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Hearing in the SCO Bankruptcy Oct. 23 - Cahn's Preliminary Report - Updated: Pachulski Stang asks to leave
Thursday, October 22 2009 @ 12:56 PM EDT

Don't forget that there is a status hearing tomorrow, on October 23rd, in the SCO bankruptcy. The scheduled agenda [PDF] will include the Chapter 11 Trustee's "preliminary report" on the SCO Group's estate. I imagine that should be interesting indeed, given recent events, despite it being described as a status hearing only.

I hope some of you will be able to attend, so we don't have to wait months to find out what happened. It starts at 10 AM on Friday in the US Bankruptcy Court for the District of Delaware, and you probably want to call first to make sure it isn't cancelled using contact info here, in Judge Gross's courtroom, as always.

The filings:

10/21/2009 - 929 - Certificate of No Objection regarding Motion of the Chapter 11 Trustee to Approve the Further Expansion of the Scope of Retention of Tanner LC to Audit the Debtors 401(k) Plan for the Year Ended December 31, 2008 In Accordance with ERISA Rules and Regulations for the Debtors Nunc Pro Tunc to September 14, 2009 (related document(s) 917 ) Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. (Fatell, Bonnie) (Entered: 10/21/2009)

10/21/2009 - 930 - Certificate of No Objection regarding Chapter 11 Trustees Application for Authority to Retain and Employ Ocean Park Advisors LLC as Financial Advisor and Investment Banker Nunc Pro Tunc to September 15, 2009 (related document(s) 923 ) Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. (Fatell, Bonnie) (Entered: 10/21/2009)

10/21/2009 - 931 - Notice of Agenda of Matters Scheduled for Hearing Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 10/23/2009 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Fatell, Bonnie) (Entered: 10/21/2009)

There are also two uncontested matters, about hiring Ocean Park Advisors and about expanding Tanner's role, as you see. Darl McBride's recent letter allegedly sent to Cahn on Sunday expressed some unhappiness about the Ocean Park folks, so it's officially uncontested *so far*.

Update: Pachulski, Stang has filed a motion to withdraw as SCO's attorney, or as one of their bankruptcy attorneys:

9. The Chapter 11 Trustee has selected counsel in these cases and an application to approve that retention has been approved (Docket No. 914).

10. PSZ&J seeks leave of this Court to withdraw as counsel to the Debtors in these chapter 11 cases. The Chapter 11 Trustee is serving and is represented by counsel and the Debtors' interests are adequately represented.

So much is changing. Not to be cynical, but when the money runs out, if there is an opening, so do the lawyers ofttimes.

The filing:

10/22/2009 - 934 - Motion to Withdraw as Attorney /Motion of Pachulski Stang Ziehl & Jones LLP for Leave to Withdraw as Co-Counsel to the Debtors Filed by Pachulski Stang Ziehl & Jones LLP. Objections due by 11/11/2009. (Attachments: # 1 Notice # 2 Proposed Form of Order # 3 Affidavit of Service and Service List) (Makowski, Kathleen) (Entered: 10/22/2009)


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