins & Aikman Interiors, Inc.; Collins & Aikman International Corporation; Collins & Aikman Plastics, Inc.; Collins & Aikman Products Co.; Collins & Aikman Properties, Inc.; Comet Acoustics, Inc.; CW Management Corporation; Dura Convertible Systems, Inc.; Gamble Development Company; JPS Automotive, Inc. (d/b/a PACJ, Inc.); New Baltimore Holdings, LLC; Owosso Thermal Forming, LLC; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.); Wickes Asset Management, Inc.; and Wickes Manufacturing Company.

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Street, Adrian, Michigan (the Premises). On March 31, 2006, Debtor and TR Associates agreed to enter into an amendment to the Lease (Amendment). On April 12, 2006, the Court entered an Order Authorizing Debtors to Enter into an Amendment to an Existing Lease with TR Associates, LLC [Docket #2601] (Order). The Order provides that if Debtor rejects the Lease, the effective date of the rejection must be no less than six (6) months from the date of the rejection notice. A copy of the Lease and the Amendment are attached as Exhibit B. Debtor Failed to Maintain the Premises During the Two Years of Postpetition Use as Required Under Section 365 of the Bankruptcy Code 3. Under the Lease, Debtor was required, at its expense, to: Keep the said premises and every part thereof in as good repair and at the expiration of the term yield and deliver up the same in like condition as when taken, reasonable use and wear thereof and damage by the elements excepted. See Lease (15). 4. Under the Bankruptcy Code, Debtor was required to comply with all the obligations under the Lease from the Petition Date until the date the lease was rejected. 11 U.S.C.

365(d)(3). Debtors failure to perform postpetition repair and maintenance obligations gives rise to an administrative expense claim for the damages arising from that failure. In re United Trucking Service, Inc., 851 F2d 159, 162 (6th Cir. 1989); In re Natl. Refractories & Minerals Corp., 297 BR 614, 617 (Bankr. N.D. Cal. 2003); In re Atlantic Container Corp., 133 BR 980, 991-992 (Bankr. N. D. Ill. 1991). 5. In direct breach of its postpetition obligations under the Lease, Debtor caused

substantial damage to the Premises and failed to maintain the Premises (Damages). A list of -2Detroit_806241_3

the Damages is attached as Exhibit C. TR Associates estimates that the total cost to repair the Damages is $54,455.00, plus the following: (a) Debtor changed the name on at least one utility bill to be in the name of TR Associates. TR Associates received a bill from Consumers Energy in the amount of $5,311.30 for electricity provided at the Premises. Under the Lease, Debtor is responsible for this payment and other utility bills through November 10, 2007. TR Associates requests that the Court order Debtor to pay all bills for utility services provided to the Premises through November 10, 2007; (b) Debtor is required to remove an environmental chamber and coolant tower when it vacates the premises on November 10, 2007. There may be further costs arising from the removal of these items. TR Associates reserves the right to amend and supplement this motion to seek payment for such additional costs. 6. Because, upon information and belief, the Damages occurred postpetition: (i)

Debtor is obligated to pay for the repairs to the Premises in accordance with their obligations under the Lease and sections 365(d)(3) of the Bankruptcy Code; and (ii) TR Associates claim for damages relating to the Damages and other items is an administrative obligation of the Debtors bankruptcy estate under section 365(d)(3) and 503 of the Bankruptcy Code. Relief Requested For the foregoing reasons, Becker requests that this Court enter an order allowing it an administrative expense claim in the amount of $54,550 plus any amounts owing for the necessary repairs after removal of the environmental chamber and coolant tower, directing -3Detroit_806241_3

payment of such claim, and payment of all postpetition utility bills, within 30 days of the entry of the order in accordance with the terms of the confirmed Chapter 11 plan. A proposed order is attached as Exhibit A. BODMAN LLP

By: /s/ Ralph E. McDowell _____ Ralph E. McDowell (P39235) Attorneys for TR Associates, LLC 6TH Floor at Ford Field 1901 St. Antoine Street Detroit, MI 48226 (313) 259-7777 November 12, 2007

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EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) ) ) COLLINS & AIKMAN CORPORATION, et ) ) al, ) ) In re: Debtors. Chapter 11 Case No. 05-55927-R (Jointly Administered) Tax Identification No. 133489233 Honorable Steven W. Rhodes

ORDER GRANTING TR ASSOCIATES LLC MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM Upon consideration of TR Associates LLC Motion for Allowance and Payment of Administrative Expense Claim (the Motion) and any opposition thereto, and the Court being otherwise fully advised, it is ORDERED as follows: The Motion is granted. TR Associates LLC is allowed an administrative expense claim under 11 U.S.C. 503(b)(1) in the amount of $54,550 plus any amounts owing for the necessary repairs after removal of the environmental chamber and coolant tower. Debtors shall pay TR Associates allowed administrative expense claim in full within 30 days after entry of this order in accordance with the terms of Debtors confirmed Chapter 11 plan. Debtor shall also pay all utility bills owing under the Lease for services provided through November 10, 2007.