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Novell Makes a Move -- Motion for Constructive Trust and Payment Now

By Pamela Jones et al.

Here we go. Novell has filed a motion asking the bankruptcy court to confirm the constructive trust amount and order SCO to pay it now:

586 - Filed & Entered: 10/29/2008
Motion to Approve (B)
Docket Text: Motion to Approve Order Confirming Constructive Trust and Directing the Debtors to Pay Funds to Novell Filed by Novell, Inc.. Hearing scheduled for 11/20/2008 at 09:30 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 11/13/2008. (Attachments: # (1) Notice # (2) Exhibit A# (3) Exhibit B# (4) Proposed Form of Order) (Poppiti, Jr., Robert)

The parties have agreed on the amount to put in the constructive trust, Novell reminds the court, $625,486.90, "based on an uncontested reading of trust tracing law and SCO's relevant daily balance information" regarding the Sun SVRX royalties that the court concluded were Novell's from that deal, $2,547,817. What they don't agree on is when SCO should pay it.

Full post as published by Groklaw on October 29, 2008 (boomark / email).