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Cahn's 3rd Bill, This One for December Only, $112,677.60 |
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Friday, June 18 2010 @ 10:29 PM EDT
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Here it is, SCO's Ch. 11 trustee Edward Cahn's third bill for Blank Rome, covering only the month of December of 2009, for $112,677.60, self-described as actual, reasonable and necessary, 80% of the actual bill for $140,847.00. For a single month.
Well, you may say, litigation costs. Dearly. Yes, which is a good reason not to pursue pipe dreams. Oh, add on $7,019.45 for expenses. Because, let's be real, bankruptcy court isn't about getting the creditors one flat dime, is it? That's my observation after watching Delaware at work.
Here's the bill and all the ancillaries for you to examine:
06/18/2010 - 1128 - Third Application for Compensation of Blank Rome LLP for the period December 1, 2009 to December 31, 2009 Filed by Blank Rome LLP. Objections due by 7/8/2010. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Certificate of Service) (Fatell, Bonnie) (Entered: 06/18/2010)
I suggest your fine-toothed comb. What I notice is that most of the hours, 159.4 out of 290, were for running the business, such as it is, according to Exhibit A, page 3. If Cahn had opted to shut down the business instead of pursuing the crazy litigation, may I assume that would mean these expenses would not be showing up? If so, it's a crying shame. I warned him not to rely just on what the lawyers told him, but no one listens to little old me. Even though I'm usually proven right. It's very frustrating. Their total billing so far is enough to pay back Novell and the other creditors a nice little chunk, even if it's not the whole amount. And something is better than nothing.
Novell is hoping Emily will wake him up shortly and tell him he was having a bad dream.
Update: I should take a break and let you guys find things. I read the entry on page 6 of Exhibit A for a second as "scam and efile" OPA's bill instead of "scan and efile". Yup. Time for a little break. I'll stop back by in a bit after some ice cream. But one quick thing. What do you suppose this means on page 12? Dec 15 09 REVIEW VARIOUS MEMOS AND WEB REPORTS REGARDING SCO ACTIVITY - Fatell - 0.30 I wonder if they'd rather not say the "G" word. That was the time period, though, when Groklaw began publishing, beginning on December 12th, our series "Answering SCO Bit by Bit." The next day, she did the same, review news articles about SCO. I sincerely hope she read it and understood it, even if only after the fact. The next day, you see there was a strategy meeting. And they went on to do the Yarro loan, so after the fact is as good as it can get.
A little less strategy and a little more practical application of lessons learned would be nice. And I see an engineer quit on December 21. That's on page 14.
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Authored by: Anonymous on Friday, June 18 2010 @ 10:46 PM EDT |
For only charging such a paltry amount during the holiday season, in SCOville
they say that the Cahn's small heart grew three sizes that day. And then - the
true meaning of Christmas came through, and the Cahn found the strength of *ten*
Cahns, plus two! [ Reply to This | # ]
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Authored by: alisonken1 on Friday, June 18 2010 @ 11:14 PM EDT |
Change subject to what correction is:
Sujbect -> Subject
And make notes in the comments for larger changes or hints
---
- Ken -
import std_disclaimer.py
Registered Linux user^W^WJohn Doe #296561
Slackin' since 1993
http://www.slackware.com
[ Reply to This | # ]
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Authored by: alisonken1 on Friday, June 18 2010 @ 11:16 PM EDT |
Anything not related to this.
Remember HTML mode and clickies.
Use the notes below the comment box for valid markup.
---
- Ken -
import std_disclaimer.py
Registered Linux user^W^WJohn Doe #296561
Slackin' since 1993
http://www.slackware.com
[ Reply to This | # ]
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Authored by: alisonken1 on Friday, June 18 2010 @ 11:19 PM EDT |
Be sure to make note of which newspick you're commenting on since they can
scroll off rather quickly.
---
- Ken -
import std_disclaimer.py
Registered Linux user^W^WJohn Doe #296561
Slackin' since 1993
http://www.slackware.com
[ Reply to This | # ]
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- iPad sales to flatten out ... - Authored by: argee on Saturday, June 19 2010 @ 01:35 AM EDT
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Authored by: Anonymous on Friday, June 18 2010 @ 11:34 PM EDT |
PJ, Cahn and Blank Rome are making a nice piece of change from this deal. They
have no reason whatsoever to shut down this crazy litigation machine. While I
don't doubt Fatell and others have read Groklaw, and likely realize they don't
even have a pair of deuces in their hand to win this insanity, as long as they
can keep billing, they'll keep this game up.
It appears being a
Chapter 11 trustee is very like being a state-appointed estate executor. Very
lucrative, and I've heard the executors usually drain the estate, leaving little
or nothing for the real heirs. That is why a will is so important for an estate
of any value, it's the only way to prevent such a scam. Cahn is simply following
the same pattern with the assistance of the Delaware BK court.
Thanks
to the BK court, the Nazgul can do nothing, nor can MoFo. Judge Gross listens
only to Cahn now, no one else. SCO certainly knew what they were doing when they
went into Chapter 11 in Delaware. However, with the crushing defeat of SCO in
Utah, the game is over. The FUD really went THUD this time, and I know of no one
who pays attention to SCO's ludicrous claims any longer (I know plenty of
people).
I hate the fact that Novell and IBM have to continue burning
time and money on this nonsense. But, whoever is bankrolling this from the other
side is no longer getting their money's worth. In fact, I would guess any
further efforts on their part is a serious waste of funds. So, let them burn up
their resources on what is now an ineffective assault on Linux and FOSS. The
irony is Cahn is taking them for a ride as well.[ Reply to This | # ]
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- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: elronxenu on Friday, June 18 2010 @ 11:47 PM EDT
- The FUD went THUD. No point, just wanted to repeat (n/t) - Authored by: Anonymous on Friday, June 18 2010 @ 11:58 PM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: PJ on Saturday, June 19 2010 @ 02:08 AM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Stumbles on Saturday, June 19 2010 @ 05:31 AM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 07:28 AM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 08:51 AM EDT
- Appoint an executor you can trust - Authored by: Jim Olsen on Saturday, June 19 2010 @ 08:55 AM EDT
- PJ is not giving legal advice, just gossip about a situation (that might not work for all). - Authored by: Anonymous on Saturday, June 19 2010 @ 11:54 AM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 12:30 PM EDT
- Things to ask your lawyer - Authored by: proceng on Saturday, June 19 2010 @ 12:32 PM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 10:41 AM EDT
- That is why a will Re: is so important for an estate of any value! Dicken's "Bleak House"? - Authored by: Anonymous on Saturday, June 19 2010 @ 11:21 AM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 06:12 PM EDT
- Cahn's 3rd Bill, This One for December Only, $112,677.60 - Authored by: Anonymous on Saturday, June 19 2010 @ 10:27 PM EDT
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Authored by: Gringo on Friday, June 18 2010 @ 11:45 PM EDT |
Reveiwing items on the bill, I saw that during that billing
period at least
- December 2009, there existed an Assent
Purchase Agreement with Unixis, as
well as a deposit retained
from them. I thought that was all dropped some time
ago. I
wonder if they are seriously in the running to by SCO's Unix
business? [ Reply to This | # ]
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Authored by: Gringo on Friday, June 18 2010 @ 11:53 PM EDT |
According to the billings, there was time spent worrying
about stock
options, and in that context, research of Utah's
Blue Sky Laws.
What
are Blue Sky Laws? Speculative schemes which have no
more basis than so many
feet of "blue sky" or, to put it
another way, to stop the sale of stock in
fly-by-night
concerns, visionary oil wells, distant gold mines, and other
like
fraudulent exploitations.
You wouldn't think a fine corporate citizen
like SCO
would have anything to worry about in regard to Blue Sky
Laws, would
you? [ Reply to This | # ]
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Authored by: Anonymous on Friday, June 18 2010 @ 11:53 PM EDT |
I find it extremely disturbing that an attorney from Blank-Rome was reading
Groklaw *before* they went to court.
This means that they were fully aware that they had no case to bring against IBM
or users of Linux, but that they tried to trick the court system to give them
Unix copyrights anyway. This cynical action on the part of the bankruptcy
trustee destroys any reasonable basis for confidence in our bankruptcy system.
It essentially means that the bankruptcy trustee was intent upon defrauding
justice.
The bankruptcy trustees job is to protect the *estate*, not to attempt a swindle
like some two bit crook. Unfortunately, the bankruptcy judge has been
protecting the bankruptcy trustees back all the way to this dead end.[ Reply to This | # ]
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- Very, very disturbing - Authored by: kjs on Saturday, June 19 2010 @ 12:27 AM EDT
- Very, very disturbing - Authored by: PJ on Saturday, June 19 2010 @ 02:01 AM EDT
- Very, very disturbing - Authored by: Anonymous on Saturday, June 19 2010 @ 06:44 AM EDT
- Very, very disturbing - Authored by: Steve Martin on Saturday, June 19 2010 @ 07:34 AM EDT
- Very, very disturbing - Authored by: digger53 on Saturday, June 19 2010 @ 04:51 PM EDT
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Authored by: Anonymous on Saturday, June 19 2010 @ 06:05 AM EDT |
I don't remember any motions from X/Open.
Open Group did appear in the later asset sale docs.
Maybe this is referring to Wayne Gray stuff?
[ Reply to This | # ]
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Authored by: SilverWave on Saturday, June 19 2010 @ 07:28 AM EDT |
:-(
---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions
[ Reply to This | # ]
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Authored by: JamesK on Saturday, June 19 2010 @ 07:34 AM EDT |
{
I read the entry on page 6 of Exhibit A for a second as "scam and
efile" OPA's bill instead of "scan and efile"
}
I think you had it right the first time. ;-)
---
IANALAIDPOOTV
(I am not a lawyer and I don't play one on TV)[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 19 2010 @ 09:11 AM EDT |
Well, the company's name is its programme: blank. Empty. Fini. Nothing left.
They started with Rome, now they proceed here ...[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 19 2010 @ 12:22 PM EDT |
Maybe they should have kept Darl on. It would have been cheaper!
[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 19 2010 @ 04:30 PM EDT |
"And I see an engineer quit on December 21."
That's *the* engineer.[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 19 2010 @ 05:22 PM EDT |
Of course he would ignore you - keeping it going kept him earning a
"living" for a "lock of months" as they say here in NI[ Reply to This | # ]
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Authored by: kh on Saturday, June 19 2010 @ 08:13 PM EDT |
Give all assets to the original owners, remove excess money by court appointed
trustee firms and put what's left of SCOXQ.PK into Chapter 7?
It all makes you wonder what normally goes on in bankruptcy court. Is this just
normal business in the court?[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 19 2010 @ 09:20 PM EDT |
http://www.zdnet.com/blog/murphy/suicide-by-victory-more-on-sco/1832 [ Reply to This | # ]
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Authored by: benw on Sunday, June 20 2010 @ 12:25 AM EDT |
The docket is now only listing as far as April 5. What's going on there? [ Reply to This | # ]
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Authored by: Anonymous on Sunday, June 20 2010 @ 01:27 AM EDT |
You'll see in Exhibit B that billing rates range from $210/hour to
$775/hour.
Now, the individual who bills $775/hour is an expert
in business restructuring and bankruptcy, a subject of which I know almost
nothing, so I can't judge whether the rate is reasonable or not.
But the
person who bills $210/hour spent quite a bit of time on "scan and efile
documents". Now, I know how to do that. I think that with a bit of training,
like maybe 15 minutes, a typical Walmart checkout clerk could do that. I don't
think it's reasonable that a task like that should be billed at $210/hour,
or even half that rate. [ Reply to This | # ]
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- Billing rates - Authored by: Anonymous on Sunday, June 20 2010 @ 02:45 AM EDT
- Billing rates - Authored by: argee on Sunday, June 20 2010 @ 05:55 AM EDT
- Billing rates - Authored by: Anonymous on Sunday, June 20 2010 @ 06:56 AM EDT
- Billing rates - Authored by: lnuss on Sunday, June 20 2010 @ 11:14 AM EDT
- Billing rates - Authored by: joef on Sunday, June 20 2010 @ 02:58 PM EDT
- Smoking - Authored by: argee on Sunday, June 20 2010 @ 05:52 PM EDT
- Smoking - Authored by: lnuss on Sunday, June 20 2010 @ 07:44 PM EDT
- Smoking - Authored by: mpellatt on Monday, June 21 2010 @ 01:42 AM EDT
- Smoking - Authored by: PJ on Monday, June 21 2010 @ 03:39 AM EDT
- Smoking - Authored by: lnuss on Monday, June 21 2010 @ 12:34 PM EDT
- Billing rates - Authored by: Anonymous on Sunday, June 20 2010 @ 11:37 AM EDT
- Billing rates - Authored by: Anonymous on Sunday, June 20 2010 @ 02:51 PM EDT
- Billing rates - Authored by: jonathon on Sunday, June 20 2010 @ 08:46 PM EDT
- Billing rates -- I'm in the wrong business - Authored by: ka1axy on Monday, June 21 2010 @ 07:31 AM EDT
- Standard consulting markup is 3.5 - Authored by: artp on Monday, June 21 2010 @ 11:38 AM EDT
- Ask PJ what paralegals get paid - Authored by: UncleJosh on Sunday, June 20 2010 @ 03:16 PM EDT
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Authored by: Anonymous on Monday, June 21 2010 @ 12:33 AM EDT |
I believe it's a quite self-centered to believe that Cahn actually reads
anything posted on a small blog.
As for you "usually being proven right" - I'm quite dubious as I'm
still waiting for all those bad things you prophesied that would happen as a
result of the Novell-Microsoft agreement.
As for the IBM-Hercules muck-up - you might want to do a bit of legal research
on the goings-on between IBM and Amdahl back in the 80s: quite relevant and
quite negative to your position.
That case history also goes a long way to giving precedent to Psystar's
position.[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 21 2010 @ 11:53 AM EDT |
One thing I've never been able to figure out is how much time Cahn has been
spending as trustee. He's not shown on Blank Rome's bills. Do we know?
[ Reply to This | # ]
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Authored by: _Arthur on Tuesday, June 22 2010 @ 05:57 PM EDT |
Blank Rome's Fourth Bill, covering both January and February, has just been
posted on Epiq. #1129
Almost another quarter of million gone to legal finagling.
The $100K asset sale costed $72K in legal wrangling alone, exclusive of OPA's
cut.
Who could have thunk they'd sell something at a loss ?[ Reply to This | # ]
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