IN RE CONSECO, INC., (Bankr.N.D.Ill. 2003)

In re: Conseco, Inc., et al.,[1] , Chapter 11, Debtors.

Case No. 02 B49672, (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 30, 2003

[1] The Debtors are the following entities: (i) Conseco, Inc., CIHC, Incorporated, CTIHC, Inc, Partners Health Group. Inc., (collectively the “Reorganizing Debtors”), (ii) Conseco Finance Corp. and Conseco Finance Servicing Corp (the “CFC Debtors” and together with the Reorganizing Debtors, the “initial Debtors”) and (iii) Conseco Finance Corp. — Alabama, Conseco Finance Credit Corp., Conseco Finance Consumer Discount Company, Conseco Finance Canada Holding Company, Conseco Finance Canada Company, Conseco Finance Loan Company, Rice Park Properties Corporation, Landmark Manufactured Housing, Inc., Conseco Finance Net Interest Margin Finance Corp. I, Conseco Finance Net Interest Margin Finance Corp. II, Green Tree Finance Corp. — Two, Conseco Agency of Nevada, Inc., Conseco Agency of New York, Inc, Green Tree Floorplan Funding Corp., Conseco Agency, Inc., Conseco Agency of Alabama. Inc., Conseco Agency of Kentucky, Inc., and Crum-Reed General Agency, Inc. (collectively, the “CFC Subsidiary Debtors”, together with the Initial Debtors, the “Debtors”).

ORDER AUTHORIZING THE DEBTORS TO AUTHORIZE THE SALE OF NON-DEBTOR SUBSIDIARY PROPERTY
CAROL A. DOYLE, United States Bankruptcy Judge

Upon the motion (the “Motion”)[2] of the debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors”) seeking entry of an order under section 363(b) of title 11 of the United States Code (as amended, the “Bankruptcy Code”) authorizing, but not requiring, CIHC to authorize the Proposed Sale; and it appearing that the Court has jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. § 157 and 1334; and it appearing that this matter is a core proceeding within the meaning of 28 U.S.C. § 157 (b)(2), and it appearing that venue of this proceeding and this Motion is properly in this district pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Motion having been given; and it appearing that the relief requested in the Motion is in the best interests of the Debtors and their estates and creditors; and after due deliberation and sufficient cause appearing therefore, it is hereby:

ORDERED that the Motion is granted; and it is further

ORDERED that CHIC is authorized, but not required, to approve the Proposed Sale; and it is further

ORDERED that the Debtors are authorized to take all actions necessary to effectuate this order; and it is further

ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order.

[2] Any term not defined herein shall have the meaning ascribed thereto in the Motion.