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SCO Gets to Dispose or Abandon or Destroy its Property, including Business Records ~pj
Thursday, February 21 2013 @ 03:53 PM EST

I'm sure you will not be surprised to learn that SCO Group, now calling itself TSG, has been granted its wish by its most reliable fairy godmother, the Delaware bankruptcy court, and will be allowed to destroy or dispose of its remaining business records and computers. Nobody cared enough to intervene to block, not that the outcome would have been any different, I don't think, if they had:

02/20/2013 - 1475 - Certification of Counsel Regarding Chapter 7 Trustee's Motion for Entry of an Order Authorizing Abandonment, Disposal, and/or Destruction of Property and Payment of Related Expenses (related document(s)1474) Filed by Edward N. Cahn, Chapter 7 Trustee. (Attachments: # 1 Exhibit A # 2 Exhibit B) (Tarr, Stanley) (Entered: 02/20/2013)

02/20/2013 - 1476 - HEARING CANCELLED/RESCHEDULED. Notice of Agenda of Matters Scheduled for Hearing. Filed by Edward N. Cahn, Chapter 7 Trustee. Hearing scheduled for 2/22/2013 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # 1 Certificate of Service) (Tarr, Stanley) (Entered: 02/20/2013)

02/20/2013 - 1477 - Order Authorizing Abandonment, Disposal, and/or Destruction of Property and Payment of Related Expenses (related document(s)1474, 1475) Order Signed on 2/20/2013. (SB) (Entered: 02/20/2013)

So, about that "dispose" part... I wonder who gets all the materials?

The order just says, in effect, do whatever you said in your motion. And if you recall, the motion said this:
The Trustee is exploring various means of disposing of the Obsolete Property, including, without limitation, hiring a former employee of the Debtors on an hourly basis to determine whether certain of the Obsolete Property contains confidential information that may require special disposal. Accordingly, the Trustee respectfully requests authority to dispose of any Obsolete Property as the Trustee deems reasonable and appropriate.
Special disposal, according to their wish and inclination. And the funny part of this footnote to history is that nobody even cared enough to try to prevent it.

Do you realize Groklaw has been reporting on this crazy SCO saga for ten years as of March May? We're still here. SCO? Not so much.


  


SCO Gets to Dispose or Abandon or Destroy its Property, including Business Records ~pj | 108 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SCO Gets to Dispose or Abandon or Destroy its Property, including Business Records ~pj
Authored by: Anonymous on Thursday, February 21 2013 @ 03:58 PM EST
Give 'em to Groklaw!!!!!!!

[ Reply to This | # ]

Inclination
Authored by: Tolerance on Thursday, February 21 2013 @ 03:59 PM EST
The article's phrase 'Special disposal, according to their
wish and inclination' caused me a brain spasm. For some reason
I at first read "inclination" as "incineration" ...

---
Grumpy old man

[ Reply to This | # ]

Ten years after
Authored by: BJ on Thursday, February 21 2013 @ 04:22 PM EST
I was 44 and young when I joined!

Maybe us Groklaw old hands should throw a party.
Not that many questions don't remain unanswered.

bjd


[ Reply to This | # ]

How does this affect IBM litigation?
Authored by: Anonymous on Thursday, February 21 2013 @ 04:25 PM EST
Curious how SCO can destroy its records when there is still a
live court case pending against IBM. Does this mean dismissal
of that case? Or have I missed something?

[ Reply to This | # ]

"So, about that "dispose" part... I wonder who gets all the materials?"
Authored by: Anonymous on Thursday, February 21 2013 @ 05:04 PM EST
With all due respect, why don't you mind your own business?

Thank you.

[ Reply to This | # ]

How To Dispose Of Business Records
Authored by: sk43 on Thursday, February 21 2013 @ 05:43 PM EST
TSG has three rental storage units filled with old business records that it needs to clean out. Hmm, sounds like a job that is going to require heavy moving equipment, such as trucks and forklifts, to get all that stuff out of there. Surely TSG has some of those on hand ... oh wait.

Dec 7, 2009, Motion to Approve Certain Procedures for the Sale, Transfer or Abandonment [SCOBK-983]:

"The Trustee anticipates selling various De Minimis Assets to third parties ... because such De Minimis Assets MAY NO LONGER BE NECESSARY for operation of the Debtors' businesses .... Such ... Assets may include ... TRUCKS AND FORKLIFTS ..."

I think we see a pattern - employees and assets are released, but then hired back after it is realized that they are still needed.

[ Reply to This | # ]

Off topic
Authored by: gfim on Thursday, February 21 2013 @ 05:55 PM EST
Discuss things unrelated to SCO here...

---
Graham

[ Reply to This | # ]

Newspicks
Authored by: JamesK on Thursday, February 21 2013 @ 06:16 PM EST
Please include item title.


---
The following program contains immature subject matter.
Viewer discretion is advised.

[ Reply to This | # ]

So SCO gets a get out of jail free card
Authored by: Anonymous on Thursday, February 21 2013 @ 06:24 PM EST
This was the objective of bankruptcy all along.

Ralph started a scam, blew it, and everything after IBM said "see you in
court" has been aiming for this motion to cover his tracks and avoid jail
time for those pesky Lanham Act counterclaims IBM nuked him with.

Well played, Ralph. Here's hoping your next scam plays out in a system that
isn't so easily gamed.

[ Reply to This | # ]

As a UK citizen this seems insane!
Authored by: TiddlyPom on Friday, February 22 2013 @ 04:52 AM EST
From the Wikipedia article
Bankruptcy fraud is a white-collar crime. While difficult to generalise across jurisdictions, common criminal acts under bankruptcy statutes typically involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, and fee fixing or redistribution arrangements. Falsifications on bankruptcy forms often constitute perjury. Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U.S., bankruptcy fraud statutes are particularly focused on the mental state of particular actions. Bankruptcy fraud is a federal crime in the United States.
Also see these two references 1 and 2 from http://www.justice.gov

I though that these document had to be preserved through the liquidation of the company!

---
Support Software Freedom - use GPL licenced software like Linux and LibreOffice instead of proprietary software like Microsoft Windows/Office or Apple OS/X

[ Reply to This | # ]

SCO Gets to Dispose or Abandon or Destroy its Property, including Business Records ~pj
Authored by: Anonymous on Friday, February 22 2013 @ 08:03 AM EST
'We're still here. SCO? Not so much.'

Love it!

[ Reply to This | # ]

Hah!
Authored by: Anonymous on Friday, February 22 2013 @ 10:12 AM EST
Someone should break into their warehouse and scoop up all their old business
documents before they get there to shred them.


...I kid, I kid! Surely all the incriminating stuff was shredded long ago,
anyway.

...Then again, knowing how inept Darl and his SCO minions turned out to be,
maybe they missed some good stuff ?

[ Reply to This | # ]

  • Huh? - Authored by: Anonymous on Friday, February 22 2013 @ 12:35 PM EST
  • Gotta get 'em all... - Authored by: Anonymous on Friday, February 22 2013 @ 04:50 PM EST
Darl is still on FaceBook
Authored by: Anonymous on Friday, February 22 2013 @ 07:22 PM EST
He has lot's of friends around the world that still claim to work for SCO. Also many friends that have a lot of money and influence in Utah. Then there is his wife that must be related to former LDS president Spencer Kimball. A lot of former SCO undrels on FB too.

Friend Me!

[ Reply to This | # ]

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