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SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16
Thursday, January 13 2011 @ 06:45 PM EST

Another cancellation in the SCO bankruptcy. The meeting scheduled for January 18th has been cancelled. The new date is February 16, or so they say:
PLEASE TAKE NOTICE that the hearing scheduled in the above-captioned case for January 18, 2011 at 10:00 a.m. has been cancelled. The next hearing is currently scheduled for February 16, 2011 at 4:00 p.m.
As a result, SCO will have its auction on January 19, and then announce the winning bid, if there is one, and the deadline to object to the sale is February 7. Only after all that will SCO show up in bankruptcy court on February 16, a date they'd already announced. So, no hints. It's all in the dark until then.

Here's the notice:

01/13/2011 - 1215 - Notice of Adjourned/Rescheduled Hearing /Notice of hearing Cancellation Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 1/18/2011 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Fatell, Bonnie) (Entered: 01/13/2011)


  


SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16 | 140 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16
Authored by: electron on Thursday, January 13 2011 @ 06:48 PM EST
How many times in a row can they cancel scheduled/rescheduled bankruptcy court
hearings?



---
Electron

"A life? Sounds great! Do you know where I could download one?"

[ Reply to This | # ]

Corrections Thread
Authored by: bugstomper on Thursday, January 13 2011 @ 06:58 PM EST
Please summarize in the Title box error->correction or s/error/correction/ to
make it easy to scan the list of errors that have already been noted.

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Thursday, January 13 2011 @ 06:59 PM EST
Please stay off topic in these threads. Remember to put something in the Title
box to indicate your topic. Use HTML Formatted mode to make your interesting
links clickable.

[ Reply to This | # ]

News Picks Thread
Authored by: bugstomper on Thursday, January 13 2011 @ 07:00 PM EST
Talk about New Picks articles here. Remember to put the title of the News Pick
in the Title box and include a clickable HTML link to the article in your
comment for the convenience of the reader once the article has scrolled off the
News Picks sidebar.

[ Reply to This | # ]

COMES goes here, 2123 minus the backlog to go...
Authored by: bugstomper on Thursday, January 13 2011 @ 07:10 PM EST
Keep those COMES transcripts and summaries coming. Please post the transcript in
Plain Old Text mode but with the HTML code embedded in it to make it easy for PJ
to copy and paste.

[ Reply to This | # ]

So...
Authored by: Anonymous on Thursday, January 13 2011 @ 07:22 PM EST
Does Cahn set the schedules of the entire Delaware BK court, or just Judge
Gross'?

[ Reply to This | # ]

Silly Questions
Authored by: sproggit on Thursday, January 13 2011 @ 08:45 PM EST
Three really obvious questions spring to mind.

First up, with the auction and the "last date for objections" (to the
winning bid) both happening before the next scheduled Bankruptcy hearing, this
rather suggests that Cahn does not need the authority of the Bankruptcy Court to
proceed with the sale. Is this *actually* the case?

I can foresee a bizarre scenario in which a successful bidder is selected by
Judge Cahn and objections may or may not be raised by some of SCO's Creditors,
but by the time of the next hearing, Cahn/SCO could easily have signed a
memorandum of understanding (or something) that paints Judge Gross into a
corner. You can picture the scenario - there is a clause in the sale agreement
that says that if SCO elects to back out of the deal once agreed, they have to
pay the successful bidder a large amount of money without strings attached.
Presented with something like that, Judge Gross may feel he has no choice but to
go along with Cahn since to object would be to only reduce the chances of SCO
actually paying anyone...

So the second obvious question would be, what happens if someone objects?

And the last question has to be: is it likely that someone may object (given the
fact that SCO have attempted to pull flanker after flanker here, work on the
basis that this is a repeat of earlier moves and that it's generally not in the
creditor's interest to let this go forward...)






I appreciate that my final observation is likely lost as a moot point, but in an
earlier post I asked the question about what, precisely, belongs to "The
SCO Group" such that they can sell it. We know that the Trial and Verdict
has established that SCO did not get the copyrights to the Unix Source Code, but
that (according to the documentation that covered the sale from Novell to
Caldera) they would have ownership on the code they developed themselves (the
"Merged Product"). I think what is lacking in our analysis is any
appreciation of how much of the latest release of "Unixware" is in
fact literally copied from the most recent copy of Unix SVRX and how much is
"new code".

If any significant portions of Unixware still contain Unix source code (the
trunk of the tree as Darl so eloquently described it in his testimony [thanks
Darl]) then I don't see how any version of Unixware that The SCO Group now seeks
to sell can possibly be considered a valid product.

From what I can make out, the principle activity of the software engineers
employed by SCO has not been to write new code, but to develop device drivers
for new hardware and to port FOSS applications to run on Unixware. Of course it
won't be this simple and there will be some maintenance and or enhancements, but
I don't know how extensive those changes might be.

A pre-sale Novell would likely have written to Judge Gross to warn the Court of
this complication and to advise him that to avoid any possible future legal
wrangles, the buyer must be advised to ensure that The SCO Group have clear
right and title to all that they puport to sell. But silly me, The SCO Group
would, of course, do that - right?

I keep on trying "2 + 2 =" on my shiny new SCO Calculator, but the
only answer it gives me is 5 billion. That can't be right, can it???

[ Reply to This | # ]

How many "sales" do they get to have?
Authored by: Anonymous on Thursday, January 13 2011 @ 08:47 PM EST
So... this is the second round for the "sale". If no one gets it this
time they just keep on doing this forever?

These guys seem like perpetual optimists that a knight will swoop in, buy at a
high price, and save the day for our embattled management.

[ Reply to This | # ]

SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16
Authored by: Anonymous on Thursday, January 13 2011 @ 09:27 PM EST
I thought for sure it would be re-scheduled to Feb 7th back in December.. Guess
I don't win the pool.

[ Reply to This | # ]

SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16
Authored by: bilateralrope on Thursday, January 13 2011 @ 11:14 PM EST
When should we expect to hear about the Feb 16 hearing being cancelled ?

[ Reply to This | # ]

Why isn't this Chapter 7 already?
Authored by: Anonymous on Friday, January 14 2011 @ 01:36 AM EST
There is absolutely no prospect of SCO emerging as a going concern and it now
seems to be conducting a firesale of every conceivable asset. So why is this
still Chapter 11.

[ Reply to This | # ]

SCO Bankruptcy Hearing Jan. 18 Cancelled; New Date Feb. 16
Authored by: Anonymous on Friday, January 14 2011 @ 07:18 AM EST
after the appeals court hearing on the 20th of Jan.

[ Reply to This | # ]
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