"SCO wants to pay only after all the appeals are done; Novell
wants payment now. And, considering that this is money that has
always been Novell's, not a debt, Novell says, since SCO held it as
a fiduciary on behalf of Novell, it wants its money. It's not SCO's
to use. For that matter, the bankruptcy court has no jurisdiction
over property not part of the estate, so it has no grounds to
permit SCO to keep this money. The trust funds are not part of
SCO's estate. It has no right to use it, and if it did use it, how
would it ever replace it, Novell asks, "given its limited present
and prospective resources"?"
