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Eagle1993

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Everything posted by Eagle1993

  1. The issue is that the Judge cannot invent/modify laws because there is no other alternate plan. There is always options of National only or consensual nondebtor releases. She was clear that she will evaluate statuary aspects of the plan, releases and injunctions. She previously said she had concerns and marked up sections. DOJ was clear that this plan is non confirmable ... it violates law. TCC has also been clear it violates law. The changes could be substantial and impact settlement amounts. While possible, I find it highly unlikley the current plan is approved. I do
  2. Really good input. I am very concerned about the debt load that BSA will face post bankruptcy that will continue to drive costs higher. In my school district, I attended the Girl Scout recruiting event for my daughter when she was in K5. Cost - $25 ... no unit fee. When the council person was asked about fees, they said they are MUCH cheaper than Cub Scouts and everyone laughed (this was before the more recent BSA fee increases) Uniform Cost - $20 Patches ... very cheap Fundraising ... they ask but no requirement to sell cookies (easy to sell) Minimum to
  3. I didn't get the sense that the amount of money was the issue. The issue is that if there is nothing in bankruptcy code that specifically allows nonconsensual releases of non debtors. There is also a constitutional question (Article I courts vs Article 3 courts). My understanding and will definitely welcome input. In terms of the constitution, the Supreme Court is the only federal court established by the Constitution. Based on the Constitutional Convention, the SC determined that Congress can establish courts under Article III with judicial powers and Article I with legislative p
  4. Some, perhaps including the DOJ, seemed to think this is a waste of time. It definitely seems like they are headed to plan confirmation. If the plan changes greatly, I expect it will have to go out to vote again. In terms of beating a dead horse ... the reality is that the judge has not really ruled on any element of the plan. So, the plan is not dead and her rulings will help (hopefully) provide more guidance to get to a plan that can be confirmed. Given how long each vote will take (and the expense) I expect BSA and others would like the next plan to be approved ... they don't
  5. Including the TCC? The sides were so far apart on financials and structure of the plan.
  6. Looks like I missed a key update. Sounds like we may see an updated plan later this week. Will be interesting if it is a tweak (like $100M more) or a more significant change. Boy Scouts lawyer touts ‘significant progress’ towards sex-abuse settlement | Reuters
  7. A lot of back and forth on discovery & depositions today. I wasn't following too closely; however, I listened closely to the judge & DOJ. 1) DOJ rep said that they have no opinion on the back and forth as in reality the plan is going to fail anyway. He went on a bit, but afterward the judge said thank you and no one said anything else. I was a bit surprised how confident he was that this plan is dead. 2) The judge said she has multiple jobs to do during confirmation. That includes the settlement, the releases and the channeling injunctions. Each of those have different s
  8. I think it will depend on what they do post bankruptcy more than what they do during bankruptcy. If they don't change course and keep going down their current path, I expect they back in bankruptcy court in 5-10 years and they will lose most of their properties. I don't see them fading away fully ever, but they could become a very small group <0.5% of all youth and perhaps <1% of boys.
  9. Yes, propane camping gas, which is mostly butane. Agreed ... but typically at Klondike our time (and number of fire areas) are typically limited. Traditionally we haven't been able to have fires outside of 1 fire pit (with 3-4 patrols total). We do have adults handle the white gas stoves.
  10. "We are staring down a confirmation hearing with no final settlement agreements." - TCC
  11. Feb 22 will be full day, Feb 23 will break at 1, Feb 24 full, Feb 28 already has conflict ... so no hearing the 28th. Attempting to understand how many days in a row they can go. Given # of witnesses listed, need to know if they are all going to be called. DOJ - no position on motion. However, DOJ says all of today assumes plan will be confirmed and it will not.
  12. Break in hearing (I missed the first 50 mins or so and am only partially listening. There are dogs barking, people talking now in the background. Sounds like a "good dog". Now a baby crying. Clearly CO's have been concerned that their insurance is protected. They have other non scouting risks they need that insurance for. The insurance companies likely want to say it is being used without openly saying it is ... Will be interesting to see what the judge decides.
  13. Very upset lawyer today from Roman Catholic Church. Basically, they are saying insurers are using their (the church's) policies to pay for the settlement. He said ... just say they are not being used and they are fine and insurance companies are refusing to say that. Also, several insurance companies said the term sheets of their settlements are not final due to movement in mediation. They can't be specific on changes. Insurers stated it is unclear on number of chartered orgs involved. Range is from 40,000 to 100,000 organizations.
  14. One other point that I didn't see mentioned. Propane performance degrades a lot as temps drop below 20F. We typically use white gas stoves for Klondike. However, we found a trick where you heat a pot of water on a white gas stove (not boiling, just warm). Then, place your propane tank(s) in that pot to use the other stoves. It works, but we found just using white gas easier (and probably a bit safer) than putting tanks of propane in warm water.
  15. To be fair, I think only 1 person really has a good understanding of what is about to happen ... and she does not work for the BSA. BSA, TCC, and other lawyers may have some guesses where this is headed and they are probably well informed. I expect the Ad Hoc committee is probably updated. Now, as you go further out, less and less is known. Perhaps a few senior leaders of each council are updated, but even then, what they are told is probably limited. So, what is known outside a very limited group isn't much. There is a proposed plan. If it is approved as is, then councils are
  16. Already a lot of great tips. A few more. 1) Go to the bathroom before going to bed. If you end up waking up as you have to go to the bathroom, just head out and deal with it. Yes, you will get cold for a short time, but your body will use energy holding it in otherwise. 2) This was mentioned and is really key. We tell our scouts to completely change their clothes before going to bed. They may be moist with sweat otherwise, so changing into dry clothes is key. 3) Pack clothing in large zip lock bags ... to keep them dry. 4) Open up boots/laces as they may freeze overni
  17. There is definitely a balance. Too large of a council, you lose connection with the variety of areas you serve. Too small of a council, you cannot have sufficient staff to specialize in all the areas councils are expected to function (program, camps, fundraising, training, HR/legal, etc. Given the massive debt and severe financial distress BSA (and councils) are facing post bankruptcy, I think the only way to survival is mergers. Having a bunch of financially weak councils with camps falling into disrepair, lack of programs, limited money for PR/recruiting, etc. will lead to collapse.
  18. Minor updates to plan df1f7288-a10b-4167-94ec-63699a871e04_8567.pdf (omniagentsolutions.com) The interesting section is where councils have changed contributions (look at the blackline). For example, Denver is now contributing $6M of cash vs a $6M property. Other councils lowered cash and added property (Heart of New England, Northeast Illinois, etc.).
  19. The reality is that BSA has far too many councils. Just as they restructured regions and areas they will need to cut councils down. I have no issue paying a SE a large amount if he/she does a great job and grow scouting in their area. I get emails from several different councils. From the program offerings to the user experience of the message parents see vastly different versions of BSA. Hopefully when there are mergers, BSA identifies the well run councils and has them take over some of their neighbors.
  20. National will: Never declare Chapter 7 Never sell Philmont, Summit or major trademarks Outside of that, I see everything else on the table. So, yes, I could see National sending out a "request" to create a LC wide note to help fund National if needed. However, I think even this will be avoided. Their artwork alone would probably get them until mid 2023.
  21. One point that keeps coming up in the bankruptcy is BSA's financial situation. BSA lawyers have recently stated they may need to start selling assets (oil leases, art work, etc.) to keep going. These threats have been made from time to time. I took a look at the financials posted since the beginning of bankruptcy and below is the total net unrestricted liquidity BSA lists. So, when will BSA run into trouble. $66M of these assets appear to be retirement benefits that are invested. While unrestricted, I don't think BSA can really touch those to keep operating. I believe
  22. Another hearing scheduled, Feb 1. 42aeca4c-d1b6-462c-b8ba-bcd220071581_8487.pdf (omniagentsolutions.com) This is BSA vs Roman Catholic Church & Century vs Roman Catholic Church (Ad Hoc Committee). Basically, disagreements on deposition requests.
  23. I was looking for that quote ... but yes, a lawyer quoted her Millenium decision and she said something like "don't quote me to me". She also said her Millenium was different than what she will need to rule on in this case. She has a history of approving non-debtors and approved this RSA. On the flip side the other district decisions have come out since the RSA + she has made comments about concerns, markups and how Millenium doesn't fully apply here. At least with the hearing, we will know where she stands with respect to the plan and objections. She mentioned speed is critica
  24. I guess the few times I listened in to hearings, seeing them on the docket or deposition (that Kosnoff released) I was impressed by their firm. They were the only one to join the TCC to ask for a status hearing. Patterson is a great lawyer and expert on bankruptcy.
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