Date: October 2, 2006

Tomisue Hilbert's attorney, Linda Pence, Sommer Barnard PC, stated:

Tomisue Hilbert does not owe Conseco a dime. She is not a debtor of Conseco. She was never a borrower or participant in any Conseco D & O loan program operated by the now defunct Conseco. She is not a debtor of the newly formed Conseco corporation that emerged from bankruptcy. Conseco has no direct claim against Mrs. Hilbert. The sole reason that Mrs. Hilbert is a defendant in this lawsuit is because New Conseco has wrongfully alleged that she was the recipient of fraudulent transfers from her husband. Inherent in Conseco's claims against Mrs. Hilbert is that a wife brings no value to the marriage and is not entitled to any property of the marital estate. This is, of course, not true and contrary to law and the society we live in today.

Frustrated by its lack of claims against Mrs. Hilbert, Conseco has taken every opportunity to embarrass, humiliate and harass Mrs. Hilbert and devalue her investments and property rights. They have even employed private investigators to follow Mrs. Hilbert and her children and have contacted friends and neighbors asking questions which wrongly implicate her in fraudulent activity. Nothing could be further from the truth.

Mrs. Hilbert vigorously disputes any allegation that she has any liability to Conseco related to the Conseco D&O Loan Program or as a result of transfers of property between her and her husband. All transfers of property from Mr. Hilbert to Mrs. Hilbert were either made at a time when Mr. Hilbert was solvent, were made in exchange for property to Mr. Hilbert that had equal value, or were exchanges made at the behest of Conseco itself so it could obtain a first mortgage on the Hilbert's residence. For the past several weeks, we have been preparing Motions for Summary Judgment on behalf of Mrs. Hilbert which will be filed today, October 2, 2006. We are confident these motions will fundamentally change the face of this litigation. We look forward to a favorable resolution of Conseco's baseless allegations against Mrs. Hilbert upon presentation of the facts and law to the Hamilton Circuit Court.

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