Eagle1993

Prof. Jacoby insights below: "Impact: trust can be implemented. Even if 3d Circuit were to find flaw in plan upon further insurer or survivor appeal, almost impossible to unravel plan under 3d Circuit precedent." In addition the hearing over the coalition fees occurred yesterday and it sounds like the court is not fully on board but not yet decided. We will have to wait for a ruling.

Today is my birthday... What a present. While the process was terrible I'm not sure there was a better path to compensate victims. I hope the trust is able to ramp up quickly and find a way to provide some sort of closure to those abused. BSA exits in a much weaker state than it entered. For it to survive, strong leadership and bold action is needed. In the end, I'm glad this forum was a spot where both victims and scouters were able to interact. I hope it helped on various levels. Most of all, I hope child abuser find less and less opportunities to harm children and perhaps this case will help.

Prof.Jacoby questioned the "paid in full" due to valuation issues & cost of trust. No one really knows, it is a guess. I think the hope is the non settling insurance companies will pay up ... that is in question as well. In any case, I still think this is likely the best deal available.

That makes sense. In the town hall, there was some hedging about the April 12th date; however, then I question why there would be a request on District Court for the following: It seems like the individuals appealing believe this goes effective April 12th unless District Court acts, but you could definitely be correct that a stay request to the Appeals Court could push it day by day until answered.

There appears to be several different stay requests. District Court stay ... basically, District Court would delay implementation of the plan until the appeals court rules. District Court temporarily stays ... District court would delay implementation of the plan until appeals court rules on a stay. Appeals court stay ... assuming District Court doesn't issue a stay, Appeals Court could issue a stay. Perhaps they could make it temporary, not sure. Based on the townhall, it seems like the 1st option above is very unlikely. There seemed to be a bit of hedging if a temporary stay would be granted ... so there could be a week or two delay in plan effective date. I don't think that would be a shock based on the townhall. The big unknown and perhaps big shock would be if the if the appeals court issues a stay until they rule. If that occurs, we could be looking at a long delay (for example, it has been over a year waiting on the appeal ruling of Purdue Pharma). Plan goes effective Wednesday if no action is taken.

This was mentioned in the Townhall, but the docket has been updated. - There was a request into the District court to allow legal arguments to go beyond word limits when arguing about the stay (the judge denied that request ... he wants short filings) - The judge ordered that all objections to the stay be filed by April 6th and any responses (and responses are not required) shall be filed 1 day later (by April 7th). - The BSA filed a brief pushing back on the stay. Several survivors also sent in objections to any stay. e62a6865-915f-4d79-aa69-4118f2a9a64f_164.pdf (omniagentsolutions.com) - The Insurance companies, D&V and Lujan submitted a response. The insurers seem to be asking for a variety of stays ... if you don't like a long stay, 1 short stay or a short and medium stay would work as well. Just please, please, please don't let this become effective April 12. 15940dca-6a44-458d-ad75-825f825ad427_174.pdf (omniagentsolutions.com) Now we wait. If the District court denies a stay we are down to the appeals court ordering a stay pending their review. If they don't issue a stay, the plan becomes effective April 12th. Then, the TCC disappears, the appeal will continue but likely be moot and the trust ramps up big time. Post bankrupt BSA would emerge and who knows what is on the other side... In terms of claimants, it sounds like they will need to be patient as it will be a while for the trust & claims process to get moving ... but at least it would be one big step closer to some sort of closure.

FYI ... message from Troop Track:

@slocumscout Yep, I think you are correct. Also note, as of April 12 (if the date holds), the Trust takes ownership of the mineral rights & art work. The head of the trust indicated one of their early jobs will be selling off those as well as they have to turn it into cash. How those are sold (in bundles, separately, auction, etc.) is TBD and the trust will find a partner to help sell those assets.

I think you are going to see a more property sold than mentioned above. Councils are property "rich" but cash poor. I wonder if they just use this as an excuse to sell off a lot of camps and take the excess cash. In my council they sold their main camp even though it wasn't on this list. Their "plan" was to invest in the other camp. Limited investment so far but I have seen more council staff hired than I have in the last 10+ years ... and few are DEs.

The Property Contribution shall be structured as follows: The relevant Local Council shall agree to (a) retain title to the property (and pay insurance, property taxes, other associated ownership costs and any yet unremoved debt, all on a current basis), subject to, at the election, cost, and expense of the Settlement Trust, a mortgage in favor of the Settlement Trust, (b) post (and keep continuously posted unless otherwise agreed by the Settlement Trust) the property for sale within thirty days following the Effective Date with a qualified real estate broker that will use standard and customary marketing practices, (c) present any written sale offer to the Settlement Trust for approval, (d) present to the Settlement Trust for its review and approval all final proposed terms of any sale and purchase offers (including price, timing and other terms) (“Proposed Final Terms”); provided that if any Proposed Final Terms would impose additional costs on the Local Council and the Settlement Trust accepts such Proposed Final Terms, at the Local Council’s option any such additional costs shall be deducted from the proceeds or paid by the Settlement Trust, and not by the Local Council,5 (e) remit the proceeds of the sale to the Settlement Trust at closing net of posting/listing/marketing fees, escrow fees, sales commissions, and other typical costs of sale.6 The Settlement Trust may review the marketing and sales efforts undertaken by the Local Council and request that the Local Council make changes to such marketing and sales efforts as are appropriate and lawful; provided that any costs associated with such changes will be paid, at the option of the Local Council, by the Settlement Trust or out of the proceeds of any sale. If the Settlement Trust is unsatisfied with the sales and marketing effort, the Settlement Trust shall have the right to require the Local Council to promptly transfer the property to the Settlement Trust by quitclaim deed. If there is a shortfall or surplus of net proceeds as compared to Appraised Value, the Settlement Trust shall bear the risk of the shortfall and keep the surplus. If the property is not sold on or before the third anniversary of the Effective Date, the Local Council and the Settlement Trust each shall have the right to require the prompt transfer of the property to the Settlement Trust by quitclaim deed. If the Local Council receives a cash offer for the property the value of which is at least equal to its Appraised Value, the Settlement Trust shall accept the offer if no superior offer is made within thirty days (or, if a lesser time is specified in an offer received, then such lesser time) or accept a quitclaim deed for the property.

In total, BSA councils have to pay $500M plus $150M note. In the plan, they state some councils may not be able to come up with money and others may not be able to sell the property.. so they over planned a bit to ensure they hit $500M. In your council's case, they probably helped take the pressure off another council.

This list of councils are those selling $200M of property to cover some of the fees. More councils are paying cash. The linked file has all council contributions.

Found it here da60d7ce-df85-45e9-9737-4dd1a5d50014_6445.pdf (omniagentsolutions.com) Exhibit C Councils that will likely be or have already sold properties to cover the $200M cost: Property Value to be sold (already or will be listed 30 days after effective date, which could be April 12). Again, this was proposed late 2021 so the list could have changes. All in all, councils must give $500M in cash & property. The cash comes the effective date (per plan) and property must be listed by 30 days post plan. One final note ... my council wasn't listed as a property seller, but sold their primary camp. So ... this list may not tell the whole story. Rounded #s below: Greater Alabama - $1.5M Tukabatchee Area - $0.4M Black Warrior - $80K Grand Canyon - $4.6M Catalina - $30K Sequoia - $71K Southern Sierra - $26K Long Beach Area - $2.2M Greater Los Angeles Area - $2.7M Orange County - $13M San Diego Imperial - $2.7M Western Los Angeles County $0.3M Los Padres - $1.2M Silicon Valley Monterey Bay - $2.4M Greater Yosemite - $2.2M Denver Area - $6.0M Old North State - $4.4M Connecticut Yankee - $1.5M National Capital Area - $3.2M Gulf Stream - $1.2M Greater Tampa Bay Area - $5.0M Northwest Georgia - $0.2M Northeast Georgia - $0.2M Abraham Lincoln - $0.4M Buffalo Trace - $72K LaSalle - $0.7M Quivira - $1.0M Istrouma Area - $0.7M Southeast Louisiana - $1.3M Katahdin Area - $0.3M Spirit of Adventure - $1.5M Nothern Star - $0.7M Gamehaven - $0.3M Andrew Jackson - $0.6M Ozark Trails - $0.9M Heart of America - $3.0M Pony Express - $0.4M Las Vegas Area - $0.1M Daniel Webster - $1.9M Monmouth - $1.2M Patriots Path - $1.9M Twin Rivers - $0.5M Longhouse - $0.8M Five Rivers - $0.8M Iroquois Trail - $0.2M Greater Niagara Frontier - $1.5M Allegheny Highlands - $0.6M Leatherstocking - $3.4M Conquistador - $2K Central North Carolina - $0.4M Occoneechee - $0.9M Cape Fear - $0.9M East Carolina - $0.9M Buckeye - $0.7M Tecumseh - $0.2M Simon Kenton - $0.2M Miami Valley - $1.3M Indian Nations - $0.7M Crater Lake - $0.3M Moraine Trails - $1.0M Westmoreland-Fayette - $0.3M Cradle of Liberty - $6.4M Coastal Carolina - $75K Blue Ridge - $1.1M Pee Dee Area - $0.6M Cherokee Area - $1.2M Great Smoky Mountain - $105K West Tennessee Area - $141K Buffalo Trail - $1.1M Alamo Area - $1.8M Crossroads of the West - $1.3M Green Mountain - $0.2M Tidewater - $51K Heart of Virginia - $0.6M Blue Mountain - $0.6M Mount Baker - $2.2M Grand Columbia $135K Mountaineer Area - $!11K Ohio River Valley - $60K Samoset $31K Great Rivers - $0.4M Blackhawk Area - $1.5M Garden State - $1.8M Rainbow - $0.2M Michigan Crossroads $2.2M

The video was helpful, thanks! One interesting point ... as of April 12 (if there are no delays) ... the plan goes effective. That means we will start seeing assets transfer from the BSA to the trust. Artwork, mineral rights, cash payments, council properties, etc. Council Contribution hitting April 12: $300M in cash $200M in Property $125M Note The $200M of property must be put up for sale within 30 days of the effective date. Does anyone know where to find the final property list? I'm sure some have already been listed, but we may be in for a jolt by mid May.

BSA is back to $81M of net unrestricted liquidity, or $37M less than end of February 2022. While I think they would be in serious trouble if the bankruptcy went completely off the rails, they should be fine waiting out any appeals process (even it if takes a considerable amount of time).

Just adding on to the above. Lujan, insurers & Dumas/Vaughn all filed for an emergency stay. Basically, if the stay is not issued by April 12, it looks like an automatic stay will expire. In any case, it seems like all parties are aligned that April 11th will be the last date to issue a stay, or the plan goes effective, and appeals could become an issue as they are equitably moot. 35a6786a-ce37-448e-aeb0-e5d7a2b29666_152.pdf (omniagentsolutions.com) 931640e6-44d5-4b85-b697-11a865328923_154.pdf (omniagentsolutions.com)

I would put in a recommendation for TroopTrack. We recently looked at switching and decided against Scoutbook as only registered members can be in our Troop. We typically add in potential new scouts (AOL 1 year before cross over) and keep a large alumni group updated on an ongoing basis. Since Scoutbook doesn't enable these features, we stayed with TroopTrack. TroopTrack works well for us; however, the performance isn't quite up to where it was in the past (which is why we started looking at Scoutbook).

There was no expert who testified to any value above Bates. Note that the insurers have no motivation to claim a higher value. That leaves a few claimants who could likely not afford the experts and analysis to prove Bates wrong. I believe in addition to YPT the TCC also got the agreement for the alternative path. That path technically allows full payment of any claim removing the limits of the matrix. I think it is too early to know if it is fully funded. However, I'd recommend getting in early as possible.

This topic hit the end as the next phase has been reached.

I think the big question is if a court issues a stay during the appeal to this decision (assuming there is one). Without a stay, it is hard to imagine an appeal not being moot.

Any guess as to when District will come back? It seems like we should be prepared for months, but not sure what the typical response time would be.

This was passed and signed March 2022. This is where I struggle. The Lenape elected officials are asking groups to stop. Now, this document doesn't specifically call out OA, but I have a guess what they would say. Res-2022-08 (1).pdf

So if Brad KillsCrow told BSA to stop using NA references in OA, we should stop? What has his input been?

If National BSA would like to partner with Native Americans, they cannot go to 500+ different tribes. They would need engagement & agreement from the largest Nations. If they are on board and see benefit, then I think something can be done on the national level. If this group isn't interested, then BSA is probably better off just breaking the relationship. The easier and more likely path is for BSA to simply stop all NA imagery. Before doing that, I think reaching out to 10 leaders who represent nearly half of all Native Americans could provide an alternate solution.

Cherokee 729,533 Navajo 298,197 Latin American Indian 180,940 Choctaw 158,774 Sioux 153,360 Chippewa 149,669 Apache 96,833 Blackfeet 85,750 Iroquois 80,822 Pueblo 74,085