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

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

Case No. 02B49672United States Bankruptcy Court, N.D. Illinois, Eastern Division
March 10, 2003

[1] The Debtors are the following entities: (i) Conseco, Inc., CIHC, Incorporated, CTIHC, Inc., Partners Health Group. Inc., Conseco Finance Corp. and Conseco Finance Servicing Corp. (collectively, the “initial Debtors”) and (ii) 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. H, 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”).

ORDER AUTHORIZING THE DEBTORS TO CONDUCT A RULE 2004 EXAMINATION OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND REQUIRING FANNIE MAE TO PRODUCE DOCUMENTS AND PRESENT WITNESSES FOR DEPOSITION
BRUCE BLACK, United States Bankruptcy Judge.

Upon the emergency motion (the “Motion”)[2] of the above-captioned debtors and debtors-in-possession (collectively, the “Debtors”) for the entry of an order authorizing the Debtors to conduct a Rule 2004 examination of the Federal National Mortgage Association (“Fannie Mae”) and requiring Fannie Mae to (a) comply on or before the close of business on March 11, 2003, with a subpoena, dated March 9, 2003, for the production of all documents (i) relating to communications between Fannie Mae and Berkadia L.L.C. (“Berkadia”) concerning the sale of substantially all of the assets of the CFC Debtors (the “CFC Assets”), including but not limited to, communications to or from Warren Buffett and (ii) reflecting or referring to counsel to Fannie Mae the announcement by Peter Partee, counsel to Fannie Mae, in open court on March 7, 2003, regarding Berkadia’s attempt to purchase the CFC Assets (the “Document Production Subpoena”), and (h) to comply with a subpoena under Rule 30(b)(6) to furnish certain witnesses for disposition (the “Witness Subpoena,” together with the “Document Production Subpoena,” the “subpoenas”); and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. § 157
(b)(2); and it appearing that venue of this proceeding and this Emergency Motion is proper in this District pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Emergency Motion having been given; and after due deliberation and it appearing that sufficient cause exists for granting the requested relief under the terms and conditions and the relief requested under the Emergency Motion is in the best interests of the Debtors’ estates and creditors; it is hereby

ORDERED that the Debtors are authorized to conduct an examination of the Federal National Mortgage Association pursuant to F.R.Bankr.P. 2004; set forth herein and it is further

ORDERED that the Federal National Mortgage Association shall comply with the Document Production Subpoena relating to the CFC Debtors and the MH serving fee and furnish to the CFC Debtors all documents requested therein no later than 5:00 p.m., March 11, 2003; and it is further

ORDERED that the Federal National Association shall comply with the Witness Subpoena and make a rule 30(b)(6) Witnesses available to the CFC Debtors for deposition at 9:00 a.m. March 12, 2003, at the offices in the Washington D.C. area and it is further

ORDERED that the Debtors are authorized to reimburse Fannie Mae for its reasonable documented expenses incurred in connection with the witness subpoena and it is further

ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from or relating to this Order; and it is further

ORDERED that, notwithstanding the possible applicability of F.R.Bankr.P. 6004(g), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.

[2] All capitalized terms not defined herein shall be as defined in the Motion.