IN 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) Honorable Steven W. Rhodes

EX-PARTE MOTION FOR ORDER SHORTENING NOTICE PERIOD AND SCHEDULING EXPEDITED HEARING ON: MOTION OF FIREMAN FUNDS INSURANCE COMPANY PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 3018(a) TO ALLOW CLAIMS FOR PLAN VOTING PURPOSES Now comes Firemans Fund Insurance Company, National Surety Company and possibly other related insurance companies (collectively, FFIC), by their attorneys, and for their Ex-Parte Motion for Order Shortening Notice Period and Scheduling Expedited Hearing on Motion of Fireman Funds Insurance Company Pursuant to Federal Rule of Bankruptcy Procedure 3018(a) to Allow Claims for Plan Voting Purposes (the 3018(a) Motion), hereby state as follows: JURISDICTION 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 2. 3. Venue is proper pursuant 28 U.S.C. 1408 and 1409. The statutory basis for the relief requested herein are Rules 9006 and 9007

of the Federal Rules of Bankruptcy Procedure and Rule 9006-1(b) of the Local Rules of the United States Bankruptcy Court, Eastern District of Michigan (Local Rule 9006-1(b)).

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BACKGROUND 4. On May 17, 2005, (the Filing Date), the Debtors filed their voluntary

petitions for relief under Chapter 11 of the United States Bankruptcy Code. The Debtors are operating their businesses and managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these cases. On the Petition Date, the Court entered an order jointly administering these cases pursuant to Bankruptcy Rule 1015(b). 5. Prior to the Filing Date, FFIC issued certain insurance policies for various

policy periods (collectively, the Policies), that may provide certain insurance coverage for the Debtors. FFIC may also be a party to certain other agreements relating to the Policies (together with the Policies, collectively, the FFIC Agreements). 6. On or about January 9, 2006, FFIC timely filed a Proof of Claim in each

of the Debtors cases (collectively, the Claims). The Claims assert contingent and unliquidated claims which are subject to further and future adjustment and include, without limitation, claims for additional premium payments, deductibles, self-insured retentions and other expenses that may become due under the FFIC Agreements. Additionally, FFIC may also hold contingent and unliquidated claims, as set forth in the Claims, for any and all rights to payments, rights to receive performance, actions, defenses, indemnification, contribution, subrogation, setoffs and/or recoupments arising from, related to, or in connection with any and all of Debtors (and any other possible named insureds) duties and obligations under the terms of the FFIC Agreements. 7. On March 30, 2007, the Court entered an Order Extending the Deadline to

Vote On and Object to the Debtors Chapter 13 Plan and Adjourning the Hearing on confirmation of such Plan.

8.

Pursuant to the Order, the Court extended the deadline to vote or object to

the Plan until May 7, 2007. 9. The Claims will likely remain contingent and unliquidated as of the May

7, 2007 deadline for voting on the Plan. In addition, because the Claims allow for the possibility that they may ultimately be treated as unsecured claims, they will be impaired under the Plan. Despite FFICs attempt to negotiate an informal resolution of this matter, Debtors did not respond to FFICs requests. 10. In accordance with Local Rule 9006-1(b), FFIC attempted to conduct a

conference with the Debtors to ascertain whether Debtors would contest a shortened notice period and an expedited hearing on the 3018(a) Motion. 11. Despite attempts at contacting the Debtors local counsel, FFIC was

unable to conduct a conference. 12. Contemporaneously with the filing of this Motion, FFIC filed the 3018(a)

Motion requesting that the Claims be temporarily allowed as Class 5 General Unsecured Claims for the purposes of voting on the Plan. RELIEF REQUESTED 13. FFIC requests that, pursuant to Bankr. R. 9006(c) and Local Rule 9006-

1(d), the Court shorten the Notice for objecting or otherwise responding to the 3018(a) Motion to April 27, 2007 at 4:00 p.m., and schedule an expedited hearing to be conducted on April 30, 2007 at 9:30 a.m. BASIS FOR RELIEF 14. For the reasons set forth in the 3018(a) Motion, good and sufficient cause

exists to consider the 3018(a) Motion on an expedited basis. Specifically, the 3018(a) Motion must be heard prior to the May 7, 2007 voting deadline.

15.

Pursuant to Bankruptcy Rule 9007, the Court has the authority to regulate

the time within which, the entities to whom and the form and the manner in which, notice shall be given, which includes the authority to determine the appropriate notice for conducting a hearing on the matter as presented by the 3018(a) Motion. WHEREFORE, FFIC respectfully requests the entry of an order shortening the period for objecting or otherwise responding to the 3018(a) Motion to April 27, 2007, at 4:00 p.m.; and schedule an expedited hearing on the 3018(a) Motion until on April 30, 2007, at 9:30 a.m., and grant such other relief as the Court deems appropriate.

Dated: April 20, 2007

MYERS & ALLMAND, PLLC /s/ Kelly A. Myers Kelly A. Myers 8163 Grand River, Suite 400 Brighton, MI 48114 Tel: (810)229-6620 Fax: (810) 229-6650 Email: kmyers@ma-pllc.com and

John C. Kilgannon Stevens & Lee, P.C. 1818 Market Street 29th Floor Philadelphia, PA 19103 Tel: (215) 751-1943 Fax: (610) 371-7954 Email: jck@stevenslee.com Attorneys for Firemans Fund Insurance Company and National Surety Company

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) In re ) Chapter 11 ) COLLINS & AIKMAN CORPORATION, et al., ) Case No. 05-55927 (SWR) ) (Jointly Administered) Debtors. ) Honorable Steven W. Rhodes )

ORDER SHORTENING NOTICE PERIOD AND SCHEDULING EXPEDITED HEARING This matter coming before the Court of the Ex-Parte Motion of Firemens Fund Insurance Company for an Order Shortening Notice Period and Scheduling Expedited Hearing on Motion of Fireman Funds Insurance Company Pursuant to Federal Rule of Bankruptcy Procedure 3018(a) to Allow Claims for Plan Voting Purposes. ORDERS THAT: a. The Motion is GRANTED. b. That the period for objecting or otherwise responding to the Motion of Fireman Funds Insurance Company Pursuant to Federal Rule of Bankruptcy Procedure 3018(a) to Allow Claims for Plan Voting Purposes is April 27, 2007; c. That an expedited hearing on Motion of Fireman Funds Insurance Company Pursuant to Federal Rule of Bankruptcy Procedure 3018(a) to Allow Claims for Plan Voting Purposes be held on April 30, 2007, at 9:30 a.m.

Date: THE HONORABLE STEVEN W. RHODES UNITED STATES BANKRUPTCY JUDGE