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SCO Bankruptcy Filings, MOR for January, Dec. Hearing Transcript - Updated
Wednesday, March 25 2009 @ 02:24 AM EDT

There are a lot of filings to catch up on in the SCO bankruptcy, the usual bleeding of the patient with bills and such. Also the monthly operating reports for January from SCO, and the transcript [PDF] from the December hearing which was embargoed until March but is now available. We had put it in the Bankruptcy Timeline page, while I was busy working on other things, but someone asked for it today, so I'll highlight that it is available, in case others missed it. If you check Groklaw's Timeline pages, you'll generally be able to find the document you are looking for. No matter what else is or isn't going on, we keep that updated.

I must say, the transcript couldn't be less interesting, unless you enjoy watching mutual admiration societies and hearing the judge tell SCO's attorneys they are doing an excellent job on the claims process, despite it being an ordeal. It's an awkward conversation, to my taste. See what you think. It will certainly help the attorneys should there ever be a question about their interminable bills, I suppose.

Funny. When I think 'SCO' and 'ordeal' in the same sentence, their attorneys excellence in the bankruptcy claims process isn't what pops into my mind. : D

The real question is, can they write up an excellent reorganization plan that will actually get airborne, one that doesn't stiff creditors Novell and IBM?

Here are the PDFs and the docket entries, so you can sort through it all and see what you find:

03/12/2009 - 719 - Certificate of No Objection (No Order Required) Regarding Seventeenth Interim Application of Berger Singerman, P.A. for Compensation for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession for the Period from January 1, 2009 through January 31, 2009 (related document(s) 707 ) Filed by The SCO Group, Inc.. (Attachments: # 1 Certificate of Service and Service List) (O'Neill, James) (Entered: 03/12/2009)

03/13/2009 - 720 - Quarterly Application for Compensation (Fifth) and Reimbursement of Expenses of Pachulski Stang Ziehl & Jones LLP, as Co-Counsel to the Debtors and Debtors in Possession, for the Period from October 1, 2008 through December 31, 2008 Filed by Pachulski Stang Ziehl & Jones LLP. Objections due by 4/2/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Exhibit C # 5 Affidavit of Service and Service List - Fee Application# 6 Affidavit of Service and Service List - Notice Only) (Makowski, Kathleen) (Entered: 03/13/2009)

03/16/2009 - 721 - Debtor-In-Possession Monthly Operating Report for Filing Period January 2009 for SCO Operations, Inc. Filed by The SCO Group, Inc.. (Attachments: # 1 Affidavit of Service and Service List) (O'Neill, James) (Entered: 03/16/2009)

03/16/2009 - 722 - Debtor-In-Possession Monthly Operating Report for Filing Period January 2009 for The SCO Group, Inc. Filed by The SCO Group, Inc.. (Attachments: # 1 Affidavit of Service and Service List) (O'Neill, James) (Entered: 03/16/2009)

03/16/2009 - 723 - Monthly Application for Compensation [Seventeenth] and Reimbursement of Expenses as Co-Counsel to the Debtors and Debtors in Possession, for the Period from January 1, 2009 through January 31, 2009 Filed by Pachulski Stang Ziehl & Jones LLP. Objections due by 4/6/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service and Service List) (O'Neill, James) (Entered: 03/16/2009)

03/20/2009 - 724 - Interim Application for Compensation (Eleventh) for the period December 1, 2008 through February 28, 2009 Filed by Dorsey & Whitney LLP. Objections due by 4/9/2009. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit D # 4 Exhibit E# (5) Notice) (Schnabel, Eric) (Entered: 03/20/2009)

03/20/2009 - 725 - Certificate of Service Eleventh Monthly Fee Application Filed by Dorsey & Whitney LLP. (Schnabel, Eric) (Entered: 03/20/2009)

03/24/2009 - 726 - Interim Application for Compensation (Eighteenth) for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession for the Period from February 1, 2009 through February 28, 2009 Filed by Berger Singerman, P.A.. Objections due by 4/13/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service and Service List) (Makowski, Kathleen) (Entered: 03/24/2009)

Update: Groklaw's Steve Martin noticed some interesting points, which he left as a comment, and I thought I'd put it here as well:

In going over docket 726's Exhibit A, I note some interesting things.

  • 2/5/2009 -- CONFER, MEMOS, COORDINATE REGARDING STALKING HORSE REQUEST FOR 5% BREAK UP FEE AND OTHER ISSUES PERTAINING TO MOTION TO SELL

    (Looks like there is indeed a "stalking horse" bidder.)

  • 2/17/2009 -- EXCHANGE EMAIL COMMUNICATIONS WITH R. TIBBITTS REGARDING PATENT

    (Patent??)

  • 2/23/2009 -- FOLLOW UP REGARDING SALE MOTION, ISSUES IN OBJECTIONS, RESPONSES AND NEXT STEPS, CONFER AND COORDINATE WITH REORGANIZATION TEAM REGARDING SAME; COORDINATE REGARDING LIST OF INVESTMENT BANKERS TO CONTACT; FOLLOW UP REGARDING REVISIONS TO FORM OF APA AND SALE MOTION, BEGIN TO DRAFT REVISIONS, RIDERS; FOLLOW UP WITH CLIENT AND REORGANIZATION TEAM REGARDING ISSUES RAISED BY ADDITION OF UNIXWARE ASSIGNMENT AND LICENSE

    (UnixWare?? What's up there? Are they now considering dumping UnixWare as well?)

  • 2/23/2009 -- EXCHANGE E-MAIL CORRESPONDENCE WITH DANIEL LAMPERT

    (There is a "Daniel Lampert" list ed as a shareholder in the Berger Singerman firm. Do the lawyers now bill the client just for talking with each other?)

  • 2/24/2009 -- CONTINUE REVIEW AND REVISIONS TO SALE MOTION, APA; COORDINATE AND CONFER WITH INVESTMENT BANKERS AND CLIENT, PROGRESS SALE AND DIP LOAN FUNCTION, COORDINATE WITH BUSINESS REORGANIZATION TEAM REGARDING EFFORTS, ETC; FOLLOW UP; CONFER, MEMOS WITH CLIENT, INVESTMENT BANKERS, BUSINESS REORGANIZATION TEAM, ETC REGARDING ADDING THE LITIGATION UPSIDE AS PART OF THE ASSETS BEING SOLD AND AVAILABLE AS COLLATERAL, COMPENSATION, IN SALE/LOAN EFFORT

    (Now they're talking about making "litigation upside" an asset to be sold. Hm. Wonder who they'd find to buy that asset [sic], and just what valuation due diligence would place on it?)

  • 2/26/2009 -- CONFER REGARDING REVISED TRANSACTION; REVIEW LETTER OF INTENT; REVIEW MATERIALS REGARDING MOTION TO APPROVE SALE; START WORK ON REVISIONS TO MOTION

    (We apparently now have a letter of intent, which in my own mind implies a buyer.)

  • 2/27/2009 -- BEGIN REVISING ASSET PURCHASE AGREEMENT FROM SNCP

    (So SNCP is back in the picture. Wonder if they're once again the "stalking horse" bidder?)

The answer to the question about billing, although it can vary by firm, is that you charge for time spent dealing with the ball of wax the client has handed you. That would include research, conferences with other attorneys, emails, phone calls, etc.

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