UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In Re: COLLINS & AIKMAN CORPORATION, et al., Chapter 11 Case No. 05-55927-R Hon. Steven W. Rhodes

Debtor. _________________________________ MOTION FOR RELIEF FROM AUTOMATIC STAY BY WANDA PATTERSON, ARIE SCHLEGEL, DIXIE AKERS, EDNA DAWSON, PAUL PHILLABAUM AND SHELLY CORNWELL Wanda Patterson, Arie Schlegel, Dixie Akers, Edna Dawson, Paul Phillabaum, and Shelly Cornwell (the "Claimants"), by and through their attorneys, Varnum, Riddering, Schmidt & HowlettLLP, hereby make their motion for relief from automatic stay pursuant to 11 U.S.C. 362(d), by stating as follows: 1. On March 23, 2004, the Claimants filed a Second Amended Complaint in the case

of Wanda Patterson, et. al. v. Heartland Industrial Partners, LLP, et. al., United States District Court for the Northern District of Ohio, Eastern Division, Case No. 5:03-CV-1596 (the "District Court Action"), against several defendants, including Collins & Aikman Corporation, Collins & Aikman Products Co. and Collins & Aikman Accessory Mats, Inc. (the "Debtor Defendants"). 2. The District Court Action requests only declaratory and injunctive relief against

the Debtor Defendants and the other defendants for violation of 29 U.S.C. 186(a). No monetary relief is sought 3. 4. The District Court Action is currently pending. The Debtor Defendants, along with several affiliates, filed voluntary bankruptcy

petitions on May 17, 2005.

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5.

11 U.S.C. 362(a) imposes an automatic stay against all entities of actions or

undertakings such as the District Court Action. 6. 11 U.S.C. 362(d)(1) allows the Court to grant relief from the automatic stay for

cause on request of a party and after notice and a hearing. 7. Good cause exists for modifying the stay pursuant to 11 U.S.C. 362(d)(1) for

purposes of allowing the District Court Action to continue. 8. Such cause includes the following: (a) the District Court is a more appropriate

forum for resolving the issues present in the District Court Action; (b) the District Court can timely adjudicate the District Court Action; (c) an adjudication of the District Court Action will have no effect on the Debtors Defendants' effective reorganization, since no monetary relief is sought in this case; and (d) an adjudication of the District Court Action is necessary to protect the Claimants from current and future harm. 9. This Motion is further supported by the accompanying Brief in Support thereof,

which is incorporated herein by reference. 10. A copy of the proposed Order is attached as Exhibit A.

WHEREFORE, the Claimants request that this Court enter an order modifying the automatic stay, pursuant to 11 U.S.C. 362(d), and permitting the District Court Action to continue in the District Court. Respectfully submitted,

VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP Attorneys for Claimants

Date: September 13, 2005

By:

/s/ Mary Kay Shaver Timothy J. Curtin (P-12410) Mary Kay Shaver (P-60411) Business Address: Bridgewater Place P. O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000

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EXHIBIT A UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In Re: COLLINS & AIKMAN CORPORATION, et al., Chapter 11 Case No. 05-55927-R Hon. Steven W. Rhodes

Debtor. _________________________________ ORDER FOR RELIEF FROM AUTOMATIC STAY At a session of said Court, held in and for said District, Detroit, Michigan, on the ____ day of _______, 2005. PRESENT: Hon. Steven W. Rhodes U.S. Bankruptcy Judge

Wanda Patterson, Arie Schlegel, Dixie Akers, Edna Dawson, Paul Phillabaum, and Shelly Cornwell (the "Claimants"), by and through their attorneys, Varnum, Riddering, Schmidt & HowlettLLP, having filed a Motion for Relief from the Automatic Stay to allow the adjudication of the District Court Action (as defined in the Motion); notice having been properly provided; a hearing on the Motion having been held; and the Court being otherwise fully advised in the premises; Now, Therefore, IT IS ORDERED that: 1. 2. and 3. The Claimants are authorized to continue the District Court Action. The Motion is granted; The automatic stay is hereby lifted to permit the District Court Action to proceed;

4.

No further action by this Court will be necessary to effectuate the relief from the

automatic stay as provided for in this Order. 5. This Order is entered as a final Order, and the 10-day stay under Bankruptcy Rule

4001(a)(3) shall not apply.

Hon. Steven W. Rhodes United States Bankruptcy Judge

Prepared by and Return for Service to: Timothy J. Curtin, Esq. Mary Kay Shaver, Esq. Varnum, Riddering, Schmidt & Howlett LLP Bridgewater Place - P.O. Box 352 Grand Rapids, MI 49501-0352