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IN RE NEW CENTURY TRS HOLDINGS, INC.

Bank. No. 07-10416 (KJC). Civ. No. 08-546-SLR.

407 B.R. 576 (2009)

In re NEW CENTURY TRS HOLDINGS, INC., a Delaware corporation, et al., Debtors. Gregory J. Schroeder, et al., Appellants, v. New Century Liquidating Trust, et al., Appellees.

United States District Court, D. Delaware.

June 16, 2009.

Attorney(s) appearing for the Case

Joseph H. Huston, Jr., Esquire, and Maria Aprile Sawczuk, Esquire, of Stevens & Lee, P.C., Wilmington, DE, and Robert J. Keach, Esquire, and D. Sam Anderson, Esquire, of Bernstein, Shur, Sawyer & Nelson, P.A., of Portland, ME, for Appellants.

Bonnie Glantz Fatell, Esquire, and David W. Carickhoff, Esquire, of Blank Rome LLP, Wilmington, DE, and Mark T. Power, Esquire, Mark S. Indelicato, Esquire, Don D. Grubman, Esquire, and Joseph Orbach, Esquire, of Hahn & Hessen LLP, New York, NY, for Appellees.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

In April 2007, New Century TRS Holdings, Inc. ("TRS Holdings") and its affiliates (collectively, "debtors"1) filed chapter 11 bankruptcy petitions. In March 2008, debtors filed a liquidation plan. In July 2008, over objections raised by the Ad Hoc Committee of Beneficiaries of the New Century Financial Corporation...

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