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| BK Docket Update |
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Thursday, February 05 2009 @ 07:45 PM EST
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Here are the latest filings from the SCO bankruptcy docket.
- The Groklaw Team
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02/02/2009 688 Transcript regarding Hearing Held 1/29/09 RE: Omnibus and Quarterly Fees. Remote electronic access to the transcript is restricted until 5/4/2009. The transcript may be viewed at the Bankruptcy Court Clerk's Office. [For information about how to contact the transcriber, call the Clerk's Office] or [Contact the Court Reporter/Transcriber Jennifer Ryan Enslen, Telephone number [phone].] Notice of Intent to Request Redaction Deadline Due By 2/9/2009. Redaction Request Due By 2/23/2009. Redacted Transcript Submission Due By 3/5/2009. Transcript access will be restricted through 5/4/2009. (related document(s) 675 ) (Murin, Leslie) (Entered: 02/02/2009)
02/02/2009 689 Application for Compensation (Sixteenth) of Pachulski Stang Ziehl & Jones LLP for Compensation and for Reimbursement of Expenses for December 1, 2008 through December 31, 2008 Filed by Pachulski Stang Ziehl & Jones LLP. Objections due by 2/23/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service & Service List) (O'Neill, James) (Entered: 02/02/2009)
02/03/2009 690 Monthly Application for Compensation [Sixteenth] [Interim] for Services and Reimbursement of Expenses as Accountants to the Debtors for the Period from January 1, 2009 through January 31, 2009 Filed by Tanner LC. Objections due by 2/23/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service and Service List) (O'Neill, James) (Entered: 02/03/2009)
02/04/2009 691 Supplemental Affidavit/Declaration of Service of Epiq Bankruptcy Solutions, LLC, Regarding Notice of Hearing on Approval of Disclosure Statement in Connection with the Debtors' Joint Plan of Reorganization (related document(s) 656 ) Filed by The SCO Group, Inc.. (Makowski, Kathleen) (Entered: 02/04/2009)
02/04/2009 692 Debtor-In-Possession Monthly Operating Report for Filing Period December 2008 for SCO Operations, Inc. Filed by The SCO Group, Inc.. (Attachments: # 1 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 02/04/2009)
02/04/2009 693 Debtor-In-Possession Monthly Operating Report for Filing Period December 2008 for The SCO Group, Inc. Filed by The SCO Group, Inc.. (Attachments: # 1 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 02/04/2009)
02/04/2009 694 Motion to Approve Debtors' Revised Motion for an Order (I) Scheduling Confirmation Hearing; (II) Approving Form and Contents of Solicitation Package; (III) Approving Form and Manner of Notice of Confirmation Hearing; (IV) Establishing Record Date and Approving Procedures for Distribution of Solicitation Packages; (V) Approving Forms of Ballot; (VI) Establishing Voting Deadline for Receipt of Ballots; (VII) Approving Procedures for Vote Tabulations; (VIII) Establishing Deadline and Procedures for Filing Objections to Confirmation of the Plan; and (IX) Granting Related Relief [Related Docket No. 662] Filed by The SCO Group, Inc.. Hearing scheduled for 2/25/2009 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 2/18/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Exhibit C # 5 Exhibit D # 6 Exhibit E # 7 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 02/04/2009
02/04/2009 695 Motion to Approve /Debtors' Motion for an Order (I) (A) Establishing Sale and Bid Procedures, (B) Approving Form of Asset Purchase Agreement, and (C) Approving the Form and Manner of Notice of Sale; and (II) Approving (A) Sale of Certain Assets Free and Clear of Interests and (B) Assumption and Assignment of Executory Contracts and Unexpired Leases Filed by The SCO Group, Inc.. Hearing scheduled for 2/25/2009 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 2/18/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Exhibit C # 5 Exhibit D # 6 Proposed Form of Order # 7 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 02/04/2009)
02/04/2009 696 BNC Certificate of Mailing. (related document(s) 688 ) Service Date 02/04/2009. (Admin.) (Entered: 02/05/2009)
02/05/2009 697 Notice of Withdrawal Regarding Exhibit E (ONLY) to Debtors' Revised Motion for an Order (I) Scheduling Confirmation Hearing; (II) Approving Form and Contents of Solicitation Package; (III) Approving Form and Manner of Notice of Confirmation Hearing; (IV) Establishing Record Date and Approving Procedures for Distribution of Solicitation Packages; (V) Approving Forms of Ballot; (VI) Establishing Voting Deadline for Receipt of Ballots; (VII) Approving Procedures for Vote Tabulations; (VIII) Establishing Deadline and Procedures for Filing Objections to Confirmation of the Plan; and (IX) Granting Related Relief (related document(s) 694 ) Filed by The SCO Group, Inc.. (Makowski, Kathleen) (Entered: 02/05/2009)
02/05/2009 698 Notice of Service Regarding Exhibit E to Debtors' Revised Motion for an Order (I) Scheduling Confirmation Hearing; (II) Approving Form and Contents of Solicitation Package; (III) Approving Form and Manner of Notice of Confirmation Hearing; (IV) Establishing Record Date and Approving Procedures for Distribution of Solicitation Packages; (V) Approving Forms of Ballot; (VI) Establishing Voting Deadline for Receipt of Ballots; (VII) Approving Procedures for Vote Tabulations; (VIII) Establishing Deadline and Procedures for Filing Objections to Confirmation of the Plan; and (IX) Granting Related Relief (related document(s) 694 ) Filed by The SCO Group, Inc.. (Attachments: # 1 Exhibit E - Blackline # 2 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 02/05/2009)
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| Authored by: bprice on Thursday, February 05 2009 @ 08:12 PM EST |
Should any be needed.
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--Bill. NAL: question the answers, especially mine.[ Reply to This | # ]
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| Authored by: bprice on Thursday, February 05 2009 @ 08:13 PM EST |
This is a Members only article. Maybe you want to find an open one.
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--Bill. NAL: question the answers, especially mine.[ Reply to This | # ]
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| Authored by: bprice on Thursday, February 05 2009 @ 08:14 PM EST |
This is a Members only article. Maybe you want to find an open one for your
valued contribution.
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--Bill. NAL: question the answers, especially mine.[ Reply to This | # ]
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| Authored by: IMANAL_TOO on Friday, February 06 2009 @ 12:46 AM EST |
I notice that the withdrawn docket #694 document is filled with
"strikethroughs", apparently also called "being blacklined". PJ has done so
several times, and sometimes with good effect, as your can still see what was
originally thought written.
My question, is that the
original intent of blacklines, to make parts of or an entire text invalid but
still legible? In other documents the invalid text has simply been entirely
obfuscated with a piece of white paper or
something.
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IMANAL
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| Authored by: tiger99 on Friday, February 06 2009 @ 01:03 PM EST |
I see he was paid $3860 for the month. Is he still actually
doing anything for SCO?[ Reply to This | # ]
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| Authored by: Pencil_Nebula on Saturday, February 07 2009 @ 09:43 AM EST |
1Something has changed
On my computer screen the left column is now 6 inches wide,
the center column is 2 inches wide and the right column is 3
inches wide.
When I attempted to send this to you in an e-mail the
response whas that I had to log in. If I was not logged in
how did I read the articles and make this posting?[ Reply to This | # ]
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| Authored by: s65_sean on Saturday, February 07 2009 @ 12:11 PM EST |
I understand docket number 694:
02/04/2009 694 Motion to Approve
Debtors' Revised Motion for an Order (I) Scheduling Confirmation Hearing; (II)
Approving Form and Contents of Solicitation Package; (III) Approving Form and
Manner of Notice of Confirmation Hearing; (IV) Establishing Record Date and
Approving Procedures for Distribution of Solicitation Packages; (V) Approving
Forms of Ballot; (VI) Establishing Voting Deadline for Receipt of Ballots; (VII)
Approving Procedures for Vote Tabulations; (VIII) Establishing Deadline and
Procedures for Filing Objections to Confirmation of the Plan; and (IX) Granting
Related Relief [Related Docket No. 662] Filed by The SCO Group, Inc.. Hearing
scheduled for 2/25/2009 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th
Fl., Courtroom #3, Wilmington, Delaware. Objections due by
2/18/2009.
They are asking for a hearing date to be set to hear
the issues listed, which are all about going through the approval process for
the reorganization plan.
Then there's docket number
695:
02/04/2009 695 Motion to Approve /Debtors' Motion for an Order
(I) (A) Establishing Sale and Bid Procedures, (B) Approving Form of Asset
Purchase Agreement, and (C) Approving the Form and Manner of Notice of Sale; and
(II) Approving (A) Sale of Certain Assets Free and Clear of Interests and (B)
Assumption and Assignment of Executory Contracts and Unexpired Leases Filed by
The SCO Group, Inc.. Hearing scheduled for 2/25/2009 at 11:00 AM at US
Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware.
Objections due by 2/18/2009.
In this one SCO is moving the court
to not only approve the format of a potential asset sale, but to approve the
sale itself. How can they move for permission to sell assets when the
reorganizaion plan that calls for that sale hasn't been approved? Can the court
approve the asset sale without the creditors voting on the plan? Isn't that
putting the cart before the horse?
I see that both 694 and 695 are
going to be heard by the judge at the same hearing on 2/25/2009, but isn't it
being a little presumptive and arrogant on their (SCO's) part to assume that the
plan is going to be approved and file the motion to actually approve the asset
sale before the actual voting on the plan is complete? Hopefully we will see
tons of objections to both the plan itself as well as the motion to approve the
asset sale before any plan has been approved. Otherwise, we're likely to see a
new filing on 2/19, after the objections for these motions are due, stating
"Certificate of no objection to docket numbers 694 and 695, therefore no
arguments need to be heard and the judge can just rubber stamp our proposed
orders".[ Reply to This | # ]
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| Authored by: s65_sean on Saturday, February 07 2009 @ 12:37 PM EST |
In docket number 695, the motion to approve the sale, they are also asking for
the court to allow them to pay a "stalking horse" buyer who doesn't actually buy
the assets (emphasis added):
the Debtors request entry of orders,
in the form attached hereto5: (i) (a) approving Bid Procedures, (b)
authorizing the Debtors, in their discretion, to select a "stalking horse"
bidder for the Assets (a party that will commit to purchase Assets for at least
their reserve price, under a contract providing for a 10% forfeitable deposit
and no due diligence or financing contingency)(the "Stalking Horse Bidder") and
if so selected, approving the Breakup Fee and Expense Reimbursement, (c)
authorizing the Debtors to conduct the Auction, (d) scheduling a Sale Hearing
(the "Bid Procedures Order"); and (ii) (a) approving the Sale to the Successful
Bidder(s), (b) approving the assumption and assignent of executory contracts and
leases designated under the APA; and (c) granting related relief (the "Sale
Order").
Footnote 5 goes on to say:
5 As
provided in the proposed Bid Procedures Order, the Debtors may modify the bid
procedures set forth in the proposed order at any time prior to or during the
Auction if the Debtors determine, in their judgment, that such modifications
will better promote the goals of the auction process and are in the best
interest of the bankptcy estates and the creditors thereof.
So if
the court and the creditors approve this "plan", then SCO can change the auction
rules in any waythat they want, at any time they want without asking the
bankruptcy court for permission. That's ludicrous.
I think perhaps that
SCO has gotten brazen now that Groklaw doesn't seem to be publicly following the
case and bringing their shenanigans into the bright light of public scrutiny.[ Reply to This | # ]
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| Authored by: DannyB on Tuesday, February 10 2009 @ 09:15 AM EST |
Seriously.
This would be a good time to write a book. Before this farce fades into distant
memory and is forgotten.
In a couple years, it will be very much forgotten. Yet, Microsoft will be
playing as dirty as ever. They will probably re-use many of the same tricks. A
book that reviews the SCO history would help fight new FUD, which is a worthy
goal.
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The price of freedom is eternal litigation.[ Reply to This | # ]
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