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

Citation Codes

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Docket Number

Case No. 02 B49672

Acts

Judiciary And Judicial Procedure — District Courts; Removal Of Cases From State Courts — Jurisdiction And Venue — Removal Of Claims Related To Bankruptcy Cases
Judiciary And Judicial Procedure — Bankruptcy Judges — Organization Of Courts — Procedures
Judiciary And Judicial Procedure — District Courts; Jurisdiction — Jurisdiction And Venue — Bankruptcy Cases And Proceedings
Judiciary And Judicial Procedure — District Courts; Venue — Jurisdiction And Venue — Venue Of Cases Under Title 11
Judiciary And Judicial Procedure — District Courts; Venue — Jurisdiction And Venue — Venue Of Proceedings Arising Under Title 11 Or Arising In Or Related To Cases Under Title 11

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In re: Conseco, Inc., et al., Chapter 11, Debtors.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. II. Green free 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").

BRIDGE ORDER PURSUANT TO FED. R. BANKR P. 9006(b) EXTENDING THE PERIOD WITHIN WHICH THE DEBTORS MAY REMOVE ACTIONS PURSUANT TO 28 U.S.C. § 1452 AND FED. R. BANKR. P. 9027

CAROL A. DOYLE, United States Bankruptcy Judge.

Upon the emergency motion (the "Motion") of the above-captioned debtors and debtors-in-possession (collectively, the "Debtors") for the entry of an order pursuant to Fed.R.Bankr. p. 9006(b) extending the period within which Debtors may remove actions pursuant to 28 U.S.C. § 1452 and F.R.Bankr.P. 9027; 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 Motion is proper in this District pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Motion having been given; and after due deliberation and it appearing that sufficient cause exists for granting the requested relief and that the relief requested wider the Motion is in the best interests of the Debtors' estates and creditors; and further,

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

The Debtors have, out of an abundance of caution because the Omnibus Hearing has been continued from March 17, 2003, until March 20, 2003, requested that to the extent any time periods provided by F.R.Bankr.P. 9027 expire on or before March 31, 2003, such time periods are enlarged and extended through and including March 31, 2003; it is hereby

ORDERED that, to the extent that any time periods provided by F.R.Bankr.P. 9027. within which the Debtors may remove any and all Actions, expire on or before March 31, 2003, such time periods are enlarged and extended through and including March 31, 2003; it is further

ORDERED that this Order shall be without prejudice to any position the Debtors may take regarding whether section 362 of the Bankruptcy Code applies to stay any Actions; and it is further

ORDERED that this Order shall be without prejudice to the right of the Debtors to seek further extensions of the time within which the Debtors may remove any and all Actions; and it is further

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

Notwithstanding the possible applicability of Fed.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.

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