Eagle1993

"If the plan is confirmed, the confirmation order will provide that the settlement trustee will propose procedures to suss out fraudulent claims taking into account factors she deems appropriate, which can include a cost/benefit analysis. Those procedures will be presented to the court. The STAC will have no consent or veto rights over these procedures. In addition to disallowance of a claim, penalties may include seeking prosecution of the claimant or claimant attorney for representing a fraudulent claim." She seemed VERY upset over what she herd with claim approvals. Basically, if s

She found some issues with post bankruptcy settlements. Basically, all parties must be notified even if bankruptcy court approval is not sought.

She overruled several objections including pro se claimants, the Girl Scouts (not that matters anymore) ... on page 204 of 281

TDP (Boy Scouts of America Trust Distribution Procedures for Abuse Claims) Findings ... ... she will not find the TDPs as "fair and equitable settlement of Abuse claims" as she does not see a need to do this to confirm the plan. ... she will not find the TDPs under Historical Consistency Finding. Again, she doesn't think she needs to do this to confirm the plan. ... she will not find the TDPs under "The Binding Finding" ... unnecessary ...she may agree to "They Allowed Claim Finding" .. however, needs an update .. she will not find the TPDs under "The Good Faith Fin

She rejects the third party releases for TCJC (Church of Jesus Christ of Latter-day Saints} as they went too far. That is why she is excluding their $250M settlement as she expects that may change. The issue is TCJC were attempting to clear out mixed claims. She is ok clearing out pure scouting abuse from TCJC, but mixed claims are a bridge too far. So ... "... I decline to approve the TCJC (Church of Jesus Christ of Latter-day Saints) Settlement."

She concludes that there is statutory authority to grant third-party nonconsensual releases. She goes through pages and pages including discussing Dr. Kennedy & Mr. Meidl's moving statements in support of the plan. In the end, she believes this case the releases are allowed. Major hurdle cleared here.

A bunch of more objections by Lujan were denied. So far, (page 120 of 281) there is 1 major issue. BSA cannot transfer the Guam abuse insurance rights to the debtor until the Guam bankruptcy concludes or that court addresses the issue.

7) The settling insurer settlements meet the standard required. Each insurer met the standard vs Ms. Gutzler's analysis EXCEPT Century. However, two points. BSA & Century were litigating coverage before bankruptcy & there is doubt if Century can pay more anyway. Plus, TCC, Coalition & FCR approved it. First Issue: She cannot approve the sale of abuse insurance policies in Guam. The Guam bankruptcy court blocked it during the Archbishop bankruptcy there and based on a review of law. A win for Lujan & Guam...

It is very long! Will attempt to summarize her findings: 1) She agrees with the Bate's estimate of $2.4 - $3.6B. 2) She agrees with the insurance expert that potential allocation to solvent non-settling insurance companies is between $321,319,886 and $400,546,854 and total limits of coverage potentially available is $4,295,878,628 and $4,404,844,433. 3) Based upon 1 & 2, the judge concludes that if the plan is confirmed, direct abuse claims will more likely than not be paid in full. 4) She CANNOT approve the $250M contribution from TCJC (Church of Jesus Christ of Lat

Opened up new thread here Locking this one down.

Well, we have an opinion on the docket. From my brief review, it is not an approval; however, not a full rejection. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/9ba8739e-283b-4ce4-b328-5a1eda289f30_10136.pdf Please keep the discussion civil.

The most violated rule in all of scouting is the charter org agreement. From training to product sales, many charters are not following the agreement. I think if units want to see councils crack down on rules, there are many rules not currently heavily enforced. Just start reading all of G2SS. Personally, I do agree with you. BSA should not have any rules they don't intend to fully enforce. That would probably prevent them from writing unnecessary rules.

It is definitely confusing.

I have one transgender youth in my Troop (who is life and is working towards her Eagle). By having a very closely linked Troop, it has greatly simplified this change. From my experience, gender has a bigger impact on scouting than sexual orientation (which actually rarely if ever comes up). Sexual orientation, to me, has no real impact on scouting. The issue with gender is shared tents, showers, separate units, etc. Talking with scouts, full transgender is still actually pretty rare at schools; however, from what I have seen, the use of "they" is more common. As a SM, what do w

Several councils have kicked off pilot programs for coed dens. Feels a bit odd as many if not most coed packs I know of already operate this way. https://colbsa.org/familyden/

I've never heard this. I struggle to get enough adults to come to camp already... High adventure hasn't been an issue. Summer camp, they scatter.

I'm not sure about Summit, but BSA pay for staffers is far less than other summer camps in my area. Talking with some, camps are paying around $800 per week for staff. My daughter has gone to several camps and there appears to be no shortage. BSA needs to learn about capitalism.... If you want staff, you need to pay. These kids have options for summer jobs. Now, that also means you probably make less profit from summer camps and likely need to charge more. My BSA summer camp also had shortages of staff, the major impact was the riffle and shotgun ranges where they didn't really have

It's all over. All lawsuits dropped. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/b530ab19-6224-4f25-af12-fa7a92aa4b01_10117.pdf

Yes, they have a staff.

Bankruptcy Professor Melissa Jacoby just tweeted out thoughts as to why the BSA plan hasn't been approved. I found this to be a good summary that could explain. As mentioned, perhaps the judge is being very careful to ensure district/appeals approves the plan AND no one takes this plan as precedential where it is not intended to be. That plus the possibility where it is not an all-or-nothing could mean this is a very complex ruling that is just taking 3+ months. In case, good to see an expert weigh in.

https://www.courthousenews.com/second-circuit-looks-askance-at-6-billion-oxycontin-settlement/ There is this... I don't think she can call up the judges ... but if she watched the hearing, perhaps she saw comments from Judge Lee and Judge Wesley and thought ... uh oh.

Let this sink in. Purdue Pharma, complex case, had confirmation hearings in mid/late August 2021. Judge Drain did a 5+ hour ruling approving the plan September 1. Days after the last hearing. That plan was rejected by district December 16. So, 3.5 months to get a ruling from the bankruptcy judge, have that plan then reviewed by district and rejected by district. The BSA plan is already at 3+ months post confirmation hearing and still no decision. This seems very odd. Perhaps a bankruptcy lawyer can explain how common it is for a judge to not rule for 3+ months after a confirmation

No idea. Heard rumors the judge is waiting to hear appeals court ruling on Purdue. If that isn't the case, it doesn't make sense. I wonder if she has everything ready except the third party releases.

Big issue is Cub Scouts. I would love to know that number. It recovered some post Covid, but I think we will struggle with numbers as the Covid dip starts hitting Troops. 667K seems incredibly low...

Will keep this locked until we hear more news to discuss. The hearing for July 20th was cancelled at the request of BSA and non settling insurers. Next schedule hearing is August 24, 2022.