IIRC Kimball found that conversion had taken place, but that there was no constructive trust, so Novell does not take a prime position in the list of creditors. Novell's money has been witheld and misused, but he's offering no specific remedy. If his court goes on to find that SCOX owes even a significant fraction of Novell's claim, that places SCOX in Chapter 7. They don't have that much cash and even selling assets probably wouldn't raise it. They have no prospect of paying through the proceeds of business. Novell would sit in line in the pecking order of claimants but even if they were awarded the whole pot, it wouldn't satisfy their claim.
In the absence of a constructive trust, Novell's best hope of seeing any significant part of their money is to trace it to transactions with parties which must have known that large funds were being witheld from Novell. I suggest their best hope of doing that is to see SCOX in Chapter 7 and let the trustee do his stuff. There's no point in seeing SCOX out of bankruptcy and then pursuing them because were Novell awarded anything like they are claiming, retrieving that from SCOX would plunge them into bankruptcy.
Tens of millions of dollars suddenly collected in royalties by a company with an otherwise failing business, tens of millions of dollars paid to BS&F for law suits which have failed, indeed, which have proven baseless and mischievous, and BS&F weren't in the least bit curious about the source of the fees, or the the fact that they were huge in relation to the usual finances of their client. Weren't SCOX remitting royalties to Novell before these big deals? If they were acting for HP or GM or another company to which $30 million was peanuts, the question would be harder to raise - but SCOX? [ Parent ]
~ Merkey v The Internet et al Docs ~ Yahoeuvre ~ tuxrocks.com (SCO cases legal docs) ~ scofacts.org ~ eagle.petrofsky.org ~ Zen's Den ~ Yahoo SCOX Message Board ~ Lamlaw ~ Microsoft Watch ~ Groklaw ~ Korgwal - a Groklaw mirror ~ nosoftwarepatents.com ~ Flame Warriors ~ SCOXE Wars ~ Get your Merkey Number here! ~ Digital Law Online
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