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) (Tax Identification # 13-3489233) Honorable Steven W. Rhodes

OBJECTION OF FISCHER AUTOMOTIVE SYSTEMS, INC. TO NOTICE OF RECLAMATION CLAIMS THE DEBTORS DEEM TO BE VALID

NOW COMES Fischer Automotive Systems, Inc. (Fischer), by and through its undersigned attorneys, Miller, Canfield, Paddock & Stone, p.l.c., and objects to the Notice of Reclamation Claims the Debtors Deem to Be Valid (the Notice) and in support thereof states as follows: 1. On May 17, 2005 the Debtors filed voluntary petitions under Chapter 11 of

the Bankruptcy Code. (the Petition Date). On the same day, Fischer sent, and the Debtors received, a demand letter asserting a reclamation claim in the amount of $94,480.87. 2. A portion of the goods included in the invoice reflected sales and deliveries

to the non-debtor Canadian affiliate of the Debtors. After removing these amounts, for which payment has been received, the demand to the Debtors is in the amount of $80,393.94. The Debtors admit this demand amount in the Notice.

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3.

The Debtors admit that $57,402.91 of the demand amount is proper. Of the

remainder, $2,112,76 is disputed because the goods allegedly were not in the possession of the Debtor on the date of the reclamation and the remainder, $20,878.27, allegedly because the goods were received after the Petition Date. 4. Fischer has no knowledge of the absence of any shipped goods and the

burden of demonstrating the lack of possession in on the Debtor. In the absence of such evidence, this portion of the demand should be allowed. 5. With respect to the goods allegedly received after the Petition Date, as

evidence by the attached Exhibit A, all of the goods subject to the demand were shipped to the Debtor prior to the Petition Date. They should have been received prior to the filing. Even if some, or all, were received after the Petition Date, this does not vitiate the efficacy of a properly filed reclamation claim. Wherefore Fischer prays this Court determine the Notice is incorrect and allow Fischer a valid reclamation claim in the amount of $80,393.94.

Respectfully submitted, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

By: Timothy A. Fusco (P13768) Attorneys for Fischer Automotive Systems, Inc. 150 West Jefferson, Suite 2500 Detroit, MI 48226 (313) 963-6420 fusco@millercanfield.com

Dated: September 27, 2005.

DELIB:2663156.1\109492-00001

Collins and Aikman

Shipments to C&A Date of Shipment Amount of Parts Description Nashville 5/9/2005 392 490 98 1024 490 294 392 1024 196 392 490 1024 588 686 686 2048 294 490 294 98 1024 TK cupholder PK74 TK cupholder PG05 TK Cupholder PC62 TK Large Bin Assembly TK cupholder PK74 TK cupholder PG05 TK Cupholder PC62 TK Large Bin Assembly TK cupholder PK74 TK cupholder PG05 TK Cupholder PC62 TK Large Bin Assembly TK cupholder PK74 TK cupholder PG05 TK Cupholder PC62 TK Large Bin Assembly TK cupholder PK74 TK cupholder PG05 TK Cupholder PC62 RK cupholder Black w/smoke TK Large Bin Assembly $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7.7390 7.7390 7.7390 4.8690 7.7390 7.7390 7.7390 4.8690 7.7390 7.7390 7.7390 4.8690 7.7390 7.7390 7.7390 4.8690 7.7390 7.7390 7.7390 7.8390 4.8690 Piece Price

5/10/2005

5/11/2005

5/14/2005

5/16/2005

St. Louis

5/9/2005 5/10/2005

5/11/2005 5/16/2005

32 64 32 32 32 64 64 64 48 16 128

U231 Assy Nav. Charcoal U231 Assy Radio Charcoal U231 Radio Granite U231 Assy Nav. Charcoal U231 Assy Radio Charcoal U231 Granite Navigator U231 Assy Radio Charcoal U231 Radio Granite U231 Granite Navigator U231 Assy Nav. Charcoal U231 Assy Radio Charcoal

$ $ $ $ $ $ $ $ $ $ $

26.4905 26.4905 26.4905 26.4905 26.4905 26.4905 26.4905 26.4905 26.4905 26.4905 26.4905

Total

$ 3,033.69 $ 3,792.11 $ 758.42 $ 4,985.86 $ 3,792.11 $ 2,275.27 $ 3,033.69 $ 4,985.86 $ 1,516.84 $ 3,033.69 $ 3,792.11 $ 4,985.86 $ 4,550.53 $ 5,308.95 $ 5,308.95 $ 9,971.71 $ 2,275.27 $ 3,792.11 $ 2,275.27 $ 768.22 $ 4,985.86 $ 79,222.37

$ 847.69 $ 1,695.39 $ 847.69 $ 847.69 $ 847.69 $ 1,695.39 $ 1,695.39 $ 1,695.39 $ 1,271.54 $ 423.85 $ 3,390.78 $ 15,258.50