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To read comments to this article, go here
Hearing Nov. 6th on Novell's Lift of Stay Motion and SCO's Asset Sale Motion
Wednesday, October 24 2007 @ 06:46 PM EDT

This seems just a little bit odd. SCO yesterday filed its Motion to Fix a Hearing Date and Shorten Time on its Emergency Motion for an Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale. The Certificate of Service [PDF] shows that it was served yesterday by "Overnight Delivery."

The judge already signed the Order today. So he signed it before anyone could carefully read it, let alone oppose it. Now, I freely confess that I'm not a specialist in this area, but perhaps any bankruptcy folks out there can tell us if that is normal. It certainly isn't in other civil courts. I guess Delaware got its friendly-to-corporations reputation for a reason.

Anyway, the fireworks are scheduled for the hearing on November 6, when both SCO's "we want to sell our assets and keep our liabilities" motion and the argument over whether or not to lift the stay so Novell can get a dime out of this will both be heard. I'm sure you can see a connection between the two. That's November 6 at 11 AM. Objections to SCO's motion to sell its assets to York Capital/hold an auction must be filed by November 1 by 4 PM.

Another filing is the request by SCO to keep Tanner as its accountants. The only other interesting filing is a stipulation [PDF] between Novell and SCO that relates to SCO's assertion, the Utah August 10 ruling notwithstanding, that the money Novell says it is due is part of the SCO estate. If it were part of the estate, as SCO claims, then a certain time-related rule could kick in and SCO apparently was worried Novell would say the stay had been lifted. That is the kind of procedural trick SCO might pull, but Novell stipulates that it has no plan to pull a fast one, and that the stay is in place unless the court orders otherwise. So, a lot depends on what happens on November 6. If SCO gets the judge to rubberstamp the plan, and the auction/sale happens, I don't really see how anyone gets paid, other than York, SCO, its management, and whoever is backing this little adventure, who presumably feels it is getting its money's worth somehow.

Today's filings:

154 - Filed & Entered: 10/23/2007
Certificate of Service
Docket Text: Certificate of Service Regarding Emergency Motion of the Debtors for an Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale (related document(s)[149] ) Filed by The SCO Group, Inc.. (O'Neill, James)

155 - Filed & Entered: 10/23/2007
Certificate of Service
Docket Text: Certificate of Service Regarding Motion to Fix a Hearing Date and Shorten Time on Emergency Motion of the Debtors for an Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale (related document(s)[151] ) Filed by The SCO Group, Inc.. (O'Neill, James)

156 - Filed & Entered: 10/24/2007
Order on Motion to Shorten Time
Docket Text: Order Fixing Hearing and Shortening Notice on Emergency Motion of the Debtors for an Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale. (Related Doc # [151]) Order Signed on 10/24/2007. (LCN, )

157 - Filed & Entered: 10/24/2007
Notice of Hearing (B)
Docket Text: Notice of Hearing Notice of Emergency Motion of the Debtors for an Order (A) Approving Asset Purchase Agreement, (B) Establishing Sale and Bidding Procedures, and (C) Approving the Form and Manner of Notice of Sale (related document(s)[156], [151], [149] ) Filed by The SCO Group, Inc.. Hearing scheduled for 11/6/2007 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 11/1/2007. (Attachments: # (1) Exhibit A # (2) Certificate of Service and Service List) (O'Neill, James)

158 - Filed & Entered: 10/24/2007
Application to Employ (B)
Docket Text: Application to Employ Tanner LC as Accountants to the Debtors Nunc Pro Tunc to October 2, 2007 Filed by The SCO Group, Inc.. Hearing scheduled for 12/5/2007 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 11/13/2007. (Attachments: # (1) Notice # (2) Exhibit A - Declaration of Kent M. Bowman# (3) Exhibit B # (4) Proposed Form of Order # (5) Certificate of Service and Service List) (O'Neill, James)

159 Filed & Entered: 10/24/2007
Certification of Counsel
Docket Text: Certification of Counsel Regarding the Order Approving the Stipulation Between the Debtors and Novell, Inc. Consenting to Hearing on November 6, 2007 (related document(s)[150], [89] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit 1) (O'Neill, James)

160 - Filed & Entered: 10/24/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service of Kimberly A. Beck re: Docket Nos. [141], [142] and [143] (related document(s)[143], [142], [141] ) Filed by Novell, Inc.. (Nestor, Michael)


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