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IN RE CONSECO, INC.

Bankruptcy No. 02 B 49672, Adversary No. 05 A 00842.

330 B.R. 673 (2005)

In re CONSECO, INC., et al., Debtors. Conseco, Inc., Plaintiff, v. William Schwartz and Rebeca R. Frankel, Trustee of the Robert M. Frankel Irrevocable Insurance Trust, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

September 9, 2005.

Attorney(s) appearing for the Case

Timothy D. Elliott, Roger J. Higgins, Anne Marrs Huber, Kevin Morris, James Sprayregen, Kirkland & Ellis, Micah Marcus, David P. Vallas, Chicago, IL, for Plaintiff.

Ira Bodenstein, Office of the U.S. Trustee, Chicago, IL, U.S. Trustee.

MEMORANDUM OPINION

CAROL A. DOYLE, Bankruptcy Judge.

This matter is before the court on New Conseco's motion to enforce the discharge injunction and a related injunction contained in Old Conseco's (the debtor) confirmed Plan of Reorganization and the confirmation order ("Plan Injunction"). The Plan Injunction enjoins all actions against Old Conseco's reorganized successor ("New Conseco") based on any act occurring before confirmation. The defendants...

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