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Today's bankruptcy filings - IBM's Lawyer Arrives - Updated 2Xs - Fri. Hearing Cancelled
Thursday, October 04 2007 @ 12:50 PM EDT

SCO's attorneys are filing papers like a blizzard, certificates of no objection to them getting retained and paid and so forth. And here comes IBM's attorney, Richard Levin, who files his pro hac vice application.

It's a bit like this, I think. You know in movies about warfare in Shakespeare's plays, how the two armies line up the night before on either side of a large field? That's what this feels like to me. The battle is being prepared for, the two (or more) sides are planning their strategies, and so far what we see are some horses, some bonfires, some banners waving, and some armies in the restless gloom waiting for the sun to rise so they can have at it.

There may well be more filings as the day goes on. Bankruptcies are paper-intensive, because you have to ask permission before you can do anything. Well. SCO has its own ways, as you have observed.

Update 2: Hearing Friday is cancelled:

10/04/2007 88
HEARING CANCELLED. Notice of Agenda of Matters Scheduled for Hearing. (related document(s)72, 85 ) Filed by The SCO Group, Inc.. Hearing scheduled for 10/5/2007 at 01:30 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # Affidavit of Service and Service List) (O'Neill, James) (Entered: 10/04/2007)


Here are all the new documents so far today:
75 - Filed & Entered: 10/04/2007
Declaration in Support
Docket Text: Declaration in Support Supplemental Declaration of Arthur J. Spector in Support of Application of Debtors for Approval, Pursuant to 11 U.S.C. Section 327(a) and Fed. R. Bankr. P. 2014(a) and 2016, of Employment of Berger Singerman as Counsel for Debtors (related document(s)[4] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Attachment) (O'Neill, James)

76 - Filed & Entered: 10/04/2007
Certificate of No Objection
Docket Text: Certificate of No Objection Regarding Application of the Debtors Pursuant to 11 U.S.C. Section 327(a) and Fed. R. Bankr. P. 2014(a) and 2016, for Approval of Employment of Berger Singerman, P.A. as Counsel for Debtors Nunc Pro Tunc to the Petition Date (related document(s)[4] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Proposed Form of Order # (2) Certificate of Service and Service List ) (O'Neill, James)

77 - Filed & Entered: 10/04/2007
Certification of Counsel
Docket Text: Certification of Counsel Regarding the Order Granting Prepetition U.S. Incentive Bonus in Debtors' Motion for an Order (I) Authorizing the Debtors to (A) Pay Prepetition Wages, Salaries, Commissions, Employee Benefits and Other Compensation; (B) Remit Withholding Obligations; (C) Maintain Employee Benefits Programs and Pay Related Administrative Obligations; and (II) Authorizing Applicable Banks and Other Financial Institutions to Receive, Process, Honor and Pay Certain Checks Presented for Payment and to Honor Certain Fund Transfer Requests (related document(s)[8], [27], [43] ) Filed by The SCO Group, Inc.. (Attachments: # 1 (1) Proposed Form of Order) (O'Neill, James)

78 - Filed & Entered: 10/04/2007
Certificate of No Objection
Docket Text: Certificate of No Objection Regarding Debtors' Motion for an Administrative Order Under 11 U.S.C. Sections 105(a) and 331 Establishing Procedures for Interim Monthly Compensation and Reimbursement of Expenses of Professionals and Reimbursement of Expenses of Committee Members (related document(s)[6] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Proposed Form of Order # (2) Certificate of Service and Service List) (O'Neill, James)

79 - Filed & Entered: 10/04/2007
Affidavit
Docket Text: Affidavit (Supplemental) of Laura Davis Jones in Support of Application of the Debtors Pursuant to Section 327(a) of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure and Local Rule 2014-1 for Authorization to Employ and Retain Pachulski Stang Ziehl & Jones LLP as Bankruptcy Co-Counsel for the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date (related document(s)[5], [37] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit A) (O'Neill, James)

80 - Filed & Entered: 10/04/2007
Motion to Appear pro hac vice (B)
Docket Text: Motion to Appear pro hac vice for Richard B. Levin. Receipt Number 149061, Filed by IBM Corp.. (Silverstein, Laurie)

Update: I figured there would be more, and here it is:

81 - Filed & Entered: 10/04/2007
Certificate of No Objection
Docket Text: Certificate of No Objection Regarding Application of the Debtor Pursuant to Section 327(a) of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure and Local Rule 2014-1 for Authorization to Employ and Retain Pachulski Stang Ziehl & Jones LLP as Co-Counsel for the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date (related document(s)[5] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Proposed Form of Order) (O'Neill, James)

82 - Filed & Entered: 10/04/2007
Notice of Withdrawal (B)
Docket Text: Notice of Withdrawal from Exhibit A to the Debtors' Motion for an Order Under Section 366 of the Bankruptcy Code (i) Prohibiting Utility Providers from Altering, Refusing or Discontinuing Service, (ii) Deeming Utilities Adequately Assured of Future Performance, and (iii) Establishing Procedures for Determining Adequate Assurance of Payment (related document(s)[10], [42], [30] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

83 - Filed & Entered: 10/04/2007
Certification of Counsel
Docket Text: Certification of Counsel Regarding the Final Order Under Section 366 of the Bankruptcy Code (i) Prohibiting Utility Providers from Altering, Refusing or Discontinuing Service, (ii) Deeming Utilities Adequately Assured of Future Performance, and (iii) Establishing Procedures for Determining Adequate Assurance of Payment (related document(s)[10], [42], [30] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit A - Proposed Final Order) (O'Neill, James)

84 - Filed & Entered: 10/04/2007
Certification of Counsel
Docket Text: Certification of Counsel Regarding the Final Order Pursuant to Sections 105(a) and 363 of the Bankruptcy Code Authorizing the Debtors to Employ and Compensate Temporary Employees (related document(s)[39], [14], [33] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit A - Proposed Final Order) (O'Neill, James)

85 - Filed & Entered: 10/04/2007
Notice of Matters Scheduled for Hearing (B)
Docket Text: Amended Notice of Agenda of Matters Scheduled for Hearing (related document(s)[72] ) Filed by The SCO Group, Inc.. Hearing scheduled for 10/5/2007 at 01:30 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Jones, Laura Davis)

86 - Filed & Entered: 10/04/2007
Certificate of Service
Docket Text: Certificate of Service (and Service List) Regarding Amended Notice of Agenda of Matters Scheduled for Hearing on October 5, 2007, at 1:30 p.m. (related document(s)[85] ) Filed by The SCO Group, Inc.. (O'Neill, James)

87 - Filed & Entered: 10/04/2007
Order
Docket Text: Order Granting Prepetition US Incentive Bonus in Debtors? Motion for an Order (1) Authorizing the Debtors to (A) Pay Prepeition Wages, Salaries, Commissions, Employee Benefits and Other Compensation; (B) Remit Withholding Obligations; (C) Maintain Employee Benefits Programs and Pay Related Administrative Obligations; and (II) Authorizing Applicable Banks and Other Financial Institutions to Receive, Process, Honor and Pay Certain Checks Presented for Payment and to Honor Certain Fund Transfer Requests(related document(s)[8], [43], [27] ) Order Signed on 10/4/2007. (LJS, )

You can see there is a new agenda for Friday's hearing, and if you would like to compare, here's the earlier version [PDF]. THe judge has signed an order authorizing paying SCOfolk, including incentive bonuses up to $30,000, but another bonus issue will be heard at the November hearing. That should be interesting to listen to.


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