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What's Scheduled for the July 27th Bankruptcy Hearing?
Friday, July 24 2009 @ 09:13 AM EDT

We have the Notice of Agenda, the list of all the matters that will be handled at the SCO bankruptcy hearing on the 27th, barring any more Perry Mason moments, and Noah Phillips' motion for admission pro hac vice was granted. So he hops on board just in time for the most intriguing hearing ever. Barring last-minute dramatics, the agenda boils down to the three motions by IBM, Novell and the US Trustee to convert, or dismiss, SCO's bankruptcy to Chapter 7, plus SCO's motion to sell to unXis, and its motion for authority to assume and assign executory contracts and leases, and finally the SCO motion to seal the Appendix to its response to the IBM and Novell motions to dismiss or convert.

But there absolutely will be dramatics, I think we can safely assume, due to the information IBM has presented in its Objection to the sale on what it has found out in discovery. The word fraud has surfaced, and allegations of bad faith, so nothing else matters in comparison.

Here are the documents:

07/23/2009 861 Order Granting Motion for Admission pro hac vice of Noah J. Phillips, Esquire. (Related Doc # 859 ) Order Signed on 7/23/2009. (BMT) (Entered: 07/23/2009)

07/23/2009 - 862 Notice of Agenda of Matters Scheduled for Hearing Filed by The SCO Group, Inc.. Hearing scheduled for 7/27/2009 at 09:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # 1 Certificate of Service and Service Lists) (Makowski, Kathleen) (Entered: 07/23/2009)

Here are the documents, all PDFs with text for some, that you'll need to follow along, if you attend particularly:
  • [750] The US Trustee's Motion to Convert [PDF] [text]
  • [751] IBM's Motion to Convert [PDF] [text]
  • [753] Novell's Motion to Convert [PDF] [text]
    [778] SCO's Response [PDF] [text]
    [778Ex1] SCO Exhibits (customer letters) [PDF] [text]

    [783] Renaissance Venture's Objection [PDF] [partial text]
    [804] XAC's Objection [PDF]
    [805] LeapTide's Objection [PDF]

    [798] IBM's Reply [PDF] [text]

    [796] Novell's Reply [PDF] [text]
  • [784] SCO's Motion to File Appendix Under Seal [PDF]
    [803] IBM's Objection [PDF] [text]
  • [815] SCO's Motion for Authority to Sell Property Outside the Ordinary Course of Business [PDF] [text]
    [819] Exhibits to Sales Agreement [PDF] [ text]; Exhibit A to Motion, the Sales Agreement as [text]
    [851] Novell's Objection [PDF]
    [852] IBM's Objection [PDF]
    [860] SCO's Response [PDF] [text]
  • [832] SCO's Notice of Cure Amounts [PDF] [text]
    [833] Exhibit A to Notice of Cure Amounts [PDF] (continued in 2 more PDFs [here])
    [849] Oracle's Limited Objection [PDF]
    M/S Sunray Computers' Objection [not docketed]
    [858] Novell's Response to SCO's Notice of Cure Amounts [PDF]
  • [856] Order re July 27th Hearing [PDF] [text]
Note that the Notice of Agenda lists the Novell Response to SCO's Notice of Cure amounts as docket #859, but it should be #858. I hope I have everything right. I can't imagine how in the world they will cover all of this in one hearing.

  View Printable Version


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