Eagle1993

BSA is asking the Judge, May 19th to approve their plan and allow it to go to a vote. TCC filed an objection and this was one of many reasons. Basically, judge, you cannot approve the plan as there has been no decision on HA bases. Since claimants have to approve the plan (67% of them) and they will reject any plan until the HA bases are litigated, there is no reason to approve BSA’s request May 19th. The TCC also shows the power is all within BSA’s control. TCC has already clearly defined the objection to the HA bases and BSA must respond or see their plan rejected. BSA is arguing

TCC is fighting for all $650M ... but it seems like much of the focus is Summit. Here is more from their objection: - They reference $650M ... that is more than Summit ... that must include Philmont, Sea Base & Northern Tier - See below where TCC is making requests for BSA to offer evidence at trial and they refuse to. TCC appears to be saying, reject every plan until BSA provides evidence & this issue can be settled. I agree 100%.

A few more objections to BSA's plan coming in .. Roman Catholic Archbishop of San Francisco joins onto the LDS objection https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a1574d50-34c6-4ea1-9439-648b88930a77_3853.pdf The Coalition of Abused Scouters & Future Claimants Rep join the TCC in objecting to the Lehr settlement (that was the $3M settlement BSA proposed for Lehr). I figured this was coming. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/774c8ab1-d275-4150-bb65-09f0b7a8d4ef_3854.pdf https://casedocs.omniagentsolutions.com/cmsvol2/pub_473

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/c4beb8e1-80a4-4bb4-9ef5-19b94c488fcb_3816.pdf Another objection from the TCC & team front. This one is also very interesting. I found this very interesting. This details out the history & current status of the HA base fight. Would be interesting to see if BSA submits an answer tomorrow. Plus, if JP Morgan can get involved and perhaps a negotiated settlement. Also a bit surprised about this. BSA plans to disclosure their abuse settlements 2016 and later ... but is refusing to release data prior to 2016. I

Forums work well in many ways, but it is probably not the best way to discuss the difficult feelings of this bankruptcy while also discussing the impact to child sex abuse survivors. However, there are not a lot of avenues for this discussion so as long as it remains scoutlike it can continue. That said, I do ask everyone to be patient with each other and not necessarily jump on a single word or phrase as a line of attack. Again, if we were sitting in person, it would be easier to read tone or intent in messaging. Forums are a bit unartful to communicate emotion. I really don't b

I think the poster was speculating a bit. An objection came from the Department of Justice Bankruptcy Trustee which falls under the Biden administration. Essentially ... is it a sign the Biden admin will get involved (like they did the the NRA bankruptcy).

https://whyy.org/articles/boy-scouts-abused-in-other-states-sue-in-n-j-using-untested-strategy/

One of the reasons National BSA has all these claims, is that they had New York as their HQ for a long time, followed by New Jersey as their HQ. That went all the way until 1979. So to me, the state laws apply to national allow lookback windows. So 100% of claims from 1979 and prior are within state laws of New York/New Jersey. My question is with National HQ in Texas and 1980 and later. How are those claims valid? Some would definitely be valid based on Texas SOLs, but I'm curious how the claims in 1980s and most of the 1990s could be valid when National HQ is in Texas.

Agreed. I think the judge should use the US Trustee's objection to: - Eliminate the CO/LC/Insurance settlement talk ... they are excluded from further discussions. They are not part of this bankruptcy. Lift the stay of any lawsuits against these groups. - Set a timeline to determine HA base status & JP Morgan loan. BSA .. provide your justification with documentation, or rule that they are non restricted assets and the loan is not secured (JP won't get back 100%). - Once #2 is done, ask BSA to submit a plan. Only argument then is how much cash they need to run the opera

If you take a look at the above, it appears the US Trustee is saying the BSA cannot (as of now) justify any release of liability of insurance companies, LCs or COs. I then question if the TCC could be given the authority to act on behalf of claimants with councils or COs. Perhaps the TCC now has info that will be used if LCs go bankrupt... but not before then. If I was abused in the BSA, the liability of National BSA (and their insurance companies) could be covered by this bankruptcy, but I should still be able to to sue Council X, CO Y and individual Z. I never signed on any agreement

This may actually throw a wrench in the whole process. I’m not 100% convinced their objection will help abuse victims. Perhaps, but it looks different than any of the others. I did find it interesting that the DOJ lawyer pulled this quote from another case. noting that “...third party releases are not a merit badge that somebody gets in return for making a positive contribution to a restructuring. They are not a participation trophy, and they are not a gold star for doing a good job. Doing positive things in a restructuring case— even important things— is not enough”

Perhaps. The problem with this. 1)How much will councils be able to pay lawyers to defend against sex abuse cases. Anyone can sue. Even outside the SOL window. 2) As councils start going bankrupt and losing their FOS money and camps, who will donate to other councils? I personally would hold back donating to my council until after bankruptcy as I would be concerned my donations would be used for lawyers and payouts. Others may feel the same. 3) How will recruiting and retention go when local media is discussing specific cases of sexual abuse at your local council? It

I first clicked on the link from Kosnoff's twitter feed and it worked without payment required but now it is paywalled. I find incognito mode on the browser sometimes allows access to some articles.

https://www.usatoday.com/in-depth/news/investigations/2021/05/10/boy-scouts-of-america-bankruptcy-exit-plan-angers-abuse-survivors/4995280001/

I expect it won't happen ... but I'm sure UCs can tell when a unit is headed downward. The ideal solution is to improve the unit; however, if that is not taking hold ... I do think it would be in BSA's best interest to end the unit gracefully as possible. In my town, we have 4? Packs .... 1 is barely functional. High dropout rates of scouts within the program and almost 0 Cubs transfer to Scouts BSA. Why would BSA want that Pack to continue ... essentially just giving parents/youth a bad idea of what Cub Scouts are. My Pack is OK, but I'm very concerned that we do not have the volunt

I think the first question is what does the youth of America need. In other words, is the aims of scouting (as written by BSA) still what is needed. Perhaps I would add one more ... "grit" .. but perhaps that is simply a subset of character development that I think is lacking in youth today. Overall, I think the aims of scouting are appropriate. Then, how about the methods. I personally believe the methods are appropriate (if implemented well and in a balanced approach). I still believe youth and parents are looking for an organization that instills the aims of scouting, using th

The way I read this, the TCC is showing how camps can be sold off while remaining camps can still provide coverage for all scouts. So even if BSA can win the argument that camps are necessary, the other argument is that there is excess capacity of camps, so many can be sold off.

I agree that BSA's model is not much better or worse than other youth organizations at this time. However, times have changed and I expect many youth serving organizations are going to have to evaluate their policies. Why? Insurance coverage. Insurance companies will see the billions of dollars from the BSA lawsuit and increase their rigor when insuring youth organizations. One example form below. This is from an insurance company to buy sex abuse insurance for your organization. You can see in their questionnaire, they ask for details on how you vet volunteers. BSA does not do (pi

I think this case shows the issue is complex and dynamic. Ideally, all COs & LCs can work through this bankruptcy and eliminate future risk. Otherwise, we are likely looking at a decade+ of Council by Council, CO by CO going through this mess. Note that in Illinois, today, there is no SOL for civil sex abuse cases. However, they also do not have a revival window (you can't go back to 1960 and use today's laws). Illinois did pass a window, but their Supreme Court found it unconstitutional. In this case ... if it proceeds ...it would go to the jury to decide. All of this is sp

Let's ignore the difference between Arrow WV & BSA as that always seemed a bit questionable. Why would BSA want to keep Summit through bankruptcy? National Jamboree every 3 years, perhaps World every 10. Generates a ton of excitement & positive revenue. Annual summer camps and big HA adventure option for big population areas. Again, excitement & revenue. Ability to provide summer camp as council camps in the region are lost to bankruptcy. ... Not yet true ... but I think we need to be prepared for this eventuality. Many councils will likely have no summer

I looked at a few and they are consistent. Insurance companies have different reasons. One was very interesting as they are targeting a specific council. This firm represents 4,000 claimants. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/7cef4ee9-129c-42d4-8e66-7e691ea43021_3284.pdf I found it interesting to see how they look at council finances and camps. I had a feeling that councils selling camps left and right (just for operational cash) would come back and haunt us ...

Interesting point from one of the bigger law firms. Doe v. Boy Scouts of America, 2016 IL App (1st) 152406. So... this lawfirm's argument is that 100% of the claims in Illinois will be able to proceed against both LCs and COs even though Illinois has a 38 year old limit and no lookback window.

Today alone, here is who is objecting to BSA's plan (there are many, many other objections): 60051 and 63823 (“Claimants”) 90696 91700 92564 93309 94211 Claimants 53 claimants from another firm Travelers Casualty and Surety Company, Inc. (f/k/a Aetna Casualty & Surety Company), St. Paul Surplus Lines Insurance Company, and Gulf Insurance Company (“Travelers”) 1,800 claimants represented by Zuckerman Spaeder LLP Claim No. SA-71855, K.P., Claim No. SA-66172, E.K., Claim No. SA-78274 United Methodist Ad Hoc Committee (the “Ad Hoc Committee”) and its

I have not see a singled filing that is in favor of the new plan. LSD, the Methodist Church, insurance companies and many, many law firms are all rejecting the plan. Outside of JP Morgan and BSA, who is approving? BSA lawyers are a waste of money and hopefully other companies see their incompetence on display. If they cannot generate a plan that gets agreement, then what the hell was the point of the plan. Mosby should fire them and call in a couple of $100/hr lawyers. At least they would be worth their salary and perhaps we can last a bit longer before Chapter 7. The judge needs to

Courts and DOJ in other cases have clamped down on excessive fees. This one seems like she simply doesn't care or is overwhelmed. Look at the Department of Justice going after law firms representing Purdue Pharma as part of their bankruptcy case. I wonder if the DOJ will step in at some point (probably well after the fact).