The trial is off, for now
The trial is off, for now
Posted Sep 15, 2007 0:55 UTC (Sat) by pr1268 (guest, #24648)In reply to: SCO Group files for Chapter 11 bankruptcy (Reuters) by pr1268
Parent article: SCO Group files for Chapter 11 bankruptcy (Reuters)
Having read some of the Groklaw comments, it appears that the trial that was due to start Monday is now off.
Related story: A lot of the Groklaw folk mention that the APA money that Judge Kimball has declared is rightfully Novell's is not a debt, but rather non-asset money that SCO appears to be sitting on. In other words, Novell should get their money before the creditors start lining up. According to many posts on Groklaw. IANAL
Posted Sep 15, 2007 1:29 UTC (Sat)
by ncm (guest, #165)
[Link] (3 responses)
Posted Sep 15, 2007 7:56 UTC (Sat)
by mbottrell (guest, #43008)
[Link] (2 responses)
In fact it's required in order for the Chapter 11 to actually go ahead.
SCO knows they can't avoid paying Novell, however it's wishing to avoid the deep pockets of IBM and Redhat also taking a slice of them.
The Novell decision has been made (it's only a figure that needs to be placed on it).
Posted Sep 16, 2007 17:40 UTC (Sun)
by pr1268 (guest, #24648)
[Link] (1 responses)
This sounds like a catch-22. SCO files for Ch. 11 in order to stay the trial that was set to begin on Monday. But, the bankruptcy proceedings cannot begin until the Novell matter is resolved. Seems similar to a deadlock condition I studied in an operating systems class! ;-)
Posted Sep 16, 2007 23:48 UTC (Sun)
by dlang (guest, #313)
[Link]
... but now that the trial is off, Novell don't get to have the court declare how much of the money is theirs, but tSCOg gets to continue spending it.The trial is off, for now
Whilst the trail is on hold (the further items unresolved), this does NOT stop the Judge calculating the loss to Novell.The trial is off, for now
The trial is off, for now
the bankruptcy court has the power to decide to allow the Novell trial to go forward, and you can bet that Novell is going to ask for exactly that.The trial is off, for now