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Nov. 6th hearing time changed to 11 AM in SCO bankruptcy
Tuesday, October 09 2007 @ 11:52 PM EDT

Here are some more filings in the bankruptcy. Please note that the time for the November 6th SCO bankruptcy omnibus hearing is now 11:00 AM, not 2 PM. If you show up at 2, you'll have missed it. There is also a list of folks Novell sent notice of their proposed orders in the two motions, with an interesting addition on the list. And we have Dorsey & Whitney's desire to be SCO's special counsel. When you owe millions, maybe millions more than you have, you need lotsa lawyers.

Here are the most recently filed documents:
108 - Filed & Entered: 10/08/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service of Thomas Hartzell Regarding Notice of Proposed Form of Order Granting 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. and Notice of Proposed Order Granting Motion for Order Directing the Debtors to Remit Undisputed Future Royalties to Novell Upon Receipt (related document(s)[106], [107] ) Filed by The SCO Group, Inc.. (Greecher, Sean)

109 - Filed & Entered: 10/09/2007
Notice of Adjourned/Rescheduled Hearing(B)
Docket Text: Notice of Adjourned/Rescheduled Hearing / Notice of Change of Time for Hearing Scheduled on November 6, 2007 (related document(s)[57] ) Filed by The SCO Group, Inc.. Hearing scheduled for 11/6/2007 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # (1) Certificate of Service) (O'Neill, James)

110 - Filed & Entered: 10/09/2007
Application to Employ (B)
Docket Text: Application to Employ Dorsey & Whitney, LLP as Special Counsel to the Debtors Filed by The SCO Group, Inc.. Hearing scheduled for 11/6/2007 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 10/29/2007. (Attachments: # (1) Notice # (2) Exhibit A # (3) Proposed Form of Order # (4) Certificate of Service) (O'Neill, James)

You'll notice that for the first time that I've seen, the list of folks getting notice of Novell's proposed orders includes the SEC's Office of Investor Education and Assistance. I hope that is the right address, because there was apparently a change in August. I think it's called the Office of Investor Education and Advocacy now.

I told you people would use this case in classrooms someday. Joke. Joke. I don't know what this means. But one can't help but notice. And I'm guessing my thoughts are very much like yours.


Nov. 6th hearing time changed to 11 AM in SCO bankruptcy | 82 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Off Topic
Authored by: Kilz on Tuesday, October 09 2007 @ 11:56 PM EDT
Please make links the clicky kind. :D

[ Reply to This | # ]

Authored by: Kilz on Tuesday, October 09 2007 @ 11:58 PM EDT
For any mistakes that you may find.

[ Reply to This | # ]

can CEO represent company in court?
Authored by: Anonymous on Wednesday, October 10 2007 @ 12:20 AM EDT
The motion is filed and signed by Darl McBride (CEO).

I thought that companies in the US could only be represented in court by an

Doesn't McBride breach that rule when he now enters a filing without one?

[ Reply to This | # ]

Dorsey and Whitney "retainer"
Authored by: Anonymous on Wednesday, October 10 2007 @ 12:33 AM EDT

The proposed order speaks of a "retainer" for Dorsey and Whitney as if it has already been paid. That's not something debtors in possession are supposed to do without court approval first, is it?

[ Reply to This | # ]

Newspicks Comments Thread
Authored by: artp on Wednesday, October 10 2007 @ 12:34 AM EDT
As usual.
Please make reference to which story you are commenting on. It helps put it in
context. Thanks!

Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Transgender lawyer?
Authored by: Anonymous on Wednesday, October 10 2007 @ 01:16 AM EDT
From 108:
Tom Hartzell, being duly sworn according to law, deposes and says that she is employed by the law firm of Young Conaway Stargatt & Taylor, LLP, attorneys for Novell, Inc., an interested party in the within captioned matter, and that on the 5th day of October, 2007, he caused a copy of the following pleadings:
Emphasis mine. Either YCS&T should be applauded for their affirmative action employment policies or they need to hire a proofreader.

[ Reply to This | # ]

One possible reason ...
Authored by: Anonymous on Wednesday, October 10 2007 @ 01:18 AM EDT
Probably changed because the bankruptcy judge thinks he'll need more time,
because what he's going to say is not going to go down well with SCO.

In other words, its "cross the Ts' dot the I's, lots of justification, then
"Sorry, but you filed for bankruptcy prematurely. Back to Utah for you on
the question of how much you owe, then come back here."

That's going to take more than an hour, for sure, because there are going to be
a LOT of ancilliary rulings.

[ Reply to This | # ]

SEC - Interesting Quote
Authored by: Anonymous on Wednesday, October 10 2007 @ 02:04 AM EDT
"Complaints are extremely important to us. You may think you're the only
one experiencing a problem, but typically, you're not alone. Sometimes, it only
takes one investor's complaint to trigger an investigation that exposes a bad
broker, an illegal boiler-room operation, a ponzi scheme or an insider trading
ring. In recent years, investor complaints led, at least in part, to
approximately twenty percent of all cases investigated by the SEC."

I wonder if lying in a prospectus counts as a no-no as well.

[ Reply to This | # ]

Novell is inviting SEC, Attorney General, IRS, and US Treasury into the game?
Authored by: Anonymous on Wednesday, October 10 2007 @ 06:56 AM EDT
I might be reading this wrong, but I noticed some more new addresses in the

* SEC NY Regional Office (in addition to Education & Advocacy in
* IRS Insolvency Section, Baltimore
* Attorney General, Washington
* Secratary of State / Franchise Tax, DE
* Secretary of Treasure, Washington
* US Attorney in DE

So if Novell's lawyer filed this list, are they inviting them into the game?
Also, are those normal players in insolvencies?


[ Reply to This | # ]

Why is Darl in charge of ANYTHING anymore?
Authored by: nsomos on Wednesday, October 10 2007 @ 09:26 AM EDT
I thought the trustee was now in charge.
So why is Darl requesting this other lawyer?

If Darl is doing something he should not be,
I surely hope he gets smacked down for it.

All Darl has done, is run things into the
ground. The best chance of 'success' is likely
to be NOT following anything that Darl might
request or suggest.

[ Reply to This | # ]

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