There have been some last-minute changes so I thought it'd be good to update our agendas for the hearings on Tuesday, November 6 and November 16 so you will know when to show up for the hearing that interests you. As you know, SCO's "Please Can We Sell All Our Assets -- and Novell's and IBM's Too! -- So They Can't Get A Dime and We Can Litigate Ever Onward" motion will have its own hearing on November 16, beginning at 4 PM, because both IBM and Novell objected. Technically, SCO calls it 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.
Remember the time change too. The hearing on November 6 now begins at 10 AM Eastern Time. You can read the agenda in the PDF, but I've put the various motions into categories to make it a little easier. The links are all PDFs, but you can find links to articles about each document or text when we have them on Groklaw's Bankruptcy Timeline page, which Erwan is working to make even easier to navigate. He wrote a script so you can leap from the numbered document listed for each hearing straight to the document in the docket list and if you see a bracketed number referencing an earlier filing in the center column of text, like a response to a motion, you can click on the bracketed number and leap to the motion it refers to. I'm having fun playing with our new bankruptcy bouncing ball. More to come.
Here are the motions that will be heard on Tuesday, November 6:
Here are the motions that are continued and will be heard another day: A couple of uncontested matters were partially resolved or almost resolved, so they may or may not need a hearing and a revised order will be offered at the hearing on November 6, but if they do need a hearing, it won't be on November 6: - Application to Employ Dorsey & Whitney, LLP as Special Counsel to the Debtors. There's a note that indicates that the US Trustee has issues: "The Debtors, Dorsey & Whitney, LLP, and the Office of the United States Trustee ("UST") are attempting to resolve the UST's informal response to this Application. If a resolution can be reached, the Debtors will present a revised proposed form of order at the hearing, or if after the hearing, under certification of counsel. To the extent that a resolution cannot be reached, the parties request that this matter be continued to the hearing scheduled on December 5, 2007 at 10:00 a. m. prevailing Eastern time.
- Debtors' Motion for Approval of Employment of CFO Solutions to Furnish Chief Financial Officer to the Debtors. Again, there is a note indicating the US Trustee has some issues: "The Debtors and the Office of the United States Trustee ("UST") are attempting to resolve the UST's informal response to this Motion. If a resolution can be reached, the Debtors will present a revised proposed form of order at the hearing, or if after the hearing, under certification of counsel. To the extent that a resolution cannot be reached, the parties request that this matter be continued to the hearing scheduled on November 16, 2007 at 4:00 p.m. prevailing Eastern time.
So that's the schedule and the agenda for the two hearings as of this moment. All of this could change still. Bankruptcy Court is a blast. So call first.
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