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Bankruptcy Omnibus Hearing for July 12th Cancelled - What Else Is New?
Thursday, July 08 2010 @ 12:20 PM EDT

SCO has cancelled the bankruptcy hearing that was supposed to happen on the 12th, so don't travel to Delaware:
PLEASE TAKE NOTICE that the omnibus hearing scheduled in the above-captioned case for July 12, 2010 at 1:30 p.m. has been cancelled. The next omnibus hearing is currently scheduled for August 16, 2010 at 10:30 a.m.

Poor SCO. They're on a slow boat to nowhere, and they'd rather not arrive just yet, I gather.

Here's the notice:

07/08/2010 - 1133 - Notice of Adjournment // Notice of Hearing Cancellation Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 7/12/2010 at 01:30 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Fatell, Bonnie) (Entered: 07/08/2010)


Bankruptcy Omnibus Hearing for July 12th Cancelled - What Else Is New? | 152 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
News Picks thread
Authored by: nsomos on Thursday, July 08 2010 @ 12:29 PM EDT
Which I learned to write instead of 'Newspicks'.

Should you have comments on News Picks, please place
your comments here.

Help folks out by including a link to the News Pick,
as sometimes the News Picks scroll off the main page.

[ Reply to This | # ]

Bankruptcy Omnibus Hearing for July 12th Cancelled - What Else Is New?
Authored by: DaveJakeman on Thursday, July 08 2010 @ 12:31 PM EDT
Funny, I'd have thought they might have something interesting to talk about now.
Perhaps not.

[ Reply to This | # ]

I wonder if that Cahn will go there
Authored by: IMANAL_TOO on Thursday, July 08 2010 @ 12:33 PM EDT
I wonder if that Cahn will go there. He has appeared a bit reality challenged
since he took over, so it wouldn't surprise me.




[ Reply to This | # ]

SCOXQ.PK market cap below $650K
Authored by: Anonymous on Thursday, July 08 2010 @ 12:46 PM EDT
Trade @9:30am: US$0.03

One more penny drop on the stock price, and they will have tied their lowest
price ever.

[ Reply to This | # ]

how long can SCO unilaterally cancel hearings ?
Authored by: nsomos on Thursday, July 08 2010 @ 12:47 PM EDT
I am wondering how long SCO can unilaterally cancel hearings.
Until they get smacked for it I suppose. It does seem to
be a dandy way to avoid having to face the music, or facing
Novell and others. I have suspicions that although Cahn
asked and Gross approved the constructive trust payment to
Novell, that it was all for show. Cahn may not have sent
said payment to Novell, but instead is using it (until some
other source of funds is found) to keep the litigation ball
rolling. Based on what we have seen of the MOR's it is
unlikely that there is any money left at all, other than
what was supposed to be in the trust. By asking and getting
approval from Gross for the payment to Novell, Cahn can
put his hands on that money so to speak. I hope some of
the truth will come out eventually, much as we can see
with some of the COMES documents. We have had a bunch
of money making opportunities presented here that Cahn
may wish to consider.

[ Reply to This | # ]

They'd rather be on the slow boat than the cart
Authored by: Anonymous on Thursday, July 08 2010 @ 12:49 PM EDT
Can't blame them, really.

[ Reply to This | # ]

Corrections if any here please
Authored by: nsomos on Thursday, July 08 2010 @ 01:13 PM EDT
Should there be corrections, this would be the place to post.
It may be helpful to summarize the correction in the title ..
e.g. misteak -> mistake


[ Reply to This | # ]

Off Topic posts here please
Authored by: nsomos on Thursday, July 08 2010 @ 01:17 PM EDT
Post here for topics not relevant to this article,
but on topic for Groklaw in general. If you post
on-topic here, you may be made fun of. Try to not
only remember the comment guidelines, but do follow
them as well. Thanks.

[ Reply to This | # ]

COMES posts here please
Authored by: nsomos on Thursday, July 08 2010 @ 01:23 PM EDT
If you can help PJ out by transcribing a
COMES document, please place it here
with HTML formatting, but posted plain text
to make it easy to cut-n-paste. Thanks.

[ Reply to This | # ]

Possible explaination?
Authored by: Sunny Penguin on Thursday, July 08 2010 @ 01:31 PM EDT
Could the script writers for Monty Python have went into the legal field?

EOD is a science of vague assumptions based on debatable data taken from
inconclusive experiments with instruments of problematic accuracy by persons of

[ Reply to This | # ]

Bankruptcy Omnibus Hearing for July 12th Cancelled - What Else Is New?
Authored by: Anonymous on Thursday, July 08 2010 @ 01:37 PM EDT
SCO - The Lindsay Lohan of technology. How man chances do they think they
deserve, why is it always someone else fault? Perhaps Judge Cahn lost his
passport in Cannes and can't travel from "The Land of Make Believe" to

Can someone please check SCO's nail polish.

[ Reply to This | # ]

20 Largest Creditors
Authored by: argee on Thursday, July 08 2010 @ 01:39 PM EDT
The service list is interesting. There are 16 such
creditors listed ... the vast majority are investment
firms, accountants, legal advisors, etc.

In any Chapter 7/11 procedure, these are the ones that
will drive the details of reorganization or liquidation.

I believe the rule is One Dollar=One Vote, but only the
top 20 or so are allowed to vote.

Gives a new insight to what is going to happen.


[ Reply to This | # ]

Authored by: turambar386 on Thursday, July 08 2010 @ 01:51 PM EDT
Where is Novell's renewed motion to lift the stay on the arbitration, dagnabit?

[ Reply to This | # ]

Objection deadline is 4:00pm today for Billings submitted
Authored by: Anonymous on Thursday, July 08 2010 @ 02:57 PM EDT
The objection deadline is 4:00 pm local on July 8th for the Blank Rome and OPA billing.

The hearing may be canceled for "vacation" reason, but what happens if an objection to the billing is filed. This would roll the clock to August. If no objection is forthcoming, the Billing will have CNO filed and bills become payable in Mid-July.

[ Reply to This | # ]

They're not on a boat
Authored by: Anonymous on Thursday, July 08 2010 @ 03:04 PM EDT
They're on a bus. An omni-bus. A very slow Omni-bus To Hell (OTH). It goes in
every direction, for a while, as long as the wind is blowing that way.

The bus driver looks suspiciously like the alleged "judge" in the
bankruptcy court. I say alleged because anybody that unfair to victims of fraud
and extortion yet allows the perps to continue their nefarious acts doesn't
deserved to be called a real judge.

[ Reply to This | # ]

Where is the US Trustee?
Authored by: Anonymous on Thursday, July 08 2010 @ 03:33 PM EDT

The proper person to object is the US Trustee. "The U.S. trustee is responsible for monitoring the debtor in possession's operation of the business and the submission of operating reports and fees. Additionally, the U.S. trustee monitors applications for compensation and reimbursement by professionals, plans and disclosure statements filed with the court, and creditors' committees. The U.S. trustee conducts a meeting of the creditors, often referred to as the "section 341 meeting," in a chapter 11 case. 11 U.S.C. 341. The U.S. trustee and creditors may question the debtor under oath at the section 341 meeting concerning the debtor's acts, conduct, property, and the administration of the case.". See

Note that that applies to the US Trustee, represented by Joseph McMahon. Not to be confused with the Chapter 11 Trustee, Cahn, whose main objective seems to be to siphon off as much of SCO's assets to Blank Rome as possible, and Bonnie Fatell, a very competent lawyer who is helping him to do just that, not surprisingly, since she works for Blank Rome.

Gross will do nothing to stop Cahn gutting the corpse of SCO unless someone files a motion. I believe it's up to Joseph McMahon, who does seem to care about the law.

[ Reply to This | # ]

Slow boat to nowhere?
Authored by: Imaginos1892 on Thursday, July 08 2010 @ 04:07 PM EDT
Looks more like a slow boat to the brink of a waterfall
from here. No wonder they're dragging the anchor.
Nobody expects the Spanish Inquisition!!

[ Reply to This | # ]

Just a game now?
Authored by: Jamis on Thursday, July 08 2010 @ 04:32 PM EDT
Ever since the last jury decision, it seems like this has become just a game to
see how long they can drag out the end of SCO. There are no real chapter 11
activities in play, just a repeated delay of the inevitable. The only real
question left is what will R. Y. do with the carcass when it becomes his?

Actually, I am not really looking forward to that day.

[ Reply to This | # ]

pungent aroma
Authored by: SilverWave on Thursday, July 08 2010 @ 04:58 PM 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 | # ]

Just Curious
Authored by: rps on Thursday, July 08 2010 @ 05:20 PM EDT
IANAL so I'm curious - can SCO continue to do this indefinitely?

[ Reply to This | # ]

SCO moves to stay the Novell Trial "taxation of costs" pending appeal
Authored by: Anonymous on Thursday, July 08 2010 @ 06:02 PM EDT
Docket 883: SCO moves to stay the Novell trial bill (315K) pending its appeal.

A word-for-word similar request was denied by Kimball in 2007 without a hearing.

[ Reply to This | # ]

Bankruptcy Omnibus Hearing for July 12th Cancelled - What Else Is New?
Authored by: Jeffrey on Thursday, July 08 2010 @ 06:13 PM EDT
From the previous story: Because three trials isn't enough when you're not having fun.
Speaking of which, I confess. I'm so sick of SCO I could spit. - PJ

Well, at least spitting is doing something!

Really!? There's nothing that we can do about this? We MUST be able to do something
to highlight the abuse of the legal system and the bankruptcy court?

Perhaps we need to shine a great deal of light on Judge Kevin Gross, Judge Edward Cahn,
US Trustee Joseph J. McMahon via the press. I'm roughly an hour from Wilmington. Can I
get Press Credentials from Groklaw? After all, this is a VERY bizarre case ... right?

<sigh> Perhaps this is what ALL bankruptcy cases are like. </sigh> <<<shudder>>>

[ Reply to This | # ]

Couldn't everyone just sue the judge of the bankruptcy court?
Authored by: chris hill on Friday, July 09 2010 @ 01:05 AM EDT

Given what's been happening, and the number of objections, played systems, and other things the judge has let go, if not been a party to as it is if he never read anything but the SCO documents and has not given a good explanation for going along with just about everything SCO asked for, can't the creditors take the judge to court for allowing and promoting the waste and financial malfeasance of the company in question?

After all, the decisions have allowed draining the funds that SCO had to different accounts of people involved with the least amount of claims while the big claims are ignored. In addition, it is as if the judge wants SCO to end up without money to pay creditors, and selling off assets at a loss. The question then becomes is it governments fault, local, state, or federal, for allowing this judge of the bankruptcy court to ignore and find for a company that has proven they do not have a case to stand on?

[ Reply to This | # ]

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