It's why cases like this are supposed to have time boundaries. The vast majority of these cases lack people who can defend themselves. Deceased. 40 years ago. Society has DRASTICALLY changed.
Abuse is always wrong ... but that does not make this court case right.
The same can be said of scout leaders. The vast majority are ethical, high standards individuals. Now, BSA is in financial bankruptcy pursued by ethically bankrupt lawyers.
... my sad attempt at humor in this ugly situation ...
We don't know because it has never been done before. There's never been a bankruptcy of a Congressional Chartered organization. The Congressional Charters that have lapsed have been because the membership ceased to exist. For example the Grand Army of the Republic (GAR) was a fraternal organization made up of ALL union veterans from the Civil War. When the last vet died, it ceased operations.
The idea is that Boy Scouts of America (the chartered, incorporated entity) will survive with either:
a) zero assets (liquidation-in-all-but-name) or
b) minimal assets.
We know what folks like Kosnoff want (zero assets) but what does the bankruptcy court want/is comfortable with? And the other plaintiffs lawyers?
That's not how bankruptcy works. When a bankruptcy is final, that entity is essentially dead and it's replaced by a new entity of the same name but with no liability for anything that happened before the bankruptcy. So even if other states remove the time limits on suits, they would have no recourse against the post-bankruptcy BSA. (the Councils might be a different matter)
The only way I've ever heard of to get money out of a post-bankruptcy entity is to argue that they did something fraudulent during the processing of their bankruptcy that means the bankruptcy proceedings should be re-opened. The only times I've ever heard of that happening it's been when some person or company actively hid a debtor.