See Novell #535 through #537, and BK #470:
http://scofacts.org/nefomatic-test-Novell.html
http://scofacts.org/nefomatic-test-SCO-Group-bankruptcy.html
I wrote on April 21 (excerpted here for the convenience of users
with delicate agents (see message
#62528), who dare not view the parent message):
In any event, I think the important ruling that day [February 5,
2008] was not the
oral one, but the written one (dkt #329).
Judge Gross signed the proposed order extending the exclusivity
deadlines (dkt
#289-3), after every creditor and the UST had declined to write a
word of objection to that proposed order. Therefore, until SCO
actually misses one of those deadlines, I think Judge Gross will tend
to view as premature any motion that argues that there is no chance
that SCO will successfully reorganize. It is for that reason that I
have been guessing that a motion to convert the case to a Chapter 11
liquidation will not be filed until late July, and then granted in
August (see message
61119).
I also think SCO has a decent chance of getting another 30-day
extension. During the informal non-arguments at the April hearing,
Arthur Spector brought up ongoing nonspecific due diligence as a
reason for an extension, and IBM pointed out that that reason was weak
(see dkt
#437 at 13:4-13:18). I think the better argument, which I'm sure
will occur to Spector, is to say that Stephen Norris has now decided
he wants to wait until after the results from the SCO v. Novell
trial are in. Based on Judge Kimball's history, I expect a good month
to pass, after the trial ends, before he enters a ruling. Judge Gross
has stated, in writing, that it makes more sense for a plan to be
filed after that event rather than before it (see his ruling on
lifting the SCO v. Novell stay, dkt #232
at 11: "As Novell has pointed out in its papers, the Debtors simply
cannot file a confirmable plan of reorganization until they know what
liability they have to Novell").
Today, SCO says:
For cause shown, the above captioned Debtors request the Court to
extend the Debtors' exclusive period to fie and seek approval from
impaired classes of claims and interests, if any, for a plan of
reorganization (collectively, the "Exclusive Periods") for an
additional 90 days through and including August 11, 2008, and October
13, 2008, respectively.
... 16. This Court itself recognized the difficulties of progressing
and seeking confirmation of a Plan before the conclusion of the Utah
Distrct Court proceedings. See Memorandum Opinion (D.E. No. 232),
p. 11, fn. 7. In addition, Novell has also expressed its opinion that
"SCO's plan must take into account the amount of Novell's claim and
what cash it has that does not belong to Novell. Determination of the
remaining issues in the District Court Action will clarify these
important subjects, too." See Novell Stay Relief Motion (D.E. No. 89),
p. 6, ¶13.
17. The Debtors believe that their Plan should reflect the results
of the Utah District Court's recently concluded trial, and that fiing an
amended plan now would waste the estates' assets.
18. The trial concluded on May 2, 2008 and the Utah District Court
indicated a ruling would be forthcoming soon. The Debtors anticipate
that a ruling will be issued within 45 to 60 days. The Debtors,
therefore, request a period of 30 to 45 days after that anticipated
event, corresponding with a date 90 days after the current Exclusive
Periods, to maintain their exclusivity under section 1121.
(Second Motion by Debtors Under Section 1121(d) For Extension of
Exclusivity Deadlines, dkt #470)
Meanwhile, The lists of SCO v. Novell trial exhibits were
entered yesterday in #536 and #537. One error I happened to notice:
SCO Ex. 87, the March 1996 letter from Novell to Prentice Hall that
was discussed during Darl McBride's and Greg Jones's testimony, was
actually written by (or, at least, signed by) Skip Jonas, not
"M. Negishi".