Feeds

Hackintosher emerges from bankruptcy

And that's the bad news

Intelligent flash storage arrays

The on-again, off-again slugfest between Apple and Hackintosher Psystar has taken yet another turn - and this one puts the feisty Floridians in a bit of a bind.

The US Bankruptcy Court for the Southern District of Florida has granted Psystar's request to dismiss its Chapter 11 bankruptcy case. But there's a twist: The presiding judge, Robert A. Mark, has stipulated that the Hackintoshers can't delay their upcoming trial with Apple (scheduled to begin on January 11, 2010) by refiling for bankruptcy protection.

The exact period of the injunction against filing is unclear, as the dismissal order states "that this case is dismissed with prejudice to the filing of a petition under Chapter 11 of the Bankruptcy Code for a period of six (12) months from the date of this Order."

Calls to Psystar's lawyers to clarify if the period during which Psytar is barred from another bankruptcy filing is six months or 12 months were not returned.

The inability of Psystar to protect itself under the shield of bankruptcy not only prevents it from ducking the upcoming Apple trial - US law automatically puts a stay on court proceedings against companies under Chapter 11 bankruptcy protection - but it also exposes the Hackintosher to legal actions which might be filed by its other creditors.

And there are plenty of them. When Psystar filed for bankruptcy in May of this year, court documents showed the company to be about $260,000 in debt.

This June, Apple successfully petitioned the Florida court to lift the automatic stay. And now Judge Mark has blocked Psystar from using the same bankruptcy dodge.

And so Psystar stand exposed. But it remains unbowed. In a recent post to its company blog entitled "The Circus Comes To Town," the spunky defendants told the world that Apple's lawyers were on their way to observe their facilities during the trial's discover phase, saying that "We believe the only thing they will discover is what we have been open about from the start, and of course the scorching Florida heat."

Psystar also said that they are "developing an addition to this Community site detailing an overview of the case and any relevant materials." We look forward to reading their take on the entire saga.

As Psystar's blogger wrote to end his "Circus" posting, "Stay tuned..." ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Don't wait for that big iPad, order a NEXUS 9 instead, industry little bird says
Google said to debut next big slab, Android L ahead of Apple event
Netscape Navigator - the browser that started it all - turns 20
It was 20 years ago today, Marc Andreeesen taught the band to play
A drone of one's own: Reg buyers' guide for UAV fanciers
Hardware: Check. Software: Huh? Licence: Licence...?
Jaguar Sportbrake: The chicken tikka masala of van-sized posh cars
Indian-owned Jag's latest offering curries favour with us
The Apple launch AS IT HAPPENED: Totally SERIOUS coverage, not for haters
Fandroids, Windows Phone fringe-oids – you wouldn't understand
Apple SILENCES Bose, YANKS headphones from stores
The, er, Beats go on after noise-cancelling spat
Here's your chance to buy an ancient, working APPLE ONE
Warning: Likely to cost a lot even for a Mac
Xiaomi boss snaps back at Jony Ive's iPhone rival 'theft' swipe
I'll have a handset delivered. Judge us after you try us...
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.