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Hearing set for June 15 on US Trustee's Motion to Convert SCO to Ch. 7 (or Dismiss) - Updated 2Xs
Thursday, May 21 2009 @ 01:29 PM EDT

The hearing on the U.S. Trustee's motion to convert SCO's bankruptcy from Chapter 11 to Chapter 7, or to dismiss, has been set for June 15, 2009 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. I reeeeeally hope some of you can attend, if at all possible. SCO has until June 5 to object.

There will also be a hearing to approve some quarterly fee applications on May 29, which I expect will just be rubber stamped. That's not the one that matters.

Here's the notice [PDF]. Exhibit A [PDF] shows the three firms asking for money, Berger, Tanner and Pachulski, the usual suspects. Kidding. The hearing is scheduled to begin at 03:30 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. I can't imagine, unless something else is added to the list that it's worth showing up for this one. Has there ever been a bill this court didn't approve? And these are not opposed by anyone, either, so no fireworks expected.

There are some other filings too, with a few mistakes being corrected in the record. I expect further entries, reflecting that both IBM and Novell have also filed motions to convert or dismiss. So, likely their motions will be added to the list of matters to be heard that day. Here's the docket:

05/21/2009 - 763 - Certificate of No Objection (No Order Required) Regarding Nineteenth Monthly Application for Compensation for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession, for the Period from March 1, 2009 through March 31, 2009 (related document(s) 748 ) Filed by The SCO Group, Inc.. (Attachments: # 1 Certificate of Service and Service List) (O'Neill, James) (Entered: 05/21/2009)

05/21/2009 - 764 - [ENTERED IN ERROR] See Docket #765. Notice of Hearing on United States Trustee's Motion to Convert Chapter 11 Case to a Case Under Chapter 7. Hearing scheduled for 6/15/2009 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. The case judge is Kevin Gross. Objections due by 6/5/2009. (TAS) Modified on 5/21/2009 (TAS). (Entered: 05/21/2009)

05/21/2009 - 765 - Corrective Entry (related document(s) 764 ) [ENTERED IN ERROR] Notice of Hearing on United States Trustee's Motion to Convert Chapter 11 Case to a Case Under Chapter 7. (TAS) (Entered: 05/21/2009)

05/21/2009 - 766 - Notice of Hearing on Motion to Dismiss or Alternatively Convert Hearing scheduled for 6/15/2009 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. The case judge is Kevin Gross. Objections due by 6/5/2009. (TAS) (Entered: 05/21/2009)

Update: As expected, there is now an update to the docket to reflect the IBM and Novell motions:
05/21/2009 - 767 - Notice of Hearing (Re-Notice of Hearing) on (A) Motion of the United States Trustee to Convert Cases to Cases Under Chapter 7; (B) Motion of International Business Machines Corporation for an Order Converting the Debtors' Chapter 11 Bankruptcy Cases to Cases Under Chapter 7 of the Bankruptcy Code; and (C) Novell's Motion for Conversion (related document(s) 750 , 751 , 753 ) Filed by The SCO Group, Inc.. Hearing scheduled for 6/15/2009 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 6/5/2009. (Attachments: # 1 Affidavit of Service and Service List) (Makowski, Kathleen) (Entered: 05/21/2009)
Update 2: Now there is an updated notice on the May 29 hearing also, changing the time from 2 PM to 3 PM:

05/22/2009 - 768 - Amended Notice of Hearing to Consider Approval and Allowance of Quarterly Fee Applications (related document(s) 708 , 720 , 733 , 761 ) Filed by The SCO Group, Inc.. Hearing scheduled for 5/29/2009 at 03:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # 1 Exhibit A # 2 Certificate of Service and Service Lists) (O'Neill, James) (Entered: 05/22/2009)


  


Hearing set for June 15 on US Trustee's Motion to Convert SCO to Ch. 7 (or Dismiss) - Updated 2Xs | 354 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: red floyd on Thursday, May 21 2009 @ 01:45 PM EDT
So PJ can find them easily.

Please put the correction in the title, e.g.:

mispeled => misspelled

---
I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.

[ Reply to This | # ]

Newspicks Discussion Here
Authored by: red floyd on Thursday, May 21 2009 @ 01:46 PM EDT
Please use the title of the Newspick as your title.

---
I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.

[ Reply to This | # ]

Off Topic Here
Authored by: red floyd on Thursday, May 21 2009 @ 01:48 PM EDT
Please use clickies for your links (see the Red text below the posting box, and
use HTML mode).

On topic posters will have Windows ME installed on their systems as punishment.

---
I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.

[ Reply to This | # ]

How much paper can you shred June 15?
Authored by: Anonymous on Thursday, May 21 2009 @ 03:24 PM EDT
Is there anything that can be done to protect incriminating evidence from being
shredded before the trustee gets to look at it? Perhaps the bailif putting
locks on the doors so that what little is left might still be there the mroning
after.

[ Reply to This | # ]

A hypothetical question.....
Authored by: tiger99 on Thursday, May 21 2009 @ 06:25 PM EDT
Just supposing the court dismisses instead of converting to Chapter 7. What would that mean in reality? Would it be business as usual, until the cash utterly runs out? Would that then force Chapter 7?

Just curious. I don't really expect the court to do anything except convert to Chapter 7, as it would be expected to give serious credence to the impartial opinion of the US Trustee, as far as I understand. But we are talking about SCO......

Hopefully SCO will be toast shortly, but inquiring minds always need to know what other eventualities might theoretically happen, and whether the probability of dismissal is as high as being hit by a meteorite while deep underground in a coal mine.

[ Reply to This | # ]

Groklaw 7 attendence
Authored by: rsi on Thursday, May 21 2009 @ 08:11 PM EDT
It doesn't look like I can make it to the hearing as much as I'd like to be
there. If anything changes, I will let you know.

Who else will be there? I'd like to speak with anyone planning to attend, by
phone or email.

Rick
www [DOT] rsiny [DOT] com

[ Reply to This | # ]

I'm confused...
Authored by: Anonymous on Thursday, May 21 2009 @ 09:21 PM EDT
In the Notice of Hearing (Re-Notice of Hearing) (05/21/2009, number 767), it
says, "Filed by The SCO Group, Inc.."
This makes it sound like _this_hearing_ was requested by t$COg. It just doesn't
seem reasonable to me that t$COg would be voluntarily WANTING to have this
hearing, which IMHO is probably going to sink their ship. Why is this notice
written this way??

[ Reply to This | # ]

Hearing set for June 15 on US Trustee's Motion to Convert SCO to Ch. 7 (or Dismiss) - Updated
Authored by: charlie Turner on Thursday, May 21 2009 @ 09:28 PM EDT
Can anyone recommend a good pet friendly motel nearby? I think I can swing a few
days off work and the $$$s to drive there and attend the hearing. Most of the
"pet friendly"
motels I've found have a 30lb max per dog, or a combined max of 50lbs for all.
My 15 year old yellow lab weighs in at 90lb, so I don't think we can fake our
way past those rules. They also say that pets can't be unattended. I doubt that
the judge would let Tucker in the court room no matter how well behaved, so that
is a bit of a monkey wrench, too. I've had good luck/results with Tuck at
Holiday Inns before, and I see
there is on at CARNEYS POINT NJ TRNPK EXIT 1. I will call them tomorrow to see
what their pet policy is. Does anyone
know anything about this motel?
Thanks!
charlie T

[ Reply to This | # ]

If I were a betting man...
Authored by: Anonymous on Friday, May 22 2009 @ 03:51 PM EDT
... I'd bet a fair amount of money that SCO will come up with some motion or
gimmick to (try to) postpone this hearing. I'm not saying that they will
succeed, just that they will almost certainly try.

MSS2

[ Reply to This | # ]

The US Trustee wins this 97% of the time
Authored by: Nagle on Wednesday, May 27 2009 @ 12:51 AM EDT

The a nnual report of the U.S. Trustee's office has statistics on how this usually comes out. See page 31. When the U.S. Trustee moves to convert a Chapter 11 bankruptcy to Chapter 7, they get their way 97.1% of the time.

Liquidation, here we come.

[ Reply to This | # ]

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