SCO's Chapter 11 Trustee Appointed and Approved(Groklaw)

Some timing do you not think?

A day or so after SCO finds out they get to go to trial anyway, they get new management. And this fellow does have litigation experience. And has served as a former chief U.S. district judge for the Eastern District of Pennsylvania.

Good luck Mr. Cahn.

He is in charge, period. So no matter what the old SCO management may say, it does not count for squat. And almost as important is the fact that a trustee in bankruptcy relies upon and indeed wants the court to approve any major decisions.

Mr. Cahn now decides what to do with all of the pending litigation. And importantly he has no reason to bad mouth Linux or anyone else just to run some kind of scam or extortion program.

The old SCO management is truly out on their ear. Or, they may be asked to stay around for awhile to help with the day to day operation of the company. But, the trustee calls all of the shots.

Of course, Mr. Cahn needs some time to get up to speed on the pending litigation with Novell, IBM, Red Hat and AutoZone?. Complex litigation experience is essential for this job. You have to know what summary judgment means and what a successful appeal of a summary judgment means. And you have to know what it costs to pursue such litigation. And most importantly, Mr. Cahn has no interest in running a scam, extortion program or a nuisance law suit. Plus he knows that SCO is flat broke. Or, they will be after they pay Novell that $2 to $3 million they owe and now have to pay.

The primary responsibility of a trustee is to gather together whatever assets can be gathered for the purpose of paying off creditors and get the company out of bankruptcy. Or, sell off the assets as best can be done and essentially shutting down the company.

The old SCO management clearly did not have any such intentions. They only sought to raise whatever money they could in order to pursue the pending litigation spending millions in the process and throwing the company into bankruptcy. The crap from the old management about their problems coming from Linux competition is a bunch of crap. Caldera (and newSCO) was in the Linux business. So how can the move to Linux be harmful to SCO? They were actually partners with SUSE with the UnitedLinux? venture, right? And they have the stupidity to claim that Linux was their undoing.

And, no, you can not appeal what the trustee decides to do. Whatever it may be, the proper motions will be made before Judge Gross. And the old SCO management does not even have a say. They could be called as witnesses I suppose. Or, they could be left to rot. Even the bankruptcy attorneys report to Mr. Cahn. As do the attorneys handling the pending litigation against Novell, IBM, Red Hat and AutoZone?.

I just wonder if the trade press is going to realize that SCO is no longer under the control of a bunch of jerkheads?