In the event of a likely SCOX BK, the bankruptcy trustee will make any determinations about the case going forward. Legally, the minute a BK case is filed all legal actions aginst them are stayed (suspended), pending action of the BK Court and\or the BK trustee.
There is a possibility the BK court could order BSF, and even Darla and Ralphie to return prior payments, if they were excessive.
The job of the BK trustee is to preserve assets for the CREDITORS. There are two type of BK, one is outright liquidation and the other is reorganization. The initial decision is made at the time of the BK siling, however, under certain circumstance a BK judge can convert a reorganization to a liquidation.
In the case of Caldera\SCO there is little to consider for reorganization, liquidation would be the most likely. The trustee would then shut SCOX down in a speedy but orderly fashion. The trustee will also evaluate any assets real or imagined. He\she would also ahve to consider pulling the plug on the various cases or continue to pay the bills on them and move forward. Since the chances of success in the SCO versus the world cases is now very small, the trustee would most likely kill the cases.
That makes no difference. I mean, yes of course IBM will win but not for that reason, because bankruptcy doesn't change anything about the lawsuit (other than the fact that an appointed bankruptcy trustee is probably more likely to settle).
of course, that's also assuming they file Chapter 7. Chapter 11 makes it anybody's guess as to what might happen.
That point has been tossed about a few times in the past, but it still comes up to the very basic fact Caldera\SCO started the legal fights, not the reverse. If Caldera\SCO did not think that IBM would not fight back after they filed a lawsuit against them for $5 Billion, then they were just plain stupid, and should not have been in a position of executive management.
IBM should have done exactly as they have done, fight back. If they had not every two bit software copyright and patent troll would have filed a lawsuit against IBM.
If SCOX goes BK because they cannot follow through on a fight they started, then that is their fault, not IBM's, It is not the fault of IBM that Caldera\SCO decided to perform stupid people tricks.
<< "IBM strategy is to force SCO to go bankrupt before the trial" Are there any facts that support this? >>
Uh, Kimball delaying trial three months before schedule for what looks like at least another YEAR because the Court does want to give 7 hours of intelligent consideration to all these motions?
IBM even dares to go into PSJ on IBM CC8 without any need whatsoever to pass along IBM CC6 first. What do you think IBM is expecting to win on that one other than wasting precious time?
Of course, with Kimball acting like IBM's wingman nothing is certain any longer. Or maybe it is.
Well there was all those motions to have the IBM case stayed while the Autozone case was litigated. Obviously THAT was a nefarious plot to have the IBM case coming last in order that SCO was bankrupt before it happened.
Oh, oops, sorry. Those seem to have been SCO motions. Silly me. How DID IBM infiltrate SCO's crack (pot) legal team?
We were waiting for the new shill excuse to show up. The old line of 'but what if they win!' was getting a bit untenable, not to mention worn out, so we figured that you turds would play the 'aww IBM no play fair' card. Biff started the game early by crying into his catfood about how biased the judges are, so you're a tad late already.
Oh, by the way, SCO is clearly losing the case now (hence the share price avalanche over the past 3 days or so) and they're still not bankrupt yet. And bankruptcy won't necessarily halt the court proceedings. After all, BSF has pretty much been paid in full already, so there's no need for them to stop litigating once the guillotine falls, much as they'd like to.
Bankruptcy won't force SCO into a settlement, since it's not up to SCO whether a settlement happens or not. IBM and Novell seem perfectly happy to smash SCO to peeces rather than settling with them, probably because what's going to happen to SCO will be an effective deterrent to the thieves, and good PR for the geeks...
Is the conspiracy (err, sorry 'plan') to bankrupt SCOX before the trial? Why is that necessary when the other conspiracy has the judges on IBM's side?
Oh wait, isn't SCOX going bankrupt essentially for drop Linux and trying to shake down Linux companies? Yes.
Aren't the judges skeptical of SCOX because SCOX lied to them - to their face? Yes.
Seems either conspiracy theory has its roots in SCO's actions.
Bye BIFF (BTW, your Yarro is showing)
>>No, no, NO!!! SCOX must go bankrupt before the trial can start. Stick with The Plan. PLEASE!
Oh, no, if only the bad ol' Nazgul hadn't driven poor widdle SCOX into BK before we had a chance to present our bulletproof evidence, we'd have won our BEEELYUNS of dollars. Trust us.
Lessee, vs. the judge's "Is that all you've got?" comments, the endless delays in discovery, the dismissal of 2/3 of what they *did* present, et cetera, et cetera, et cetera....
Try again, Biffy. This time with an argument that might survive.
Oh wait, you haven't managed one yet, never mind.
SCOX DELENDA EST!!