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| Agenda for Friday's Hearing, 2 Orders & an Appearance by York - UPDATED: Transcript and Time Change |
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Wednesday, November 14 2007 @ 01:02 PM EST
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There are a few new filings: first, the agenda for Friday's hearing [PDF] has been posted. Update: There has been a change in the agenda [PDF]. NOTE: The hearing starts at 2 PM on Friday.
Scott McNutt has filed a Notice of Appearance [PDF] on behalf of York Capital Management. So they are in. Just in time for Friday's hearing. After reading the US Trustee's objection to the asset sale as proposed, I'd say they have some 'splainin' to do. And there is also a refinement of my understanding about Novell's motion to get SCO to pay undisputed future royalties. It turns out, reading the Order [PDF] just posted, that what Judge Kevin Gross did was deny Novell's motion *without prejudice* to renew at any time. So, because SCO was not yet in arrears, he denied that motion, but if they go in to arrears down the road, the motion comes to life if Novell wishes to renew. That doesn't solve the real question in my mind as to how fast they have to pay, which the Order doesn't even mention, but we'll get the answer to that mystery when the transcript of the hearing is made available. Update 2: And here it is, the transcript [PDF]. And finally we have the Order [PDF] staying the Swiss arbitration. So, what's on the schedule for Friday's hearing?
What's on for Friday for certain?:
1. The application to hire the CFO from the temp agency. The US Trustee opposes.
2. SCO's "emergency" motion to sell its assets. Opposed by Novell, IBM and the US Trustee.
What's not?
There are two matters that are in discussions, and if the US Trustee's issues can be addressed and resolved informally, then revised orders will be drawn up and that will be that. If not, they get added to the agenda for the hearing scheduled for December 5. Here are the two:
1. First, SCO's application to hire Dorsey & Whitney is in limbo. There is at least one issue the US Trustee has brought up informally, and they are trying to work it out. If they succeed, a new order will be drawn up. If they don't work it out, it will be added to the agenda for the hearing on December 5.
2. The application to hire Boies Schiller. The US Trustee formally objected. They are trying to work this one out too, and if not it gets bumped to December 5th also.
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| Authored by: ThrPilgrim on Wednesday, November 14 2007 @ 01:18 PM EST |
| Please use this thread for posting corrections [ Reply to This | # ]
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| Authored by: red floyd on Wednesday, November 14 2007 @ 01:20 PM EST |
Please state the nature of the Newspick in the title
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I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.
[ Reply to This | # ]
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| Authored by: ThrPilgrim on Wednesday, November 14 2007 @ 01:21 PM EST |
| Please use links where appropriate [ Reply to This | # ]
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- OT: Arbitration - Authored by: Peter H. Salus on Wednesday, November 14 2007 @ 01:26 PM EST
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- SCO bankruptcy docket: #207, official hearing transcript - Authored by: Anonymous on Wednesday, November 14 2007 @ 03:31 PM EST
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| Authored by: rsi on Wednesday, November 14 2007 @ 01:26 PM EST |
on the trial that was scheduled to be held in Utah the Monday after the
Bankruptcy Filing?[ Reply to This | # ]
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| Authored by: ThrPilgrim on Wednesday, November 14 2007 @ 01:28 PM EST |
How are York allowed to be added to the list of interested parties?
They are not a creditor.
They currently have no contractual relationship with SCO, at least not until the
BK Judge says that the deal between SCO and York can proceed.
They seam to have as much official contact with SCO as I would if I announced I
wanted to buy an SCOrce License.[ Reply to This | # ]
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| Authored by: Jamis on Wednesday, November 14 2007 @ 01:48 PM EST |
It appears that the activities of the chapter 11 proceedings is just so much
more legal windage. In my mind, nothing of substance will happen regarding SCO
until the stay on the Utah judgment is resolved. I know, patience, but it sure
seems like things would be a lot simpler if that decision was finalized. [ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, November 14 2007 @ 02:01 PM EST |
how fitting that the representative for the company that
wants to buy SCO's UNIX business (and related lawsuits) is
named McNutt.[ Reply to This | # ]
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| Authored by: RFD on Wednesday, November 14 2007 @ 02:41 PM EST |
Those two items are on "for certain", unless the agenda changes. Up
until now, SCO has chosen to defer any items opposed by the US Trustee. If you
are planning to go to the Friday hearing, I would stay for breaking news. My
guess is that there probably won't be a hearing on Friday.
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Eschew obfuscation assiduously.[ Reply to This | # ]
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| Authored by: Peter Baker on Wednesday, November 14 2007 @ 03:52 PM EST |
IANAL, but how can the court issue an ORDER to stay what is going on in
Switzerland? AFAIK it can only be a polite request - US coutrs do not have
jurisdiction in other sovereign nations AFAIK unless there is some sort of
formal agreement between the nations.
So how does this work?
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= P =
[ Reply to This | # ]
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| Authored by: Sunny Penguin on Wednesday, November 14 2007 @ 03:52 PM EST |
Can this be a bid to avoid chapter 7?
Could tSCOg say in the future:
"We would have been able to continue in chapter 11 (and avoid chapter 7) if
we had been allowed to sell (Novell's) assets to York"
Would this type of claim have any effect?[ Reply to This | # ]
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| Authored by: Laomedon on Wednesday, November 14 2007 @ 04:17 PM EST |
Docket [207]
Mr.Spector: ... If -- what Novell and IBM,
therefore,
jointly are trying to do in all -- in our estimation, it should be
plain, is to seek the demise of SCO before they can get their day in court, the
Tenth Circuit.
Oooohhh, what a delicious read![ Reply to This | # ]
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| Authored by: RFD on Wednesday, November 14 2007 @ 05:49 PM EST |
PACER now has a revised agenda #208. Also the transcript is now available #207.
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Eschew obfuscation assiduously.[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, November 14 2007 @ 08:15 PM EST |
How is it possible for an American judicial system to stay a court action that
is taking place in Europe? The SUSE court action venue is Europe and not in the
U.S.A. and I am curious how the American Judge can cause a legal proceeding
taking place in Europe rule that it is to be stayed and by what right. SUSE
brought this action against SCO in Europe and not North America. [ Reply to This | # ]
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- Big Question - Authored by: PJ on Wednesday, November 14 2007 @ 08:29 PM EST
- Big Question - Authored by: Yossarian on Wednesday, November 14 2007 @ 09:02 PM EST
- Big Question - Authored by: Anonymous on Thursday, November 15 2007 @ 05:51 AM EST
- Big Question - Authored by: Yossarian on Thursday, November 15 2007 @ 01:03 PM EST
- Big Question - Authored by: Anonymous on Thursday, November 15 2007 @ 05:08 PM EST
- Big Question - Authored by: Anonymous on Friday, November 16 2007 @ 09:21 AM EST
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| Authored by: sylvester on Wednesday, November 14 2007 @ 09:11 PM EST |
MR. SPECTOR: I think -- and, Your Honor, we are not trying to retry the case,
but to speak fairly, anybody looking at that contract would think that Santa
Crux operations bought the copyrights from Novell. There's a body of evidence
that would suggest that it did. The judge ruled otherwise.[ Reply to This | # ]
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| Authored by: GriffMG on Friday, November 16 2007 @ 05:53 AM EST |
The BK Judge lifts the stay on Novell.
My guess is that they will file for Chapter 7 - as quickly as they can - because
I don't think they want their day in court AT ALL anymore.
I can't see Judge Kimball being anything other than as hard as nails with them
now.
B-)
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Keep B-) ing[ Reply to This | # ]
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