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Transcript of Bankruptcy Hearing Feb. 5, 2008

By Pamela Jones et al.

Here's the transcript [PDF] of the February 5th hearing before Judge Gross in the SCO bankruptcy. It's the one we thought would be the boring one, but it turned out not to be so dry after all.

First, the hearing was about extending the scope of the Tanner retention. It was not formally opposed, but we find out from the transcript that in fact there were "informal comments" from the US Trustee's Office, which resulted in some changes. Upon that, the judge signed the order. The second issue was the one about extending the exclusivity time period to file a reorganization plan. Naturally, SCO's attorney argued that they'd like to know how the Utah court rules in SCO v. Novell so as to take that into account in any reorganization plan. That has turned out not to be relevant to their plans at all, as they've in the interim filed a plan that isn't dependent on what Utah does, but the attorney does tell the court that they were working on a plan and hoped to file it soon.

Next, SCO's attorney addresses the objections regarding math in SCO's monthly operations reports, which they say they take seriously and will fix, if investigation shows the need. The December report was not late, as it turns out there was an extension granted to SCO by the US Trustee's Office, because of SCO needing to file its 10K with the SEC. And that is when it gets interesting.

Full post as published by Groklaw on February 22, 2008 (boomark / email).