IN RE NEW CENTURY HOLDINGS, INC.

Bankruptcy No. 07-10416 (KJC). Adversary No. 07-51598 (KJC).

387 B.R. 95 (2008)

In re NEW CENTURY HOLDINGS, INC., a Delaware Corporation, et al., Debtor. Gregory J. Schroeder, et al., Plaintiffs v. New Century Holdings, Inc., a Delaware Corporation, et al.; and Wells Fargo Bank N.A. a/k/a Wells Fargo Its, as trustee of the trust formed under the New Century Financial Corporation Supplemental Benefit and Deferred Compensation Trust Agreement; and Harold A. Black, Frederic J. Foster, Donald E. Lange, and Michael M. Sachs, in their capacity as the Compensation Committee of the Board of Directors of New Century Financial Corporation and therefore the Plan Administrator, and any successors thereto and any Committee (as defined in the Plan) appointed by the Plan Administrator; and The Official Committee of Unsecured Creditors, Defendants.

United States Bankruptcy Court, D. Delaware.

As Amended June 17, 2008.


Attorney(s) appearing for the Case

Joseph H. Huston, Jr., Stevens & Lee, P.C., Wilmington, DE, Michael A. Fagone, Robert J. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for Plaintiffs.

Christopher M. Samis, Mark D. Collins, Richards, Layton & Finger, P.A., Christopher A. Ward, Klehr Harrison Harvey Branzburg & Ellers, Wilmington, DE, Suzzanne Si Uhland, Ben H. Logan, Brian M. Metcalf, Victoria Newmark, Emily R. Culler, O'Melveny & Myers LLP, San Francisco, CA, for Defendants.

Harold A. Black, Frederic J. Foster, Donald E. Lange, and Michael M. Sachs, in their capacity as the Compensation Committee of the Board of Directors of New Century Financial Corporation and therefore, pro se.

The Official Committee of Unsecured Creditors, pro se.


MEMORANDUM1

KEVIN J. CAREY, Bankruptcy Judge.

Background

On June 20, 2007, Plaintiffs, Gregory J. Schroeder, et al.2 ("Plaintiffs"), commenced this adversary proceeding by filing a complaint ("Complaint") against New Century Holdings, Inc., et al.3 ("Debtors") and several other defendants including Wells...

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