decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


To read comments to this article, go here
SCO Asks That Friday's Bankruptcy Hearing on York Payment Be Postponed - Updated
Wednesday, April 16 2008 @ 05:12 PM EDT

Surprise, surprise. SCO has asked that Friday's hearing on the York payment motion be held over until the May 15th omnibus hearing. You can see that on the Notice of Agenda [PDF] just filed. So, don't show up without verifying what is happening. Also, if anyone is able to attend any of the SCO v. Novell trial starting on April 29, please let me know. It looks like neither Webster nor Chris can go this time, so email me if you've been thinking about this.

And there's another filing, another bill [PDF] from Berger Singerman. This bill is for $245,123.70 and that's just for the month of February, and if you look at the breakdown in Exhibit A [PDF], a lot of it ($101,452) is for "Asset Preservation/Distribution", which that month I assume to be the now-defunct deal with Stephen Norris. As a contrast, the bill for "Case Administration" is just $931. They are morphing the plan into something else, an asset purchase supposedly, and meanwhile SCO's attorney Arthur Spector acknowledged at the hearing that there were problems with the plan being filed "piecemeal". He even promised it would never happen again.

So, why would they get paid in full for filing unfinished deals that never got airborne and that anyone would have to know would never get off the runway?

I'm wondering if that thought has crossed his mind too, from his statements at the hearing, where he seemed to be blaming SCO. But he's the lawyer, not SCO execs, so I think the buck stops there. But that's just me.

The firm was paid by SCO prior to SCO filing for bankruptcy the sum of $425,000, and $275,000 of it, they say, was for a retainer for postpetition services, the rest for work they did before SCO filed. So far, so good, from their perspective.

Mesirow has filed another bill too. To paraphrase the US Trustee's trial attorney, Joseph McMahon, I don't know if we can afford another SCO reorganization plan.

Here are the filings:

444 - Filed & Entered: 04/15/2008
Application for Compensation
Docket Text: Monthly Application for Compensation (Sixth) for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession, for the Period from February 1, 2008 through February 29, 2008 Filed by Berger Singerman, P.A.. Objections due by 5/5/2008. (Attachments: # (1) Notice # (2) Exhibit A # (3) Certificate of Service and Service List) (Werkheiser, Rachel)

445 - Filed & Entered: 04/16/2008
Application for Compensation
Docket Text: Monthly Application for Compensation and Reimbursement of Expenses for the Period from March 1, 2008 through March 31, 2008 Filed by Mesirow Financial Consulting, LLC. Objections due by 5/6/2008. (Attachments: # (1) Notice # (2) Exhibit A # (3) Exhibit B # (4) Exhibit C# (5) Certificate of Service and Service List) (Werkheiser, Rachel)

446 - Filed & Entered: 04/16/2008
Hearing Cancelled. Notice of Agenda of Matters Scheduled for Hearing. Docket Text: HEARING CANCELLED. Notice of Agenda of Matters Scheduled for Hearing. Filed by The SCO Group, Inc.. Hearing scheduled for 4/18/2008 at 01:30 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # (1) Certificate of Service and Service List) (Werkheiser, Rachel)

Update: The Berger Singerman bill for March is filed now too:

447 - Filed & Entered: 04/16/2008
Application for Compensation
Docket Text: Monthly Application for Compensation [Seventh] for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession for the Period from March 1, 2008 through March 31, 2008 Filed by Berger Singerman, P.A.. Objections due by 5/6/2008. (Attachments: # (1) Notice # (2) Exhibit A# (3) Certificate of Service and Service List) (Werkheiser, Rachel)


  View Printable Version


Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )