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Showing content with the highest reputation on 09/22/21 in all areas

  1. One is an element of the bankruptcy Plan. That’s the Disclosure Statement. The other, discovery, is a general element of litigation, taking various forms, that is one party going on a spelunking expedition to mine data and statements from another party. Let’s call it legal “Go Fish.” Each in turn: The disclosure statement is a document that must contain information concerning the assets, liabilities, and business affairs of the debtor sufficient to enable a creditor to make an informed judgment about the debtor's plan of reorganization. https://www.uscourts.gov/services-forms/bankruptcy/b
    6 points
  2. https://www.scouter.com/topic/31928-chapter-11-announced/page/24/ 6/9/2020 a post by Eagle1993 Mediator team now set. Kevin J. Carey … Timothy Gallagher and Paul Finn on the mediation panel, with Judge Silverstein ruling out one of the Boy Scouts' choices to serve on the panel as a group of insurers raised concerns about potential conflicts of interest involving his selection. "What we are looking for is true neutrality," Judge Silverstein said. ... The Boy Scouts have 275 sex abuse claims pending against the parent organization as well as more than 1,000 addition
    2 points
  3. (1) News reports of at least five dioceses distancing themselves from Scouting. The ones Cynical mentioned plus New Orleans and Portland on the upper West Coast. (2) Local rumblings among the Roman Catholic units (3) Roman Catholic committee and UMC ad hoc are obviously in close communication and coordination. Would not be surprised to see the RC group take a very similar direction A lot of moving parts ...
    2 points
  4. Agree that Scout Skills are best "taught" in the context of doing real Scouting activities on campouts not so much in isolation. Often a little friendly competition helps. Cooking - have a patrol cooking competition. Define one meal as having to be cooked on the open fire (also teaches firecraft) Knots & Lashings - have a patrol competition for the best campsite gadget - maybe a pot holder for the cooking competition above? Or who can build the biggest tower that will support a Scout. Or can fire a tennis ball the furthest? (Assuming BSA hasn't banned catapults and trebuchets)
    2 points
  5. 2 points
  6. Modern tents are almost knot free. Teaching scouts to make a shelter with tarp and ropes gives them a life skill.
    2 points
  7. There is “difficult” to overcome the statue of limitations and there is impossible. That scale came in from the TCC lawyers professional opinion on what the real possibility was to find a way around the limitations. Places like Alabama were listed as “closed”: no chance. Etc.
    2 points
  8. Exactly. There is this magical:fantasy idea that all that needs to happen is to get the 50000+ time barred claims into state courts and suddenly a) all the statutes of limitations will go away and/or b) the insurance companies will pay millions per claim. even in the scenario @Muttsydescribe we are talking 50-100k. Not the millions and millions. and the idea that somehow you’re going to threaten insurance companies with court is a joke. First you have to find a lawyer willing to work on contingency in the face of a case where the statute of limitations ran out decades ago. Then you h
    2 points
  9. In state courts one usually follows the other. This from my Utah courts friends Disclosure and discovery are mixed in time, in approximately the following order: https://www.utcourts.gov/howto/courtprocess/disclosure-discovery.html initial disclosures; fact discovery; expert disclosures; expert discovery; and pretrial disclosures. "Approximately" is doing some heavy lifting here, but you get the idea.
    2 points
  10. The Judge's fixation on the Local Council's was unexpected. Third-party releases are quite the concern nowadays. We should all remember that this was a DISCLOSURE hearing and nothing more. Can a judge approve disclosure for a faulty plan that has legal issues? Yes. THOSE are decided at a later date. I know. Illogical.
    2 points
  11. People of integrity, selling whatever it is they're selling, don't do things like that. Every time I deal with a vendor who undersells I make a huge deal out of pointing out what it means to me. Last week I had a guy bidding garage doors and openers. Mine are 21 years old, dated and the openers have put in for Social Security (eligible in garage door opener years.) When I asked him about this really expensive set up, wanting to never do this again, his answer said it all. "Well. I think that's overkill and you don't need it and probably won't ever use it." Sold. One of my friends is part of a
    2 points
  12. This is probably not the case to get your feet wet... WOW. If she is not careful, this case will end up in appeals hell.
    1 point
  13. His comments were wrapped around the issue, and he challenged the debtor attorney on this, exactly what can survivors expect in the way of settlements? The judge seems unwilling to have a disclosure statement that lays this out?! Of note....the judge commenting earlier that she is "new to mass tort bankruptcy." Wow. That should really make victims feel comfortable.
    1 point
  14. I think the September 20th date made a lot of sense if the thought was the pretty much final plan was to be reviewed at the hearing September 21. I didn't follow the hearing today but the several hours I had it on yesterday ... it seems like we may be weeks away from closing out a plan that will go to a vote. Even then, it sounds like post vote, the plan could change a bit. So ... there is still time for a CO deal with the UMC.
    1 point
  15. Hand-picked by the Coalition. So...control the Trust...pick the Trustee in charge of distributing the money.....
    1 point
  16. This is Pack equipment. For our purposes. I think I am going to make some of these. He suggests using a file folder. https://italianmeddiet.com/wp-content/uploads/2013/08/Kitchen-Knife-Sheath.pdf
    1 point
  17. Talks primarily to LC disclosures and the judge encouraging the TCC to share the information they have. https://www.reuters.com/legal/transactional/boy-scouts-plaintiffs-lawyers-call-breakdown-local-council-abuse-claims-2021-09-21/
    1 point
  18. They attorney from Guam is bringing up again what Stang and others have: the COs should be subject to the same kind of analysis of how "substantial contribution" the LCs are and that includes a listing of all assets and how much of those assets are being put in. The LDS has $100 billion. https://www.wsj.com/articles/the-mormon-church-amassed-100-billion-it-was-the-best-kept-secret-in-the-investment-world-11581138011 $250 million is almost a rounding error at that point. The BSA wants to push this off until Confirmation and claims that total CO assets vs. contribution should
    1 point
  19. Today starting at 10am with a break in the middle. https://www.deb.uscourts.gov/sites/default/files/moveit/LSS.html
    1 point
  20. That won't happen. The TCC will include its recommendation in any packet.
    1 point
  21. Perhaps the Dread Pirate Roberts is the one to untie the Gordian knot, and since it has been stated the the judge is the person to do the untying, then he would need to be Judge Dredd Pirate Roberts. 😉
    1 point
  22. Boy, I would love someone to explain to me why National thought this would be simple, and "we'll be out of this by Fall." It ALMOST looks like all of these issues are catching the principal folks (National, TCC, and such) off guard. (The process we are now in is that the main players are digging deeply into all the minutiae that affects them; the issues are exploding exponentially and will entangle and consume the litigation process. It is rapidly becoming a "Gordian Knot." Alexander the Great untied the Gordian Knot by slicing it in half with his sword, thereby fulfilling prophe
    1 point
  23. I am just going to say that given the infinite number of variables in making such an evaluation, the reading of tea leaves must play some part. As an example: "We rate State A as having an 8% probability of reopening its statute of limitations." How is that 8% determined? There are time considerations in getting the job done. If 2 or 4 years, then will the political makeup of the legislature change yay or nay? A new Governor who is more or less likely to sign the bill? And if vetoed, will the then (in the future political makeup of the legislature) be able to override a veto
    1 point
  24. It was the TCC that demanded it as part of the RSA/Plan 4.0 in order to get the TCC onboard. BSA’s Plan 3.0 was to give time barred claims 1% of claim value per the abuse matrix. So the “Tier 1” abuse would be $6,000-$27,000
    1 point
  25. Excellent question. I was late to the game here and know little of the "grey scale" concept as discussed in this forum. My understanding, and I could be entirely incorrect, is that the gray scale originated from National in an early Plan. IF, and only IF that is the case, the question becomes, why would National include clearly time-barred claimants as a class of creditors to receive some payment? And the only answer I can come up with is that National wanted to appear that it was trying to "equitably compensate" abuse survivors. My second best idea (at least to me), is that th
    1 point
  26. I would have to see this to believe it-all of the facts and circumstances, applicable statutes, contracts, etc.. My favorite is the divorce client who claims his buddy at the shop "got to keep his house." Insinuating that the guy always gets to keep the house, or that the buddy's lawyer was really good. Well, generally, it turns out the buddy gave up his pension plan benefits in an equal value exchange, or some other asset the buddy is not bothering to mention. "Always got to look like a winner." Statutes of limitation are pretty much made of granite.
    1 point
  27. Document discovery (letters, memos, reports, contracts, etc.) and discovery of tangible things (a failed valve, for example) is generally done first. THEN, depositions follow, and the witnesses are questioned about those documents and failed valves, so you can learn what they will say in court about those documents and failed valves. If the depositions were done first, there would be little to question the witness about.
    1 point
  28. One of the significant differences between disclosure and discovery, is that the disclosure is "crafted" by the debtor to show what the debtor wants to reveal-and in whatever light the debtor believes will present a favorable view of the disclosure and elicit votes approving it. Something akin to lawyers taking over the marketing and sales departments. Discovery, on the other hand, allows a party to a lawsuit to request documents, computer data, nearly anything even remotely connected to the litigation, so that the requesting party can examine it, and draw their own conclusions regardin
    1 point
  29. For now when their state Supreme Courts strike them down as unconstitutional look out. The fact is it is a fantasy a pure pure fantasy to suggest that suddenly all the statutes of limitation are going to go away or that 100% of victims will get 100% of claim value. just think about the example you used that there are carriers handing out 50000 to 100000 that’s a far cry from millions and millions.
    1 point
  30. Those laws are being ignored or circumvented. Look at CO and LA. Years ago in a political science class, my professor remarked that “nobody’s life or liberty is safe while the legislature is in session.” I think a survivor if presentented with hope or 15k, will choose hope.
    1 point
  31. I dropped off the call and was primarily focused on work today, but a few things points I took away: The delays are done. We are now at the start of the beginning of the end. Current focus is the disclosure. Expect this to take most of the week. The judge has been clear that disclosure is separate from discovery which is separate from plan confirmation. There are some pretty big questions. Does the LC, LDS & Hartford money go to all (an LDS attorney wasn't sure and it could impact the vote)? What amount of detail is required in the disclosure ... sounds like more
    1 point
  32. And my follow up would be: Just how many were induced to join in filing a claim BECAUSE of the high dollars that were pitched? Perhaps if the dollars were more realistic to begin with, borderline claims may have never been filed, leaving the limited funds to be distributed to a smaller pool.
    1 point
  33. Some have said there's not fraud in this case, other than a limited area identified by that poster. I think that remains to be seen. If true, smells like fraudulent inducement to me. I have zippo words for how I feel as a human, never mind attorney and BSA child sexual abuse survivor, about what is being alleged by the insurers. If true, it's reprehensible.
    1 point
  34. This rather a cumulative question derived from several posts, so I'm not sure who to quote. We have many hints and no so subtle comments that the Coalition is ready to get out, collect the 40%+ and walk off with whatever that amounts to, likely in the range of $400Mish ish. Not sure how many claimant attorneys make up the Coalition, but that would be fun to know. Anywho, that's not my question. We keep talking about convincing clients to vote and bringing in ballots on behalf of or against a Plan. Many moons ago there was a fight about who gets to put their flyer in the coupon section of all t
    1 point
  35. Just curious: To you lawyer types..... Is it tantamount to legal malpractice to draw in clients with pitches of hundreds of thousands or even millions of dollars when there may only be like $5k? It just seems so egregiously negligent. The wounds this has ripped open for everyone is a high price to pay for the way this has played out. It would not surprise me to hear that more than a couple of victims end up going over the edge. The whole thing is so disappointing. At this juncture, they might just as well approve the best terms and divide it up among valid claimants. Doesn't seem like th
    1 point
  36. Napowan will be sold off by the PAC (merged old Chicago Area plus others). They recommend going to Owasippe. https://myemail.constantcontact.com/Camp-Napowan-Property-Update.html?soid=1127193000603&aid=9Y0yimgjomo
    1 point
  37. I don't believe the KKK was ever considered a noble organization. It's less that "almost any institution" from the past can't "withstand the scrutiny of the present" so much as no institution can withstand scrutiny based on its own grandiose view of itself. It's where humility should come in.
    1 point
  38. No we do not cancel for bad weather. We change plans for dangerous weather. No one has said there is never a reason to change or if need be cancel an outing. Being prepared is just that, being prepared to deal with bad weather and if necessary use alternative plans if weather is dangerous. No one said "never cancel". And it's a bad analogy. A coach can't say "we have a game scheduled 60 miles to the East, but there is heavy lightning there, so instead we are going to go 60 miles to the West where the weathers is great and play the game. A well prepared Scouting unit can. Fana
    -1 points
  39. Curious take on your part considering many think you take on CO's is fringe/fanatic. Really, I have never hear of an IH that was not the head of the institution. But that does explain a great deal about your over zealous take on what a CO is.
    -2 points
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