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SCO wants bankruptcy court approval to sell its Unix business

Comments

Not yet!

The court approved a motion to have a hearing on the matter only... see http://www.groklaw.net/pdf/SCOGBK-156.pdf

Nov 6 is the day and other matters will be decided/considered too, such as Novell's motion to lift the hold/stay on court proceedings in Utah. This whole Chapter 11 bankruptcy thing was a detour for Novell who was about to eat SCOG's lunch. If it goes back to Utah, Novell will be awarded enough cash to shut SCOG down in Chapter 7, not 11. The judge in Utah will not be amused because SCOG told him that bankruptcy was not imminent....
posted by : Robert Pogson, 28 October 2007

They do NOT have approval

The sale has NOT, that is NOT, and once again NOT yet been approved.

What has been approved is an expedited schedule for hearings on the matter.

This is not to say that the sale will not be approved - the ways of bankruptcy courts, according to what I've read - are obscure and arcane even to well seasoned attorneys.

But there is at least a genuine question. The bankruptcy court allowing it would make Novell party to a contract to a third party (York) without its willing consent, and over its objections.

-- TWZ
posted by : Terrence W. Zellers (aka ColonelZen), 28 October 2007

You *almost* got it right

I'll open this comment by noticing that Egan Orion has probably done as good a job as any member of the press at presenting the facts of SCO's utter self-destruction to the public accurately.

But on this occasion, he has gotten one aspect of the instant story *completely wrong*: The Judge has NOT approved any sale of any sort. What he *has* done is allow expedited consideration of SCO's motion to allow the sale. This will be heard in the Delaware Court on November 6th, but any parties that oppose the motion (think Novell, IBM, the U.S. Bankruptcy trustee, and a rogue shareholder or two, and you're on the right track).
posted by : Dave Ivedorne, 28 October 2007

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