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To read comments to this article, go here
SCO's Bankruptcy Hearing Tomorrow Changed to 8:30 AM - Updated
Monday, September 17 2007 @ 02:48 PM EDT

The bankruptcy hearing tomorrow has been changed to 8:30 AM, according to the latest on PACER. There is a Notice setting forth what will and what won't be heard that day. Everything will be heard *except* the motions to retain Berger Singerman and Pachulski Stang as co-counsel and Epiq Bankruptcy Solutions and the motion to pay all the lawyers and other professionals monthly. That will be heard at another hearing to be announced. I may not be the only one wondering how many lawyers one needs to file for bankruptcy. Or it could be they thought there were just too many motions for a single hearing. They will hear the motion about hiring temps to cover for the finance department employees SCO fired or who quit that I told you about earlier today.

On the list of folks who got the notice one sees the top creditors we noted on SCO's list, like Microsoft and Sun Microsystems, as well as a Joe McMann, United States Trustee. So he must be the newly assigned trustee. Nobody notified Novell or IBM or Red Hat. However, I'm guessing Novell needs no invitation to follow along.

Update: SCO has filed a Notice of Late Filing with the SEC about the 10Q they haven't filed. "The Company was unable to complete the preparation of the Form 10-Q Quarterly Report on a timely basis due to additional and unusual administrative work loads as a result of the bankruptcy filing." Not to mention the unfortunate firing/quitting of approximately half of the finance department, one assumes.

And question 3 has an interesting answer on the SEC filing:

(3) Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof ?
Yes No
If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

Revenue for the three and nine months ended July 31, 2007 decreased by approximately 37% and 24%, respectively, from the three and nine months ended July 31, 2006. The decrease in revenue for the three and nine months ended July 31, 2007 was attributable to continued competitive pressures on the Company’s UNIX products and services as well as from continuing negative publicity related to our lawsuits with Novell and IBM which has adversely impacted our customers’ buying decisions.

The net loss for the three and nine months ended July 31, 2007 improved over the net loss for the three and nine months ended July 31, 2006 as a result of decreased operating costs and a decrease in cost of SCOsource licensing revenue, which were offset by a decrease in revenue as mentioned above.

Let me guess. It's everyone's fault but SCO's. They have a lot of nerve talking about negative publicity, after doing all in their power to create a PR storm of negativity toward Linux, IBM, Groklaw, Novell, and Red Hat. Plus, let me get this straight. A Linux company decides not to sell Linux any more. It sells only Unix by choice. When Linux is preferred by customers, instead of selling Linux again, it goes bankrupt. And blames Linux.

Yes. That is so unfair to SCO. They should probably sue somebody.

Here's what is on PACER about the hearing:

15 - Filed & Entered: 09/17/2007
Notice of Matters Scheduled for Hearing (B)
Docket Text: Notice of Agenda of Matters Scheduled for Hearing on First Day Motions Filed by The SCO Group, Inc.. Hearing scheduled for 9/18/2007 at 08:30 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # (1) Certificate of Service and Service List) (Werkheiser, Rachel)

16 Filed & Entered: 09/17/2007
Notice of Hearing (B)
Docket Text: Amended Notice of Hearing on First Day Motions --Please note change in time to 8:30 a.m. (related document(s)[13] ) Filed by The SCO Group, Inc.. Hearing scheduled for 9/18/2007 at 08:30 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

17 Filed & Entered: 09/17/2007
Motion to Appear pro hac vice (B)
Docket Text: Motion to Appear pro hac vice of Arthur J. Spector. Receipt Number 146927, Filed by The SCO Group, Inc.. (Jones, Laura Davis)


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