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What's on the Agenda for the Hearings on November 6 and 16

Sunday, November 04 2007 @ 09:01 PM EST

There have been some last-minute changes so I thought it'd be good to update our agendas for the hearings on Tuesday, November 6 and November 16 so you will know when to show up for the hearing that interests you.

As you know, SCO's "Please Can We Sell All Our Assets -- and Novell's and IBM's Too! -- So They Can't Get A Dime and We Can Litigate Ever Onward" motion will have its own hearing on November 16, beginning at 4 PM, because both IBM and Novell objected. Technically, SCO calls it Emergency Motion of the Debtors for An Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale.

Remember the time change too. The hearing on November 6 now begins at 10 AM Eastern Time.

You can read the agenda in the PDF, but I've put the various motions into categories to make it a little easier. The links are all PDFs, but you can find links to articles about each document or text when we have them on Groklaw's Bankruptcy Timeline page, which Erwan is working to make even easier to navigate. He wrote a script so you can leap from the numbered document listed for each hearing straight to the document in the docket list and if you see a bracketed number referencing an earlier filing in the center column of text, like a response to a motion, you can click on the bracketed number and leap to the motion it refers to. I'm having fun playing with our new bankruptcy bouncing ball. More to come.

Here are the motions that will be heard on Tuesday, November 6:

SCO's Motion To Enforce The Automatic Stay.
Novell's Motion for Relief From Stay to Proceed With District Court Action to (I) Apportion Revenue From SCOSource Licenses and (II) Determine SCO's Authority to Enter Into SCOSource Licenses, Etc. There is an interesting notation on the schedule: "It is the Debtors' understanding that Novell intends to go forward with oral argument at the hearing, and if the Court believes necessary, to set a discovery schedule. If the Court believes that this matter requires evidence, then the Debtors propose that this hearing be deemed preliminary under Section 362(c) of the Bankruptcy Code, and a discovery schedule and final evidentiary hearing be set." Sigh.
Novell's Motion to Compel the Debtors to Remit Undisputed Future SVRX Royalties to Novell Upon Receipt.
Debtors' Application for Approval of Employment of Mesirow Financial Consulting LLC as Financial Advisor to which the US Trustee objects.
SUSE's Objection [Special Opposition to] SCO's Motion to "Enforce the Automatic Stay".
Application to Employ Boies, Schiller & Flexner LLP as special litigation counsel to which the US Trustee objects.

Motion of the Debtors Seeking Approval of the Retention, Employment and Compensation of Certain Professionals Utilized by the Debtors in the Ordinary Course of Business opposed by Petrofsky. There is this note: "The Debtors and the Office of the United States Trustee ("UST") are attempting to resolve the UST's informal response to this Motion. If a resolution can be reached with the UST, this matter will go forward at the hearing. If the Debtors cannot reach a resolution with the UST, this matter will be continued to the hearing scheduled on November 16, 2007 at 4:00 p.m. prevailing Easter[n] time."

Motion to File Under Seal Exhibits to Affidavit of Felix Imendoerffer - this is unopposed, but it relates to SUSE's special opposition, so it's a matter that, as the agenda puts it, "goes forward".

Here are the motions that are continued and will be heard another day:

Debtors' Motion for Authority to (I) Maintain Existing Bank Accounts, (II) Continue to Use Existing Business Forms, (III) Continue to Use Existing Cash Management System, and (IV) to Excuse Section 345(b) Deposit and Investment Requirements - the court signed an order including an interim Section 345 waiver, and the US Trustee and SCO agreed to continue the hearing on final approval of the Section 345 waiver requested in the motion to the hearing on Dec. 5th.

Motion of the Debtors for an Order Providing that Creditor's Committees are not Authorized or Required to Provide Access to Confidential Information of the Debtors or to Privileged Information. - there is no committee so far, so this is indefinitely postponed.

A couple of uncontested matters were partially resolved or almost resolved, so they may or may not need a hearing and a revised order will be offered at the hearing on November 6, but if they do need a hearing, it won't be on November 6:

Application to Employ Dorsey & Whitney, LLP as Special Counsel to the Debtors. There's a note that indicates that the US Trustee has issues: "The Debtors, Dorsey & Whitney, LLP, and the Office of the United States Trustee ("UST") are attempting to resolve the UST's informal response to this Application. If a resolution can be reached, the Debtors will present a revised proposed form of order at the hearing, or if after the hearing, under certification of counsel. To the extent that a resolution cannot be reached, the parties request that this matter be continued to the hearing scheduled on December 5, 2007 at 10:00 a. m. prevailing Eastern time.

Debtors' Motion for Approval of Employment of CFO Solutions to Furnish Chief Financial Officer to the Debtors. Again, there is a note indicating the US Trustee has some issues: "The Debtors and the Office of the United States Trustee ("UST") are attempting to resolve the UST's informal response to this Motion. If a resolution can be reached, the Debtors will present a revised proposed form of order at the hearing, or if after the hearing, under certification of counsel. To the extent that a resolution cannot be reached, the parties request that this matter be continued to the hearing scheduled on November 16, 2007 at 4:00 p.m. prevailing Eastern time.

So that's the schedule and the agenda for the two hearings as of this moment. All of this could change still. Bankruptcy Court is a blast. So call first.

What's on the Agenda for the Hearings on November 6 and 16 | 221 comments | Create New Account

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IBM's Objection to SCO's Proposed Assets Sale

Authored by: Anonymous on Sunday, November 04 2007 @ 09:15 PM EST

I know, responding to last entry. I had a thought. What about BSD code in
SCO's Unix offerings? I know some evidence was found that suggested there was
some BSD code there that was missing some copyright notices. I am curious if an
entity could represent, I guess Berkley, and at least make SCO include proper
notices before selling these "assets".