Mine is close to the pan, but doesnt touch it. I have Kirbans xover on my car. If you can, loosen up either side where it bolts to the headers and tap it a little to give it some clearance. It will be close, but it shouldnt touch.
I know Poston's makes a good pipe, and Im pretty happy with the one I got from Kirbans awhile back.
Do you have poly motor mounts on your car? If so I have heard that they raise the motor up a little, and that might be causing your problem.