CynicalScouter

TCC is asking court to delay the September 21 hearing at least two weeks so it can go through Plan 5.0. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a3bc0ca7-fbc6-4dd7-9f98-f276356d61d2_6222.pdf

The statutes of limitations is a major player here: per claims Michigan Crossroads is paying a LOT less ($4,598.50) than councils in other states where the statute of limitations has been lifted. Michigan Crossroads has around 1700 claims against it, BUT only 67 are not time-barred. That makes all the difference in the world here. It isn't just "ton of claims" it is "ton of TIME-BARRED claims".

Total Council Contribution / Unique UNSHARED Claims *Unshared here is defined as a claim that is ONLY against one council. Thus a Claim against Greater New York Council is counted, but one against Greater New York Council AND Greater Hudson Valley is not. This does skew the data but not much. $12,930.69 Average $10,399.06 Median $138.46 Minimum (Rocky Mountain $11,492 / 83 claims) $200,619.25 Maximum (Greenwich $802,477 total contribution / 4 claims ) Local Council Number Local Council Name Contribution / ALL Claims 1 GREATER ALABAMA $8,281.64 3 ALABAMA-FLORIDA $1,758.63 4 MOBILE AREA $264.37 5 TUKABATCHEE AREA $6,716.94 6 BLACK WARRIOR $10,520.19 10 GRAND CANYON $12,882.30 11 CATALINA $4,956.35 13 DE SOTO AREA $4,363.43 16 WESTARK AREA $8,193.98 18 QUAPAW AREA $11,775.63 23 GOLDEN GATE AREA $10,540.18 27 SEQUOIA $2,182.83 30 SOUTHERN SIERRA $954.54 31 PACIFIC SKYLINE $26,651.88 32 LONG BEACH AREA $25,832.88 33 GREATER LOS ANGELES $6,024.10 35 MARIN $29,438.40 39 ORANGE COUNTY $32,359.45 41 REDWOOD EMPIRE $2,988.20 42 PIEDMONT 042 $77,299.71 45 CALIFORNIA INLAND EMPIRE $2,272.77 47 GOLDEN EMPIRE $2,826.55 49 SAN DIEGO - IMPERIAL COUNCIL $6,008.58 51 WESTERN LOS ANGELES COUNTY $4,578.75 53 LOS PADRES $20,155.55 55 SILICON VALLEY MONTEREY BAY $31,152.65 57 VENTURA COUNTY $3,350.70 58 VERDUGO HILLS $12,979.12 59 GREATER YOSEMITE $10,232.56 60 PIKES PEAK $17,019.22 61 DENVER AREA $16,216.22 62 LONGS PEAK COUNCIL $23,683.93 63 ROCKY MOUNTAIN $138.46 66 CONNECTICUT RIVERS $13,299.85 67 GREENWICH $200,619.25 69 HOUSATONIC $23,590.10 70 OLD NORTH STATE $26,935.59 72 CONNECTICUT YANKEE $10,368.82 81 DEL-MAR-VA $16,009.19 82 NATIONAL CAPITAL AREA $12,698.41 83 CENTRAL FLORIDA $3,814.19 84 SOUTH FLORIDA COUNCIL $5,720.04 85 GULF STREAM $6,610.17 87 NORTH FLORIDA $17,214.01 88 SOUTHWEST FLORIDA $16,975.70 89 GREATER TAMPA BAY AREA $12,427.35 91 CHATTAHOOCHEE $7,444.42 92 ATLANTA AREA $17,021.28 93 GEORGIA-CAROLINA $3,663.71 95 FLINT RIVER $10,641.31 96 CENTRAL GEORGIA $3,185.72 98 SOUTH GEORGIA $4,847.19 99 COASTAL GEORGIA $20,190.59 100 NORTHWEST GEORGIA $18,227.70 101 NORTHEAST GEORGIA $17,972.82 104 ALOHA $6,828.36 106 MOUNTAIN WEST $14,126.97 107 GRAND TETON $12,990.56 117 PRAIRIELANDS $5,630.49 127 THREE FIRES $10,744.97 129 NORTHEAST ILLINOIS $20,283.09 133 ILLOWA $6,218.94 138 W.D. BOYCE $6,921.29 141 MISSISSIPPI VALLEY $24,729.78 144 ABRAHAM LINCOLN $29,586.11 145 HOOSIER TRAILS $9,594.06 156 BUFFALO TRACE $4,896.82 157 ANTHONY WAYNE AREA $12,716.54 160 CROSSROADS OF AMERICA $9,777.99 162 SAGAMORE $9,821.50 165 LASALLE $10,149.75 172 HAWKEYE AREA $7,571.03 173 WINNEBAGO $11,855.03 177 MID-IOWA $15,740.07 178 NORTHEAST IOWA COUNCIL $24,227.64 192 CORONADO AREA $12,789.34 194 SANTA FE TRAIL $10,704.32 197 JAYHAWK AREA $8,428.61 198 QUIVIRA $3,545.45 204 BLUE GRASS $533.12 205 LINCOLN HERITAGE $8,467.51 209 CALCASIEU $5,203.71 211 ISTROUMA AREA $4,303.80 212 EVANGELINE AREA $1,951.51 213 LOUISIANA PURCHASE $9,569.30 214 SOUTHEAST LOUISIANA $5,074.68 215 NORWELA $28,238.53 216 KATAHDIN AREA $5,002.85 218 PINE TREE $4,708.46 220 BALTIMORE AREA $8,847.47 221 MASON-DIXON $9,105.00 224 CAPE COD & ISLANDS $21,641.54 227 SPIRIT OF ADVENTURE $5,417.16 230 HEART OF NEW ENGLAND $7,685.81 234 WESTERN MASSACHUSETTS $3,324.70 250 NORTHERN STAR $20,520.04 251 MAYFLOWER $21,157.73 283 TWIN VALLEY $16,332.56 286 VOYAGEURS AREA $11,595.48 296 CENTRAL MINNESOTA $8,933.58 299 GAMEHAVEN $5,360.50 302 CHOCTAW AREA $12,662.54 303 ANDREW JACKSON $7,304.35 304 PINE BURR AREA $1,823.58 306 OZARK TRAILS $12,386.35 307 HEART OF AMERICA $10,483.18 311 PONY EXPRESS $16,370.97 312 GREATER ST. LOUIS AREA $8,671.92 315 MONTANA $22,249.48 322 OVERLAND TRAILS $9,019.00 324 CORNHUSKER $6,245.61 326 MID-AMERICA $15,737.90 328 LAS VEGAS AREA $17,274.16 329 NEVADA AREA $20,544.55 330 DANIEL WEBSTER $18,556.64 333 NORTHERN NEW JERSEY $5,837.27 341 JERSEY SHORE $3,542.58 347 MONMOUTH $29,090.01 358 PATRIOTS' PATH $16,175.72 364 TWIN RIVERS $11,432.60 368 BADEN POWELL $13,190.26 373 LONGHOUSE $4,333.54 375 FIVE RIVERS $10,804.78 376 IROQUOIS TRAIL $8,155.86 380 GREATER NIAGARA FRONTIER $6,149.94 382 ALLEGHENY HIGHLANDS $13,225.85 386 THEODORE ROOSEVELT $20,564.36 388 GREATER HUDSON VALLEY $18,404.15 397 SENECA WATERWAYS $34,042.55 400 LEATHERSTOCKING $48,841.92 404 SUFFOLK COUNTY $8,764.29 405 RIP VAN WINKLE $9,231.38 412 GREAT SOUTHWEST $439.89 413 CONQUISTADOR $30,006.65 414 DANIEL BOONE $10,761.05 415 MECKLENBURG COUNTY $30,104.98 416 CENTRAL NORTH CAROLINA $19,581.48 420 PIEDMONT 420 $19,346.24 421 OCCONEECHEE $9,095.46 424 TUSCARORA $20,444.05 425 CAPE FEAR $10,448.95 426 EAST CAROLINA $10,842.87 427 OLD HICKORY $9,111.12 429 NORTHERN LIGHTS $17,732.85 433 GREAT TRAIL $11,997.09 436 BUCKEYE $14,606.31 438 DAN BEARD $10,668.84 439 TECUMSEH $8,270.82 440 LAKE ERIE $13,252.87 441 SIMON KENTON $6,820.18 444 MIAMI VALLEY $8,203.44 449 BLACK SWAMP AREA $21,553.87 456 PATHWAY TO ADVENTURE $4,756.46 460 ERIE SHORES $23,642.92 467 MUSKINGUM VALLEY $10,923.21 468 ARBUCKLE AREA $16,367.60 469 CHEROKEE AREA $3,185.52 474 CIMARRON $4,633.64 480 LAST FRONTIER $11,184.20 488 INDIAN NATIONS $12,265.78 491 CRATER LAKE COUNCIL $2,322.25 492 CASCADE PACIFIC $17,699.12 497 JUNIATA VALLEY $16,211.69 500 MORAINE TRAILS $22,157.13 501 NORTHEASTERN PENNSYLVANIA $9,414.55 502 MINSI TRAILS $22,639.61 504 COLUMBIA-MONTOUR $32,616.38 509 BUCKTAIL $11,344.83 512 WESTMORELAND-FAYETTE $19,260.82 524 PENNSYLVANIA DUTCH $13,517.58 525 CRADLE OF LIBERTY $11,363.46 527 LAUREL HIGHLANDS $15,593.07 528 HAWK MOUNTAIN $19,952.73 532 FRENCH CREEK $6,859.54 533 SUSQUEHANNA $9,262.16 538 CHIEF CORNPLANTER $32,616.38 539 CHESTER COUNTY $31,193.60 544 NEW BIRTH OF FREEDOM $15,161.85 546 NARRAGANSETT $16,021.22 549 PALMETTO $1,952.92 550 COASTAL CAROLINA $1,339.43 551 BLUE RIDGE $6,921.35 552 PEE DEE AREA $9,993.71 553 INDIAN WATERS $3,892.02 556 CHEROKEE AREA $38,064.52 557 GREAT SMOKY MOUNTAIN $6,452.36 558 CHICKASAW $5,426.40 559 WEST TENNESSEE AREA $2,195.63 560 MIDDLE TENNESSEE $13,185.64 561 TEXAS TRAILS $8,481.81 562 GOLDEN SPREAD $16,669.80 564 CAPITOL AREA $31,082.53 567 BUFFALO TRAIL $12,090.19 571 CIRCLE TEN $13,634.51 573 YUCCA $3,759.31 574 BAY AREA $10,404.19 576 SAM HOUSTON AREA $9,646.66 577 SOUTH TEXAS $2,762.41 578 THREE RIVERS $5,573.58 583 ALAMO AREA $13,725.26 584 CADDO AREA $8,298.49 585 EAST TEXAS AREA $12,549.25 587 NORTHWEST TEXAS $7,156.57 590 CROSSROADS OF THE WEST $6,434.25 592 GREEN MOUNTAIN $7,947.84 595 COLONIAL VIRGINIA $3,306.18 596 TIDEWATER $2,678.25 598 SHENANDOAH AREA $6,738.32 599 BLUE RIDGE MOUNTAINS $6,660.63 602 HEART OF VIRGINIA $12,838.60 604 BLUE MOUNTAIN $10,046.24 606 MOUNT BAKER $14,238.41 609 CHIEF SEATTLE $21,115.90 610 GREAT ALASKA $5,909.08 611 INLAND NORTHWEST $948.06 612 PACIFIC HARBORS $9,380.95 614 GRAND COLUMBIA $2,703.20 615 MOUNTAINEER AREA $12,871.15 617 BUCKSKIN $6,657.69 619 OHIO RIVER VALLEY $16,283.31 620 GLACIER'S EDGE $5,859.22 624 GATEWAY AREA $11,312.93 627 SAMOSET COUNCIL $23,278.78 635 BAY-LAKES $16,820.06 636 THREE HARBORS $13,400.14 637 CHIPPEWA VALLEY $7,488.93 638 GREATER WYOMING $13,093.32 640 GREATER NEW YORK $5,625.00 651 POTAWATOMI AREA $17,505.44 653 GREAT RIVERS $5,753.42 660 BLACKHAWK AREA $10,393.93 661 PUERTO RICO $2,877.27 662 LONGHORN $3,775.02 664 SUWANNEE RIVER AREA $4,235.08 690 GARDEN STATE $14,793.25 691 PUSHMATAHA AREA $1,553.37 694 SOUTH PLAINS $7,704.85 695 BLACK HILLS AREA $4,587.80 696 MIDNIGHT SUN $42,639.00 697 OREGON TRAIL $19,156.56 702 RAINBOW $8,735.26 713 SEQUOYAH $10,346.73 733 SIOUX $10,921.81 741 TEXAS SOUTHWEST $4,351.69 748 YOCONA AREA $4,694.74 763 VIRGINIA HEADWATERS $7,360.67 773 GULF COAST $736.83 775 RIO GRANDE $5,854.26 777 WASHINGTON CROSSING $17,597.22 780 MICHIGAN CROSSROADS $4,598.50 802 TRANSATLANTIC $2,540.56 803 FAR EAST $13,419.91

Not my fastest trip from favorite to on-the-outs, but among the more amusing.

I think I struck a nerve. The issue is that the Kosnoff Konspiracy holds that Siverstein was "CHOSEN" (note the word the word here) by BSA. As I noted several times: cases are assigned to bankruptcy judges at RANDOM unless the Clerk of Court was part of the Kosnoff Konspiracy, too. Which means no, Silverstein was NOT in fact "chosen by BSA". Silverstein was CHOSEN by random draw.

They used to until the mid-2000s then started to hide the information. I found it because while they can hide it from the scouts and scouters, they have to turn over that info to the IRS as part of their 990s which are then open for public review and inspection on the IRS website or some places aggregate them like for example https://projects.propublica.org/nonprofits/display_990/221576300/03_2021_prefixes_21-23%2F221576300_201912_990_2021030217778557

Great. But the BSA filed statements with the IRS listing all board members and the difference between 2010 and 2020 was less than 50%. Unless of course BSA was lying to the IRS about who was/was not on the NEB.

For the most part, since Plan 5.0 has many similarities to Plan 3.0, it will be recycling cut-and-paste from their previously filings. So I agree, it is going to be sooner rather than later.

Ah, no. I ran that data awhile about. A majority of NEB members present in 2010 were present in 2020, according to IRS 990 records. That's not "very different". Unless BSA lied about who was on the NEB to the IRS. And just a reminder: it is literally IMPOSSIBLE to even determine who the NEB are based on the website. Only not for profit I know that hides leadership names.

It isn't only that of course. Delaware is home to a LOT of businesses due its business friendly tax rates and its semi-dedicated business court (Chancery).

Nope. Read what he wrote: the point is he claiming BSA "chose" her. As I noted: bankruptcy judges are not "chosen" by parties. They are randomly assigned UNLESS he wants to claim that the Clerk of the Delaware Bankruptcy Court and/or the judge herself conspired to get the case assigned to Silverstein and that they went around the random selection process. All part of the Kosnoff Konspiracy I guess.

Official statement from BSA TLDR: It is a done deal. We are out of bankruptcy in time for New Years https://www.bsarestructuring.org/event/bsa-marks-progress-with-chartered-organizations-and-announces-new-agreements-for-1-037-billion-in-contributions-to-trust/ The Boy Scouts of America (BSA) has made substantial progress in its financial restructuring as part of its ongoing efforts to reach a global resolution that will equitably compensate survivors and ensure Scouting’s future by resolving past abuse cases for both the national organization and local councils. As a result of extensive mediated negotiations, the BSA has reached agreements with The Hartford and The Church of Jesus Christ of Latter-day Saints (TCJC) that provide for The Hartford’s contribution of $787 million and TCJC contribution of $250 million to the proposed Settlement Trust to compensate survivors. This contribution is in addition to the national organization’s and local councils’ commitments to contribute up to $850 million to the Trust. The Coalition of Abused Scouts for Justice, the Future Claimants’ Representative, the Ad Hoc Committee of Local Councils, and state court counsel representing the vast majority of abuse creditors also were closely involved in negotiating and support these agreements. The BSA thanks all parties involved for their cooperation to reach this critical point in the national organization’s financial restructuring. The amended Plan also solidifies a path forward to ensure that Chartered Partners are represented in the BSA’s financial restructuring process by formalizing the options for them to participate in a settlement and addressing a number of the specific key concerns raised by certain Chartered Partners in ongoing negotiations. The partnership between the BSA and its many Chartered Partners, including religious and civic organizations, has been critical to delivering the Scouting program to millions of youth in our country for generations. There is still much to be done to obtain approval from the Court for the BSA’s amended Plan, but these settlements represent a critical step toward a global resolution. With the support of the Coalition of Abused Scouts for Justice, this Plan has the overwhelming support of survivors, and the BSA continues to work with other key groups to ensure its Plan has their support. The BSA is committed to continuing our mediation efforts with all parties and look forward to sharing additional updates as these discussions progress leading up to the disclosure statement hearing scheduled for September 21. The BSA intends to seek confirmation of the Plan and conclude its financial restructuring around the end of this year.

Yes, but it is a giant leap from "incorporate in DE because of the bankruptcy court" (which OK, I might buy) to "incorporate in DE because of THIS PARTICULAR JUDGE". I know federal court clerks, I've worked with and for them when they were but state court clerks and before they went over to the dark side, I mean federal side. The assignment of judges uses a literally bingo spinner or other random name puller. So, for Kosnoff's konspiracy to work, BSA in 2019 Looked up the list of bankruptcy judges in 2019. In Delaware, there were 6 and Silverstein was NOT the chief judge. https://web.archive.org/web/20190116175550/https://www.deb.uscourts.gov/judges-info-0 Having access to a crystal ball, they incorporated in Delaware knowing that their 1 in 6 chance to get Silverstein in a random draw in 2020 (two judges were added, so the odds went up to 1-in-8) was going to happen because the DE Bankruptcy Clerk was in on the conspiracy (konspiracy) as well. Ok then.

Thank you. Now, let's project out what pre-1975 only means for COs. Just looking at the data as is, 36552 claims "1905" (assumed a typo for 1950) - 1974 = 43% of claims 36,761 claims 1975 - 2020 = 43% of claims 10,494 claims blank year = 12% of claims Assuming that the "blank" claims are distributed in like manner, it is very, very close to 50% pre- 1975 and 50% post-1975. The "median" abuse claim (50% of all abuse claims are pre-this-date and 50% are post) probably took place sometime in or around early 1977. If the bankruptcy covers/discharges 50% of all possible claims and the remaining claims are all for events that took place 46+ years ago (and therefore astronomically hard to prove even if the statute of limitations isn't a factor) the COs are making a bet that of those 36,761 claims so few would actually turn into lawsuits that they'll take their chances in state courts.

Kosnoff's latest konspiracy: BSA incorporated in Delaware in 2019 so they could handpick SIlverstein to be the bankruptcy judge in their bankruptcy. No, I'm not kidding.

My guess are two 1) "Only so many hours in a day". BSA has one set of lawyers. Having them simultaneously negotiating with multiple sets of lawyers for multiple sets of groups all at the same time becomes impossible. 2) Prioritization: Linked to #1: If you only have so many hours in a day, what is your priority? Pick what you think is the hardest deal to cut? What is the most important deal to cut? Which is the easiest (hint; JP Morgan Chase as it turned out) Etc.

I haven't seen particular, but that blows my mind. That was something from the RSA that could be added in with CLEARLY no objections from the TCC. Wow.

Outside of a mass resignation, the NEB isn't going anywhere. And the "senior" management have convinced themselves that "Well the abuse happened prior to MY tenure, therefore we are fine".

I really, really think this is a big deal. It addresses BSA's point that as far as they are concerned they NEVER agreed to cover COs prior to 1974-1976 time frame. It also is interesting about number of claims. I know at one point there was a chart listing abuse claims by year, but I'd be curious how many were pre-1975 vs. post. I seem to recall about 50% of claims being pre and 50% post around then.

Last night was the Plan and Disclosure Statement. This morning is proposed (note: proposed) confirmation scheduling and solicitation procedures Confirmation schedule: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/08ca3188-198e-4ccc-93cf-bb50a4680f40_6216.pdf Solicitation procedures: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/ce88d5fe-54e9-4b60-a100-584d8909acec_6215.pdf 40 days to vote Voting Record Date Tuesday, September 21, 2021 Solicitation Date Monday, October 4, 2021 Rule 3018(a) Motion Deadline Tuesday, October 19, 2021 Publication Deadline Tuesday, October 26, 2021 Plan Supplement Deadline Tuesday, November 2, 2021 Voting Resolution Event Deadline the Court Tuesday, November 16, 2021 Voting Deadline Tuesday, November 16, 2021 Preliminary Voting Report Deadline Friday, November 19, 2021 Plan Objection Deadline Tuesday, November 23, 2021 Final Voting Report Deadline Tuesday, November 30, 2021 Confirmation Brief/Plan Reply Deadline Thursday, December 2, 2021 Confirmation Hearing Thursday, December 9, 2021

Total asset avoids the problem of councils declaring "restricted" assets that clearly are not. For example, San Diego Imperial claims, based on "restricted" it has net unrestricted assets of -$566,856 and yet somehow they are contributing $2,661,800

The problem is no one has asked for it. In USA Gymnastics the victims demanded the entire board resign, organizational and structural changes, etc. No one has so far filed ANYTHING about demanding changes to BSA National's internal structure. And I doubt the judge is sua sponte going to demand, for example, the NEB be reduced down to 12. The TCC's demands have all been focused on a single aspect: sexual abuse claims of the past (IV Files released) and the future (committee to review YP, independent expert brought in to review, etc.) No one has even mentioned the massively bloated Board.

Beat me to it by about 20 minutes. I was cutting and pasting from the PDF as fast as I could and I was looking at TOTAL Net assets (rather than net unrestricted).

Point well taken. And as you note, the point may move, shift, or change. But for the first time we've got SOME mark to judge all other things based on. It is the first real data point on COs we've seen.

Just wait if someone from the TCC (Kennedy is particularly articulate but not the only victim obviously) exercises their right during confirmation phase to light into the judge like that. She has thousands of abuse letters in file as it is. She cannot be so totally checked out as to think the victims statements are going to be brutal if she goes against the TCC (and even if she does there will be dissenting victims). And as you noted the US Trustee is very keen to oppose this third party discharge aspect as it was, pre-Sacklers.