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To read comments to this article, go here
Correcting the Media Reports on the Alleged Approval of the Sale to York
Monday, October 29 2007 @ 12:02 PM EDT

I'm getting a lot of email on stories in the media claiming that SCO got approval last week from Bankruptcy Court to sell its Unix assets to York. That is not correct information, even if you did read it in Sys-Con. (It's at http://www.sys-con.com/read/451156.htm, but I decided not to make a link because unless you love Javascript, popups and unasked for music, you might not enjoy your visit, and I didn't want you to click before you read a warning.)

Here's the accurate information: SCO has asked the court to let it do so, and in connection with its motion, it filed a proposed order [PDF], but it hasn't yet received permission to do it.

Here's the docket entry, and notice what the proposed order is called:

149 - Filed & Entered: 10/23/2007
Motion to Approve (B)
Docket Text: Motion to Approve 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 Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Proposed Form of Order) (O'Neill, James)

If you open that PDF, look on the last page. The judge has not signed it. The date is blank, but indicates he won't sign it until some day in November. It's just a proposed order. You typically do offer a proposed order with all motions.

Before the judge signs any order, first, there had to be notice to all interested parties [PDF] which has happened, and then they get to object if they wish to, which hasn't happened yet because the deadline to file them is November 1, and then there will be a hearing, now scheduled for November 6. Then, only after all of that, the judge will render his decision. And then there would be an auction, and York would only become the owner if it offered the successful bid.

SCO had also filed a motion to speed up the hearing date to the 6th, and the judge did OK that request. Here's the Order [PDF].

Groklaw has a Bankruptcy Timeline page, where you can easily follow the bouncing ball on all this. Did you really think that SCO would have gotten permission to sell all its Unix assets without Groklaw mentioning it? Court stuff is complicated, I know. But that's what Groklaw is for. Trust me that if it happens, you'll hear it here.


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