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Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw)
Groklaw
reports the latest news from the SCO bankruptcy hearing.
"The judge in the SCO bankruptcy has ruled at last. SCO's motion to let it sell to unXis is denied. There could be an auction later. The motions to convert to Chapter 7 by IBM, Novell and the US Trustee's Office are also denied, but alternative relief is granted, and there will be a Chapter 11 trustee appointed. IBM and Novell agreed that a Chapter 11 Trustee was appropriate if he did not convert to Chapter 7, and that is what he has done. That means presumably that SCO management no longer run this show."
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Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 16:12 UTC (Thu) by jonth (subscriber, #4008) [Link]
And good riddance! The Inquirer has a pretty good (and quite amusing) summary of the whole sorry saga for those who wish to smirk...
http://www.theinquirer.net/inquirer/opinion/1496556/sco-b...
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 18:50 UTC (Thu) by ncm (subscriber, #165) [Link]
I would like to see a full accounting of how much money Darl McBride extracted during this period. It appears to be in the millions. I wonder if it could yet be (in the technical sense) clawed back.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 19:34 UTC (Thu) by MattPerry (guest, #46341) [Link]
Not only Darl but his brother Kevin McBride who was one of the lawyers of the law firm that SCO hired. I'm sure a lot of company money was funneled back to Darl and friends that way. It surely appears to be a conflict of interest.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 7, 2009 1:56 UTC (Fri) by eparis123 (guest, #59739) [Link]
At last I understood why the company loved spending its limited venture in lawsuits!
Want to fire Darl? Call an employment lawyer. Posted Aug 9, 2009 16:12 UTC (Sun) by dmarti (subscriber, #11625) [Link] Firing Darl is hard. His previous employer, a document management company, fired him in 1998, then he sued them, and the case didn't get settled until shortly before Darl got the Caldera job in 2002. If the trustee fires Darl, Groklaw fans can expect another lawsuit to keep track of.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 16:36 UTC (Thu) by sbergman27 (guest, #10767) [Link]
"""
That means presumably that SCO management no longer run this show. """
So Jason's been "killed" again, has he?
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 17:09 UTC (Thu) by stumbles (guest, #8796) [Link] Don't you mean; Kenny? SCO is like him, just when you think he is dead; ack! he is back in the next show.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 18:41 UTC (Thu) by bronson (subscriber, #4806) [Link]
Jason is a similar idea from 25 years earlier: http://en.wikipedia.org/wiki/Jason_Voorhees
Kenny isn't evil, just hapless. Jason is pure, unkillable evil, like SCO. :)
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 7, 2009 18:26 UTC (Fri) by sbergman27 (guest, #10767) [Link]
Yeah. When SCO goes to the judge with their heart in their hands, there's no metaphor involved.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 16:58 UTC (Thu) by glennc99 (subscriber, #6993) [Link]
Eventually, SCO Management will no longer run the show.
Based on commentary at the linked article by people who have presumably read the actual documentation on the process:
At the moment, the Office of the United States Trustee is no doubt in the process of selecting an Interim Trustee, who will 'take over.' This person must be approved by the creditors committee (which doesn't actually exist yet) or the committee must appoint a replacement.
Once the IT is named, he or she will 'take over' but they are quite likely to be influenced more than slightly by the incumbent management as they work to understand exactly what's going on.
A key question is if the BS&F attorneys actually understand how worthless the lawsuits are (SCO vs. IBM and Novell) and are willing to say so 'on the record' to the Trustee. If they do, it's all over. If they don't or won't, then the Trustee may buy the BS and we get to watch the trials in Utah go to completion.
(The countersuit from IBM to SCO is also devastating, but that's not something the Trustee can control, except by rolling over, playing dead, and waiting for IBM to declare victory.)
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 18:37 UTC (Thu) by JoeF (subscriber, #4486) [Link]
The trustee doesn't live in the current SCO CEO's reality distortion field, and I think the fears of the trustee being pulled into the rdf are overblown.
According to emails read in the last BK court hearing, most employees know that the wild goose chase after Linux is wrong.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 6, 2009 19:05 UTC (Thu) by sbergman27 (guest, #10767) [Link]
"""
The trustee doesn't live in the current SCO CEO's reality distortion field, and I think the fears of the trustee being pulled into the rdf are overblown. """
At what point, I wonder, will we discover the obscure... and not-quite-provable... link between the trustee and The Canopy Group?
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 7, 2009 13:06 UTC (Fri) by arafel (subscriber, #18557) [Link]
Is there a quick/short translation, for those of us who don't speak American law terms natively? Does this mean SCO are finally dead, or are still dying but won't get any more cash, or what? :-)
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 7, 2009 15:49 UTC (Fri) by ctg (subscriber, #3459) [Link]
It died a long time ago. It just didn't stop moving. Now the head has been cut from the corpse. We shall see.
Chapter 11 Trustee to be Appointed; SCO's Sale Motion Denied (Groklaw) Posted Aug 7, 2009 18:57 UTC (Fri) by pr1268 (subscriber, #24648) [Link] "...That means presumably that SCO management no longer run this show." Does this mean that SCO management (Yarro, McBride, et al) are no longer on SCO's payroll?
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