39611417 Hearing Oct 20 2010 New Century Mortgage Home123 Corp Bankruptcy

8/3/2019 39611417 Hearing Oct 20 2010 New Century Mortgage Home123 Corp Bankruptcy

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File a Notice:

07-10416-KJC New Century TRS Holdings, Inc.

U.S. Bankruptcy Court

District of Delaware

Notice of Electronic Filing

The following transaction was received from David W. Carickhoff entered on 10/18/2010 at 11:59 AM EDT and filed on 10/18/2010

Docket Text: Notice of Agenda of Matters Scheduled for Hearing Filed by New Century Liquidating Trust. Hearing scheduled for 10/20/2010 at 01:00 PM at US Bankruptcy Court, 824Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Carickhoff, David)

The following document(s) are associated with this transaction:

07-10416-KJC Notice will be electronically mailed to:

Kenneth E. Aaron on behalf of Creditor National City Commercial Capital Company, [email protected], [email protected]

David G. Aelvoet on behalf of Creditor Bexar [email protected]

Justin R. Alberto on behalf of Defendant United Healthcare Insurance [email protected], [email protected],[email protected];[email protected],[email protected]

Elihu Ezekiel Allinson, III on behalf of Creditor Town Park Renaissance, LLC

[email protected], [email protected];[email protected];[email protected]

Heather Lynn Anderson on behalf of Creditor New Jersey Division of [email protected]

Daniel K. Astin on behalf of Attorney Fox Rothschild LLP

Type: bk Chapter: 11 v Office: 1 (Delaware)

Assets: y Judge: KJC

Case Flag: APPEAL, MEGA, LEAD, CLMSAGNT, Sealed Doc(s), CONFIRMED

Case Name: New Century TRS Holdings, Inc.

Case Number: 07-10416-KJC

Document Number:10251

Document description:Main DocumentOriginal filename:C:\fakepath\NC AGENDA - OMNIBUS 40191216_1.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=983460418 [Date=10/18/2010] [FileNumber=8939886-0] [2ea5e98f0605a6c7fe667cee40dd134b6dbdcb8e1e6f1088c023c08005840316224

3a7d936b0fd62beffe185e95c48d731b0e441b8f13095e3f2088e99e42874]]

Page 1 of 27Internal CM/ECF Live Database



Daniel K. Astin on behalf of Attorney Fox Rothschild LLP

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re:

NEW CENTURY TRS HOLDINGS, INC., et al., 1

Debtors.

:

::

:

::

:

Chapter 11

Case No. 07-10416 (KJC)

(Jointly Administered)

NOTICE OF AGENDA OF MATTERS SCHEDULED

FOR HEARING ON OCTOBER 20, 2010 AT 1:00 P.M.

(Any party who wishes to appear telephonically must contact CourtCall, LLC by telephone (866-582-6878) or

facsimile (866-533-2946) no later than 12:00 p.m. ET one business day prior to the hearing. Any party whose

matter is scheduled for a status conference does not need to appear live and may attend telephonically.)

I. CONTINUED MATTERS:

1. Debtors’ Eighth Omnibus Objection to Claims: Substantive Objection Pursuant to

11 U.S.C. Sections 502 and 507, Bankruptcy Rules 3007 and 9014, and LocalRule 3007-1 to Certain Books and Records Claims [D.I. 4261; filed 12/28/07]

Objection deadline: January 30, 2008

Objections/Responses Received:

A R t D bt ’ Ei hth O ib Obj ti t Cl i (fil d b



C. Response to Debtors’ Eighth Omnibus Objection to Claims (filed by the

State of Washington Department of Revenue) [D.I. 4500; filed 1/17/08]

D. Response to Debtors’ Eighth Omnibus Objection to Claims (filed by NewYork State Department of Taxation and Finance) [D.I. 4529; filed 1/18/08]

E. The Debtors received an informal response from City of New York

Department of Finance.

F. The Debtors received an informal response from the State of Rhode

Island.

G. The Debtors received a consolidated informal response received from

various taxing authorities (Blanco CAD, et al.).

Related Documents:

i. Notice of Submission of Copies of Proofs of Claims for Debtors’ Eighth

Omnibus Objection to Claims: Substantive Objection Pursuant to 11U.S.C. Section 502 and 507, Bankruptcy Rules 3007 and 9014, and LocalRule 3007-1 to Certain Books and Records Claims Re: Docket No. 4261

[D.I. 4548; filed 1/23/08]

ii. Withdrawal of Michigan Department of Treasury’s Response to the

Debtors’ Eighth Omnibus Objection [D.I. 4796; filed 2/1/08]

iii.

Order Pursuant to 11 U.S.C. Sections 502 and 507, Bankruptcy Rules3007 and 9014, and Local Rule 3007-1 (A) Disallowing and ExpungingCertain Books and Records Claims and (B) Reducing and/or Reclassifying

Certain Books and Records Claims Set Forth in Debtors’ Eighth Omnibus



viii. Order Approving Stipulation by and between New Century Liquidating

Trust and Pennsylvania Department of Revenue Regarding the Settlement

of Claims [D.I. 10094; filed 4/30/10]

Status: The objection is continued to November 24, 2010 at 11:00 a.m. with

respect to the claims that have not yet been adjudicated or resolved. See

attached Exhibit 1.

2. Debtors’ Non-Substantive Objection Pursuant to 11 U.S.C. Section 502, Fed. R.

Bankr. P. 3007 and 9014 and Del. Bankr. L.R. 3007-1 to Claim of Internal

Revenue Service for Which Insufficient Documentation is Attached to the FiledProof of Claim [D.I. 5025; filed 2/22/08]

Objection Deadline: March 18, 2008


A. Internal Revenue Service’s Responses to Debtors’ Non-Substantive

Objection Pursuant to 11 U.S.C. Section 502, Fed. R. Bankr. P. 3007 and9014 and Del. Bankr. L.R. 3007-1 to Claim of Internal Revenue Service

for Which Insufficient Documentation is Attached to the Filed Proof of Claim [D.I. 5391; filed 3/18/08]

Related Documents: None to date.

Status: The objection is continued to November 24, 2010 at 11:00 a.m.

3. Debtors’ Eighteenth Omnibus Objection: Substantive Objection Pursuant to 11

U.S.C. Sections 502, 503, 506 and 507, Bankruptcy Rules 3007 and 9014, andLocal Rule 3007-1 to Certain (A) Books and Records Claims; (B) Insufficient



Reclassified Claims Re: Claim No. 3537 of Natixis Real Estate Capital,

Inc. [D.I. 6400; filed 4/22/08]

iii. Scheduling Order Regarding Objections to Claims of Pierre R. Augustin[D.I. 8905; filed 9/5/08]

iv. Order Regarding Discovery In Connection With Objections To Claims of

Pierre R. Augustin [D.I. 9176; filed 11/20/08]

v. Order Disallowing And Expunging Duplicate Claim Set Forth In The

Debtors' Fifteenth Omnibus Objection To Claims And ReclassifyingRemaining Claim [D.I. 9323; filed 1/29/09]

vi. Order Regarding Claim of Pierre R. Augustin And Issuance of Third Party

Subpoenas [D.I. 9365; filed 3/6/09]

vii. Order Disallowing And Expunging Duplicate Claim Set Forth In TheDebtors Fifteenth Omnibus Objection To Claims And Reclassifying

Remaining Claim [D.I. 9367; filed 3/6/09]

viii. Order (AMENDED) Reclassifying Claim of Patrick J. Moloney Set Forth

In The Debtors Eighteenth Omnibus Objection To Claims [D.I. 9379; filed

3/12/09]

ix. Memorandum Order Granting Motion to Dismiss [Re: Pierre R. Augustin](U.S. District Court BAP-09-69) [D.I. 10150; filed 7/20/09]

Status: The omnibus claim objection is continued to November 24, 2010 at 11:00a.m. with respect to the claims that have not yet been adjudicated or

resolved. See attached Exhibit 1. A trial date has been set for October 20,



ii. Notice of Limited Withdrawal of Debtors' Twenty-Second Omnibus

Objection (Substantive) [D.I. 9665; filed 5/28/09]

Status: The objection is continued to November 24, 2010 at 11:00 a.m. withrespect to the claims that have not yet been adjudicated or resolved. See

attached Exhibit 1.

5. Motion of New Century Liquidating Trust Estimating and Allowing as Estimated

for Distribution Purposes Certain EPD/Breach Claims [D.I. 9355; filed 3/3/09]

Objection deadline: March 16, 2009


A. Objection of Washington Mutual Mortgage Securities Corporation andWM Specialty Mortgage LLC to Motion of New Century Liquidating

Trust Estimating and Allowing as Estimated for Distribution Purposes

Certain EPD/Breach Claims [D.I. 9649; filed 5/20/09]

Related Documents:

i. Order Granting the New Century Liquidating Trust's Motion Estimating

and Allowing as Estimated for Distribution Purposes Certain EPD/Breach

Claims [D.I. 9479; filed 3/27/09]

ii. Order Granting the New Century Liquidating Trust's Motion Estimating

and Allowing as Estimated for Distribution Purposes Certain EPD/BreachClaims [D.I. 9662; filed 5/27/09]

iii. Order (CORRECTIVE) Granting the New Century Liquidating Trust's



Products Inc., and Morgan Stanley Mortgage Capital Holdings LLC fka

Morgan Stanley Mortgage Capital Inc. will be continued to the next

omnibus hearing on November 24, 2010 at 11:00 a.m. The partiescontinue to negotiate stipulations and anticipate resolving all matters by

settlement.

6. The New Century Liquidating Trust’s (I) Objection to the Administrative Claims

of William J. Popejoy Pursuant 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3001,3007 and Local Rule 3007-1 [Substantive] and (II) Motion to Estimate the

Contingent Portion of the Claim at Zero Pursuant to 11 U.S.C. § 502(c) [D.I.

9393; filed 3/18/09]

Objection deadline: April 24, 2009

Objections/Responses Received: None to date

Related Documents: None to date

Status: The hearing on this matter will be continued to the next omnibus hearingon November 24, 2010 at 11:00 a.m.

7. The New Century Liquidating Trust and Reorganized New Century Warehouse

Corporation v. Robert K. Cole, Brad A. Morrice, Edward F. Gotschall, John Doe,

Jane Doe, Marilyn A. Alexander, Harold A. Black, Fredric J. Forster, Donald E.

Lange, William J. Popejoy, Michael M. Sachs, Richard A. Zona, David Einhorn,

Patrick Flanagan, Kevin M. Cloyd, Patti M. Dodge, Joseph F. Eckroth, Jr.,

Stergios Theologides, EG Enterprises, Pacific Financial Services, Inc., ZonaFinancial, LLC., Greenlight Capital, Inc., F&A Forster Family Revocable Trust

(Adv. Pro. No. 09-50882)



vi. Notice of Voluntary Dismissal as to Defendants Greenlight Capital, Inc.,

F&A Forster Family Revocable Trust, Pacific Financial Services, Inc. and

Zona Financial, LLC [Adv. D.I. 17, filed 7/21/09]

vii. Order Granting Stipulation Extending Time To Respond to The Complaint

[Adv. D.I. 32, filed 12/2/09]

viii. Order Extending Time to Answer Complaint to and Including 3/25/10 and

all parties will appear telephonically or in person on 3/24/10 [Adv. D.I. 36,

filed 1/28/10]

ix. Order Setting Forth the Terms Outlined by the Court at the PretrialConference [Adv. D.I. 47, filed 4/1/10]

Status: This matter will be adjourned until the hearing on November 24, 2010 at11:00 a.m.

III. MATTERS UNDER ADVISEMENT

8. New Century Liquidating Trust’s Objection To The Administrative Claim Of Creditor Cedric Muhammad Pursuant To 11 U.S.C. § 502 (b) And Fed. R. Bankr.

P. 3001, 3007 And Local Rule 3007-1 [Substantive] [Filed 9/30/08; Docket No.

9028]

Related Documents:

i. Order Granting Request of Claimant Cedric Muhammad ForReconsideration of The November 20, 2008 Order Expunging His Claim

[D.I. 9322; filed 1/29/09]



Status: Both parties have filed their findings of fact & conclusions of law.

Accordingly, this matter is ripe for decision. Under the scheduling order,

the court may schedule a status hearing.

9. Motion to Reconsider Order Disallowing and Expunging Certain (A) Amendedand Superseded Claims; (B) Late Filed Claims; and (C) No Supporting

Documentation Claims Set Forth in Debtors' Twenty-First Omnibus Objection to

Claims [D.I. 9229; filed 12/10/08]

Objection deadline: January 13, 2009


A. Objection of the New Century Liquidating Trust and Reorganized New

Century Warehouse Corporation to the Request by Alfonso and JanetLongo to Reconsider the Order Disallowing and Expunging Certain (A)

Amended and Superseded Claims; (B) Late Filed Claims; (C) No

Supporting Documentation Claims Set Forth in Debtors' Twenty-First

Omnibus Objection to Claims [D.I. 9287; filed 1/13/09]

Related Documents:

i. Debtors’ Twenty-First Omnibus Objection to Claims: Non-Substantive

Objection Pursuant to 11 U.S.C. §§ 502, 503, 506 and 507, Fed. R. Bankr.P. 3007 and 9014, and Del. Bankr. L.R. 3007-1 to Certain (A) Amended

And Superseded Claims; (B) Late Filed claims; and (C) No Supporting

Documentation Claims [D.I. 7017; filed 5/14/08]

ii. Order Disallowing and Expunging Certain (A) Amended and Superseded

Claims; (B) Late Filed Claims; and (C) No Supporting Documentation



viii. Preliminary Statement Regarding Scheduling Order Regarding

Submissions of Findings of Fact and Conclusions of Law Regarding

Claimants Alfonso and Janet Longo [D.I. 10049; Filed 3/11/10]

ix. Notice of Completion of Briefing Regarding Alfonso and Janet Longos'

Motion to Reconsider Order Disallowing and Expunging Certain (A)

Amended and Superseded Claims; (B) Late Filed Claims; (C) NoSupporting Documentation Claims Set Forth in Debtors' Twenty-First

Omnibus Objection to Claims [D.I. 10066; Filed 4/7/10]

Status: A Notice of Completion of Briefing has been filed. Accordingly, thismatter is ripe for decision.

10. Anita B. Carr v. New Century TRS Holdings, Inc. (Adv. Pro. No. 09-52251):

Motion to Dismiss Adversary Proceeding to FRCP 12(b)(6) [Adv. D.I. 2, filed

11/10/09]

Related Documents:

A. Memorandum of Law in Support of the New Century Liquidating Trust's

Motion to Dismiss Adversary Proceeding Complaint Pursuant to FRCP

12(b)(6) [Adv. D.I. 3, filed 11/10/09]

B. Declaration in Support of the Motion of New Century Liquidating Trust toDismiss Adversary Proceeding Complaint Pursuant to FRCP 12(b)(6)

[Adv. D.I. 4, filed 11/10/09]

C. Plaintiff’s Objection to Defendant's Motion to Dismiss [Adv. D.I. 7, filed

11/20/09]



J. Plaintiff’s Notice of Motion Re: Adv. D.I. 2 [Adv. D.I. 16, filed 12/15/09]

K.

Plaintiff’s Notice of Motion Re: Adv. D.I. 15 [Adv. D.I. 18, filed12/16/09]

L. Notice of Completion of Briefing Re: Adv. D.I. 2 [Adv. D.I. 20, filed12/21/09]

M. Amended Notice of Completion of Briefing Re: Adv. D.I. 2 [Adv. D.I. 23,filed 12/24/09]

N. Letter to The Honorable Kevin J. Carey, dated January 12, 2010 Re: Anita

B. Carr [Main Case No. 07-10416; D.I. 10003, filed 1/12/10]

O. Order Granting Motion of Anita B. Carr to Consider Proof of Claim

Timely Filed [D.I. 10017, Filed 1/20/10]

P. Order Granting in part, Denying in part Motion To Allow [Adv. D.I. 34;

Filed 4/6/10]

Q. Certification of Counsel Regarding Order Staying Adversary Proceeding

and Setting Certain Dates [Main Case D.I. No. 10221; Adv. D.I. 44; Filed9/9/10]

R. Order Staying Adversary Proceeding and Setting Certain Dates [Main

Case D.I. No. 10222; Adv. D.I. 45; Filed 9/10/10]

S. The New Century Liquidating Trust’s Objection to the Claim of ClaimantAnita B. Carr Pursuant to 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3001,

3007 and Local Rule 3007-1 [Substantive] [D.I. 10223; filed 9/10/10]



V. CONTESTED MATTERS:

12. The New Century Liquidating Trust’s Thirty-Third Omnibus Objection to Claims

Pursuant to 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3001, 3007 and Local Rule

3007-1 [Substantive] [D.I. 10184; filed 8/13/10]

Objection deadline: September 8, 2010 (extended to September 29, 2010 as to

Federal Express Corp. and HSBC

Securities only)


A. Third Party Creditor Huntington Quadrangle 2, LLC, Response to the NewCentury Liquidating Trust’s Thirty-Third Omnibus Objection to Claims

Pursuant to 11 USC § 502(b) and Fed. R. Bankr. P. 3001, 3007 and Local

Rule 3007-1 [Substantive] [D.I. 10203; filed 8/27/10]

B. Opposition of Creditor Alameda County Treasurer-Tax Collector toDebtors' Thirty-Third Omnibus Objection to Claims Pursuant to 11 U.S.C.

Section 502(b) and Fed.R.Bankr.P. 3001, 3007, and Local Rule 3007-1

[Substantive] With Respect to Claim No. 3449 [D.I. 10211; filed 9/3/10]

C. Declaration of Jack Wong in Support of Opposition of Creditor Alameda

County Treasurer-Tax Collector to Debtors' Thirty-Third Omnibus

Objection to Claims With Respect to Claim No. 3449 [D.I. 10212; filed9/3/10]

D. Response of the New York State Department Of Taxation and Finance in



ii. Notice of Withdrawal Without Prejudice [Re: SunGard Availability

Services, LC] [D.I. 10220; filed 9/8/10]

iii. Notice of Withdrawal of Response of Ohio Bureau of Workers’Compensation to the New Century Liquidating Trust’s Thirty-Third

Omnibus Objection to Claims (Substantive) [D.I. 10227; filed 9/15/10]

iv. Order Granting the New Century Liquidating Trust's Thirty-Third

Omnibus Objection to Claims (Substantive) [D.I. 10235; filed 9/21/10]

Status: The Trust intends to submit a consensual order resolving the objection tothe Lehman Bros. claim. The objection as it relates to the remainingunresolved/unadjudicated claims is continued to the omnibus hearing on

November 24, 2010 at 11:00 a.m. See Exhibit A attached hereto.

VI. STATUS CONFERENCES GOING FORWARD:

13. Motion of W. Mark Frazer and Konilynn Frazer, Pro Se to Allow Late Filing of Proof of Claim [D.I. 10107; filed 5/18/10]

Objection deadline: June 14, 2010


A. Objection of The New Century Liquidating Trust to the Motion of W.

Mark Frazer and Konilynn Frazer, Pro Se, to Allow Late Filing of Proof of Claim [D.I. 10124; filed 6/17/10]

Status: To the extent necessary, a status conference will go forward on November



Objection deadline: September 8, 2010




A.

Claimant’s Reply to the New Century Liquidating Trust's Objection to theClaims of Ralph N. White and Molly S. White Pursuant to 11 U.S.C. §502(b) and Fed. R. Bankr. P. 3001, 3007 and Local Rule 3007-1 [D.I.

10216; filed 9/8/10]

Related Documents:

i. Notice of Submission of Claims [D.I. 10210; filed 9/2/10]

ii. Request to Produce Documents [Filed by Molly S. White and Ralph N.White] [D.I. 10238; filed 9/30/10]

iii. Interrogatories [Filed by Molly S. White and Ralph N. White] [D.I. 10239;filed 9/30/10]

iv. Request for Admissions[Filed by Molly S. White and Ralph N. White]

[D.I. 10241; filed 9/30/10]



Status: To the extent necessary, a status conference will go forward on November

24, 2010 at 11:00 a.m.

Dated: October 18, 2010 BLANK ROME LLP

/s/ David W. Carickhoff

Bonnie Glantz Fatell (DE No. 3809)

David W. Carickhoff (DE No. 3715)

1201 Market Street, Suite 800Wilmington, Delaware 19801

(302) 425-6400 - Telephone

(302) 425-6464 - Facsimile

- and -

HAHN & HESSEN LLP

488 Madison Avenue, 15th

FloorNew York, New York 10022

(212) 478-7200 - Telephone

(212) 478-7400 - Facsimile

Attn: Mark S. IndelicatoJanine Cerbone

Co-Counsel to the New Century Liquidating

Trust and Reorganized New Century

Warehouse Corporation



Exhibit 1

Claims Chart



130566.01600/40191216v.1

Status of Proofs of Claim for Debtors' Eighth Omnibus Objection (Substantive) to Certain Books and Records Claims

Claim Number Claimant Status

265 New York State Department of Taxation and Finance

Response filed 1/18/08; D.I. 4529.The hearing on the objection as it

relates to this claim is being

continued to the omnibus hearing

scheduled for November 24, 2010.

3312 Pennsylvania Department of

Revenue

Response filed 1/10/08; D.I. 4362.

The hearing on the objection as it

relates to this claim is being

continued to the omnibus hearing

scheduled for November 24, 2010.



130566.01600/40191216v.1

Status of Proofs of Claim for Debtors' Eighteenth Omnibus Objection (Substantive) to Certain Claims


3759 Pierre R. Augustin Responses filed 1/2/08 and 1/9/08;D.I. Nos. 4313 and 4382.

Discovery has concluded. The

District Court has just dismissed

the second of two appeals

concerning this Court’s discovery

orders. A trial date has been set for

October 20, 2010 at 10:00 a.m.

3129 Washington Mutual Bank The Debtors have received an

informal response. The hearing on

the objection as it relates to thisclaim is being continued to the

omnibus hearing scheduled for

November 24, 2010.



130566.01600/40191216v.1

Status of Proofs of Claim for Debtors' Twenty-Second Omnibus Objection (Substantive) to Certain Claims


3855 Nevada Department of Taxation

Response filed 8/5/08; D.I. 8708. Thehearing on the objection as it relates to

this claim is being continued to the

omnibus hearing scheduled for November

24, 2010.

3793 State of New Jersey Response filed 8/8/08; D.I. 8713. The

hearing on the objection as it relates to



24, 2010.

3466 State of New Jersey Response filed 8/8/08; D.I. 8713. The

hearing on the objection as it relates to



24, 2010.



130566.01600/40191216v.1

Status of Proofs of Claim for Trust’s Thirty Third Omnibus Objection (Substantive) to Certain Claims


2381 Lehman Brothers Informal response received. The Trustintends to hand-up a consensual order

resolving the objection at the hearing.

470 Nebraska Dept. of Revenue Informal response received. The parties

are in settlement discussions. The hearing

on the objection as it relates to this claim is

adjourned to November 24, 2010 at 11:00

a.m.

1869 Huntington Quadrangle 2 LLC Formal response filed. The parties are in

settlement discussions. The hearing on theobjection as it relates to this claim is


a.m.

3740 Glorious Sun Robert Martin LLC Formal response filed. The hearing on the

objection as it relates to this claim is


a.m.

456, 1968, 1988,

3702

Federal Express Informal response received. The parties




a.m.

3449 Alameda County Formal response filed. The parties are in

settlement discussions. The hearing on the





130566.01600/40191216v.1

a.m.

1826 LandAmerica Informal response received. The parties



adjourned to November 24, 2010 at 11:00a.m.

3241 City of Chicago Informal response received. The parties




a.m.

2044 HSBC Securities Informal response received. The parties


on the objection as it relates to this claim isadjourned to November 24, 2010 at 11:00

a.m.

2370 & 2373 Bear Stearns & Co., as Representative for

Itself and Underwriters

Informal response received. The parties




a.m.

3882 Round Rock ISD Formal response filed. The parties are in

settlement discussions. The hearing on theobjection as it relates to this claim is


a.m.

1318 & 1890 City of New York Dept. of Finance Formal response filed. The parties are in

settlement discussions. The hearing on the





130566.01600/40191216v.1

a.m.