1ff,,;,,) 1?orm 1 (4107\
United States Bankruptcy Court
District of Delaware
Name of Debtor (if
Voluntary Petition
individual, enter Last, First, Middle):
Name of Joint Debtor (Spouse) (Last, First, Middle):
The SCO Group, Inc.
All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names):
FKA Caldera International, Inc.
Last four digits of Soc. Sec.lComplete EIN or other Tax 1D No. (if
more than one, state all) Last four digits of Soc. Sec.lComplete EIN or other Tax ID No. (ifmorc than one, state all)
87-0662823
Street Address of
Debtor (No. and Street, City, and State):
Street Address of Joint Debtor (No. and Street, City, and State):
355 South 520 West Lindon, UT
ZIP Code ZIP Code
I
I 84042
County of Residence or of the Principal Place of Business:
County of Residence or of the Principal Place of Business:
Mailing Address of Joint Debtor (if different from street address):
Utah
Mailing Address of Debtor (if different from street address):
ZIP Code
I I
ZIP Code
Location of Principal Assets of Business Debtor (if different from street address above):
Type of Debtor
(Form of Organization)
(Check one box)
o Individual (includes Joint Debtors)
Nature of Business
(Check one box)
Chapter of
Bankruptcy Code Under Which the Petition is Filed (Check one box)
o Chapter i 5 Petition for Recognition
ofa Foreign Main Proceeding
o Health Care Business
o Single Asset Real Estate as defined
o Chapter 7 o Chapter 9
. Chapter I i
in I I U.S.C. § 101 (SIB)
o Railroad o Stockbroker
See Exhibit D on page 2 of this form.
. Corporation (includes LLC and LLP)
o Chapter 12
o Chapter 13
o Chapter 15 Petition for Recognition
o Partership
o Other (If deblor is nol one ofihe above enlilies,
o Commodity Broker
o Clearing Bank
ofa Foreign Nonmain Proceeding
Nature of Debts
check ihis box and stale type of entity below.)
. Other
Tax-Exempt Entity
(Check box, if applicable)
(Check one box)
o Debis are primarily consumer deblS,
. Debis are primarily
o Debtor is a tax -exempt organization under Title 26 of the United States Code (the Internal Revenue Code).
Filng Fee (Check one box)
. Full Filing Fee attached
o Filing Fee to be paid in installments (applicable to individuals only). Must
defined in 11 U.S.c. § J01(8) as "incurred by an individual primarily for a personal, family, or household purpose."
Chapter 11 Debtors
business debis.
Check one box:
o Debtor is a small business debtor as defined in I i U.S.C. § 101(5ID).
. Debtor is not a small business debtor as defined in I I U.S.C. § 101(5ID).
attach signed application for the court's consideration certifying that the debtor
is unable to pay fee except in installments. Rule I 006(b). See Offcial Form 3A.
Check if:
o Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court's consideration. See Offcial Form 38.
Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affliates) are less than $2,190,000. Check all applicable boxes: A plan is being fied with this petition. Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with I I U.S.c. § i 126(b).
0 0 0
StatisticaVAdministrative Information
. Debtor estimates that funds wil be available for distribution to unsecured creditors.
THIS SPACE IS FOR COURT USE ONLY
o Debtor estimates that, after any exempt propert is excluded and administrative expenses paid, there wil be no funds available for distribution to unsecured creditors.
Estimated Number of Creditors
I49
0
Estimated Assets
.
so-
99
100199
200999
JOOO-
5,000
500110,000
10,00125,000
25,00150,000
100,001100,000
OVER 100,000
0
0
0 0 0
0
$100,00110 $1 million
0
0
$1,000,00110
$ 1 00 milion
0 0 0
0
More ihan $ 100 million
0 0
$010
$ JO,OOO
0
0
$10,001 10
$100,000
Estimated Liabilities
$010 $50,000
$50,00 i 10
$100,00110
$ 100,000
$1 millon
. .
$ 1 ,000,00 1 to
$ I 00 millon
More ihan $ 1 00 millon
Offcial Form 1 (4/07)
FORM BI, Paiæ 2
Name ofDebtor(s): The SCO Group, Inc.
Voluntary Petition
(This page must be completed and
flied in every case) All Prior Bankruptcy Cases Filed Within Last 8 Years (lfmore than two, attach additional sheet)
Case Number: Case Number:
Date Filed: Date Filed:
Location
Where Filed: - None -
Location
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiiate ofthis Debtor (lfmore than one, attch additional sheet)
Name of Debtor:
Case Number:
Relationship:
Date Filed:
Judge:
See Attachment 1
District:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission
pursuant to Section 13 or 15( d) of the Securities Exchange Act of 1934
Exhibit B
(To be completed if deblor is an individual whose debis are primarily consumer debls.)
and is requesting relief under chapter Ii.)
. Exhibit A is attached and made a part of
I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that (he or she J may proceed under chapter 7, i I, i 2, or 13 of title i I, United States Code, and have explained the relief available under each such chapter. I further certify that I delivered to the debtor the notice required by i I U.S.c. §342(b).
this petition.
X
Exhibit C
Signature of Attorney for Debtor(s)
(Date)
Does the debtor own or have possession of any propert that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
DYes, and Exhibit C is attached and made a part of this petition.
. No.
Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
o Exhibit D completed and signed by the debtor is attached and made a part of
this petition.
this petition.
If this is a joint petition:
0
Exhibit D also completed and signed by the joint debtor is attached and made a part of
Information Regarding the Debtor - Venue
.
0 0
Debtor has been domiciled or has had a residence, principal place of
(Check any applicable box) business, or principal assets in this District for 180
days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankrptcy case concerning debtor's affliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of this District, or has no principal place of proceeding (in a federal or state court) in
business or principal assets in the United States in business or assets in the United States but is a defendant in an action or this District, or the interests of the parties wil be served in regard to the relief
sought in this District.
Statement by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes)
0
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
0 0
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for
possession was entered, and
Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period
after the filing of the petition.
OffcÎal Form 1 4/0
FORMB1 Fa i:3
Numc of Oi:btoI(s):
Voluntary Petition
(This page must be completed andfiled in every case)
The seo Group, Inc.
Signatures
Signature(s) of
Dcbror(s) (Individual/Joint)
Signature of a Foreign Represeiitative
I declate under p~i1lty ofpcIjuty tht the infonnaiion provided in this petition
is l\e ard cotrct. that lii thc iorcign representative of a dcbtor in a foreign
r declare under penalty of peij\liy that the information provided in this petition is trc and correct. (lfpetitioner is an individual whose debts are primarily consumer
proceed under chapter 7, 11,12, or 13 of
proceedIng. atd ilat I ii authorized to fie this petition.
(Chcç only one box.)
debts and has chosen to file under chapter 7) I am aware that 1 may
tide II, United Slates
Code. understand the relief available under r;¡ich such chapter, and
choose to proceed under ch¡iptcr 7.
IJ I request Nlief in ai;cordanee with chapter I S of title i i. United States Code. Certfied copies ofihe documents required by II U.S.C. §lSI5 arc attached.
IJ Puuat to 11 U.S.C. § 15 i i. i request relicf in accordance with the chapter of title 11 specified in this petition. A ecrtfied copy of the order grating
rccogiition arthe fOtCign main procceding is attched,
(lfno attorney represents me and nO bankruptcy petition preparer signs the petition) I have obtained and read the notiCe rtauired by i i D.S.C. §342(b).
I request rcliefin accordance with thr; chapter of
title i i, United
X
Signature ofForeÎgn Representative
Prited Name OfForr;ign Represcntanve
States Code, specified in this petition.
X
Signature of
Debtor
Date
X
Signature of Joint Debtor
Telephone Number (If
Signature of
Non.Attorney Bankruptcy Petitioll Preparer
1 di:clare under penalty ofpeijl,iy that: (1) I am a bankrptcy
not represented by aiiomey)
petition pre parr åS dr;fied in 1 i V.S.C. § 110; (2) I prepared this
document for compensation and have provided the debtor with II
copy of this documcnt and the notices and inforration required
Date
under i i U.S.C. §§ i 1O(b), 110Ch), and 342(b)¡ and, (3) ifrules or
guideline$ havç been promulgated pursuant to 11 U.S.C. § i lOCh)
settng II maximum fee for services chargeable by banknptcy petition preparrs, I have given the debtor notice of the TIimum
amount before preparing any document for filing for II debtor or
accepting any fee frm the debtor, as requird in that section. Offciul Form 19B is attached.
Printed Name and title, ifany, of
Banptcy Petition Preparer
the biinkrtpcy petition preparer is not the offcer, pricipal, responsiblr; person or parter of the banknitey petition preparer.)(Reauìrcd by II U.S.C. § i 10.)
Social Security number (If an individ\l¡il, state the Social Security number of
Address
Ji~
Date
Signature of
(302) 652-4100 Fax: (302) 652-40
Address
x
Debtor (Corpor.ation/artnersllip)
Date
Signatu~ of
I declare under penalty of peijuiy that the informtion provided in this pctition Îs tre and corrcct, and that I have beon autIiorized to
X \l
Oarl C. McBride
Date
tile this petition Qn behalf of
the debtor.
Bankrptcy Petitioii Prcparer or offcer, principal.
respollible person,or parr;r whose Social Security number is
The debtor requests relief
in accordance with the: chapter of
U . ta.tes o~ specific . t~ petition.
Signùtun: of Authorized Individual
title II,
provided above.
!'ames and Soeiúl Security number: of all other individuals who prepared or assistcd iii preparing this document unless the
bankrptcy petition prcparer is not an individual:
Printed Name of Authorized Individual
Chief Executive Officer
Title of Authorized Individual
Ifmore than one peT$on prepared this documçnt, attch additional
sheets conforming to the appropriate offcial form for each person.
A bank1ptcy pfltition pl'epanlr 's failure to comply ",iih the pl'Qviskms of title 1 J and the Federal Rilles of Bankruptcy
Procedure mlll'esult in fines 0,. imp"UOl1m&nl or both 11 U.S. C,
§JJ(); 18 U.S.C. §156.
United States Bankruptcy Court
District of Delaware
In re
The SCO Group, Inc.
Case No.
Debtor
Chapter
11
Exhibit" A" to Voluntary Petition
1. If any of debtor's securities are registered under Section 12 of the Securities Exchange Act of 1934, the
SEC fie number is 0-29911
2. The following financial data is the latest available information and refers to debtor's condition on
September 10, 2007
a. Total assets
$
$
14,800,000.00
b. Total debts (including debts listed in 2.c.,below)
7.500.000.00
Approximate
number of
c. Debt securities held by more than 500 holders.
secured / /
secured / / secured / / secured / / secured / /
holders
$ $
unsecured / / unsecured / / unsecured / /
subordinated / / subordinated / / subordinated / /
0.00 0.00
0.00 0.00 0.00
0 0 0 0 0
$ $ $
unsecured / / unsecured / /
subordinated / / subordinated / /
d. Number of shares of preferred stock
e. Number of shares of common stock
0
0
21.782.164
402
Comments, if any: The figures listed in subparagraphs a and b above are approximate values based upon the
Company's consolidated and unaudited balance sheets as of July 31, 2007.
3. Brief description of debtor's business:
Sales, marketing and servicing cost-effective UNIX operating system softare products and related
services.
4. List the name of any person who directly or indirectly owns, controls, or holds, with power to vote, 5% or more of the voting securities of debtor:
Cede & Co. Ralph Yarro
Copyright (c) 1996-2007 - Best Case Solutions - Evanston, IL - (800) 492-8037
Best Case Bankruptcy
ATTACHMENT 1
seo Operations, Inc.