Novell Makes a Move -- Motion for Constructive Trust and Payment Now - Updated 2Xs, as text

"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"?"

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