April 7, 2010 SCO bankruptcy hearing: audio, unoff. transcript, notes
Al Petrofsky
of the court's official audio recording of the April 7, 2010 hearing
in In re: SCO Group, Inc. (f/k/a Caldera International, Inc),
No. 07-bk-11337, Bankr. D. Del..
An unofficial transcript can be found at
<http://scofacts.org/SCO-Group-bankruptcy-1103-unofficial-transcript.html>.
That includes synchronization timestamps, mug shots of the
participants, links to all the pre-hearing filings, and other
information.
This hearing includes trustee Edward Cahn's third oral interim report
on the status of the case, and in particular on the recent results in
the debtor's litigation that caused him to be "extremely
disappointed".
It also includes a follow-up report from his attorney Bonnie Fatell,
in which she said:
(15:06:04/+00:04:54) MS. FATELL: Um, since the, uh, trustee's
appointment, we have had discussions with interested parties
regarding sale of the SCO operating business, and we expect in the
next few weeks that we will be working with OPA to prepare those
assets for sale. Uh, we'll engage in a preliminary marketing
effort, and hopefully we'll identify a stalking-horse bidder and be
before the Court with bid procedures and a -- a sale motion, uh, in
due course.
Obviously, neither "in the next few weeks" nor the in next few months
could a stalking-horse bidder could be found to make a minimum bid.
They at last gave up and filed the motion on today's agenda, seeking
an auction with no minimum bid.
This hearing marked the last appearance of Joseph J. McMahon,
Jr. (Pennsylvania Bar #77570, admitted 1996; Delaware Bar #4819) for
acting Region 3 U.S. Trustee Roberta DeAngelis. DeAngelis is no
longer just acting, having since been appointed by Attorney General
Eric Holder to a full five-year term (per 28 USC 581) (see
<http://www.justice.gov/ust/eo/public_affairs/press/docs/2010/pr20100604.pdf>),
and McMahon has left public service and taken a job at Ciardi Ciardi &
Astin, P.C. (according to his Pennsylvania bar record,
<http://www.padisciplinaryboard.org/pa_attorney_info.php?id=77570>).
From recent notices and service lists (eg. Docket Nos. 1143 and 1149),
it appears that McMahon's replacement for this case will be Juliet
Margaret Sarkessian (NY bar #2133254, admitted 1987). I expect she'll
make her first appearance at today's hearing.
Sarkessian is a novelist (in addition to being a licensed attorney, of
course). I very much hope that she will work a couple passages like
the following one into the U.S. trustee's future briefs in this case:
Alex slipped his legs out from under Philip and wrapped them around
him. Philip thought of how close he had come to never again
experiencing this moment, to never again seeing Alex as he was now,
stretched out under him, extravagantly relaxed in his arousal, eyes
unflinchingly focused on Philip, waiting for him to break the
barrier of flesh betweeen them.
(Trio Sonata, ISBN 1-56023-401-6, by Juliet Sarkessian, published by
The Haworth Press, Inc., New York (2002) at p. 186)
Harold Stevens
[Snip...Re: Juliet Sarkessian background]
> barrier of flesh betweeen them
Two thumbs up. Perfect curriculum vitae to bring to this clusterfsck.
--
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