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Everything posted by CynicalScouter
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Chapter 11 Announced - Part 4 Revised Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
The trustee's decisions are binding as part of the bankruptcy proceeding. Think of it this way: the judge does NOT have the time to go through 80,000+ claims. She just doesn't. Instead the settlement trustee appointed by the bankruptcy court judge will do all the heavy lifting for the next several years to get through all 80.000+. The trustee will hire people to help sort this through. If the trustee determines, for example, that Claim X is worth (based on the abuse matrix) $1 million, then the trustee's decision is BINDING as he or she is operating at the direction of the court. Think of this as mandatory, no joke, no screwing around, arbitration. That $1 million (minus whatever BSA and the LC have paid) is then going to be forced out of the insurance company exactly as if it was an order of the bankruptcy judge herself. See pages 118-130 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/75cad6f2-cc34-4b0c-896f-0d26815b1189_5368.pdf See in particular ARTICLE X RIGHTS OF SETTLEMENT TRUST AGAINST NON-SETTLING INSURANCE COMPANIES and especially this sentence -
Chapter 11 Announced - Part 4 Revised Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
I believe the answer is: yes. BSA is transferring its insurance coverage to the Settlement Trust. That means yes, you have to depend on the trustee to go after the insurance companies (except Hartford which already cut its deal the "Insurance Settlement Agreement" or "Hartford Insurance Settlement Agreement"). This is why, as the TCC has said over and over, EVERY victim needs to be hiring a lawyer because this is going to get even more complicated. That lawyer will then be arguing in front of the trustee why the insurance company owes that particular victim XXX or YYY. See page 51. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/75cad6f2-cc34-4b0c-896f-0d26815b1189_5368.pdf C.Transfer of Claims to the Settlement Trust. 1. On the Effective Date or as otherwise provided herein, and without further action of any Person, the Settlement Trust shall assume the liabilities, obligations, and responsibilities of the Protected Parties for all Abuse Claims, financial or otherwise. These assumptions by the Settlement Trust shall not affect (a) the application of the Discharge Injunction or the Channeling Injunction or (b) any Non-Settling Insurance Company’s obligation under any Insurance Policy that is not the subject of an Insurance Settlement Agreement. -
Chapter 11 Announced - Part 4 Revised Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
I believe that because this is a bankruptcy, you cannot opt out of the settlement and then go sue BSA: this is intended to settle ALL and I mean ALL claims prior to February 2020 against BSA. As for the LCs, if the LC doesn't "buy into" the settlement, then they are not covered and therefore you can sue them. Since the insurance companies (other than Hartford) are also not covered, they are on the hook down the road as well. As noted, most states will not allow direct suits on insurance companies, Instead, a victim will sue BSA and the LC, the BSA and the LC will then file with the court a copy of the bankruptcy settlement and direct that it be lawsuit dismissed, and that all claims will be channeled into the Settlement. The exact mechanics of that will be TBD. -
Chapter 11 Announced - Part 4 Revised Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Saw this in another forum and confirmed with someone I know who is on the Council Board. All LCs have now been given by the Ad Hoc Committee a "bill" for how much each LC will have to chip in as part of the $500 million LC contribution. LCs have until July 9 to vote to approve/disapprove the amount. -
I am not new to Scouting but......
CynicalScouter replied to ShutterbugMom's topic in New to Scouting?
Not that I know of. That said, every unit I know bans them except during travel time. We also let the parents and others know ahead of time, from the start actually when they come into the troop, that is our policy. -
Chapter 11 Announced - Part 4 Revised Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
This is key: For those trying to use the 84,000 as the metric for the amount of abuse in BSA, this is once again a reminder that number should NOT be used and was/is an undercount. As the article noted, statutes of limitations may be an issue, but I do believe a report about BSA's activities in Michigan and covering up child sexual abuse, similar to the PA grand jury report on child sexual abuse in the Catholic dioceses in that state, will be helpful to everyone. It will lay out for BSA exactly what it has to do to regain trust of anyone. It will hopefully prompt legislators to examine reporting laws, etc. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Worked fine for me. Here it is 2f5112e6-d8c5-4fe3-b63b-dab01932cba9_5180.pdf -
See also Guide to Catholic Scouting https://www.nccs-bsa.org/index.php/guide-to-catholic-scouting Pastoral Rights to Choose Membership, Leaders, and Program Elements Chartered organizations continue to have the right and responsibility to choose their own unit leaders according to their own values and Scouting values. The BSA reaffirmed that no Scouting unit may deny a youth membership in the BSA on the basis of sexual orientation or preference. But each chartered organization may adhere to its beliefs and teachings in the selection of its own unit leadership and volunteers and may use Scouting as part of its youth ministry.In the Charter Agreement, signed annually by the Institution Head (e.g., Pastor), a Catholic organization obligates to use the program(s) of the BSA to further its mission respecting the youth it supports. The Charter also reserves the right of the Institution Head, by signature authority, to have full control over youth and adult membership requirements and unit program activity (e.g., meeting content and participation in external events). The Institution Head (e.g., Pastor)should only approve a program his institution can support.
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Units chartered by a Catholic entity may not have adult leaders who are engaged in activities directly contradictory to Church teaching. By becoming a troop/pack leader, you are becoming a parish leader. This means, for example, having to also take the Church's child protection training IN ADDITION TO YPT by BSA. It also means that, for example and not saying this is what is going on with OP, the person may not be openly and flagrantly violating Church teachings. Even though BSA may allow openly homosexual leaders, for example, Catholic units will not. https://www.nccs-bsa.org/index.php/membership-standards 10. Do the BSA's adult leadership standards mean religious chartered organizations will not be able to adhere to their beliefs? Will a church with ties to the BSA lose the ability to teach biblical principles of sexual morality to its Scouts and to require them to adhere to those principles? Will the Scouting program of a religious chartered organization teach sexual values and beliefs completely inconsistent with the religious organization? Will churches or other religious organizations be censored from teaching Bible-based standards for sexual morality to youth in a Scouting unit? No. The BSA resolution affirms the right of each chartered organization to reach its own religious and moral conclusions about sexual relations between adults. Chartered organizations continue to have the right and responsibility to choose their own unit leaders according to their own values and Scouting values. The BSA reaffirmed that no Scouting unit may deny a youth membership in the BSA on the basis of sexual orientation or preference. But each chartered organization may adhere to its beliefs and teachings in the selection of its own unit leadership and volunteers and may use Scouting as part of its youth ministry.
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My pack was chartered out of our local parish and I am Catholic. We had people of other faiths in the unit. In short, as you said, enforcement is entirely in the hands of the parish priest (as Institutional Head, Chartered Organization Rep, or both). The BSA leaves it entirely in the hands of the IH or COR to determine who will be an adult leader in their units. If they opt not to allow you, there is nothing really much you can do. Why, exactly, were you removed and by who/whom?
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Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
I really, really, don't see how they get to $250 million without at least one if not two HA bases sold. But we'll see. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Save the HAs at all cost, literally ALL costs? I guess that makes sense if they think with the new HA family camping and resort options the HAs will be year round money makers (BSA now in the resort business). But wow, that is a gamble. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
https://www.wsj.com/articles/boy-scouts-near-bankruptcy-deal-with-largest-victim-group-11623949286 -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
On the contrary: BSA has said it is going to have no cash flow as of August. There is a huge financial incentive for BSA to make a deal now/soon. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
There was supposed to be a hearing last week but the judge, on the request of BSA and the mediators, dropped it. There are lots of moving pieces behind the scenes that, with luck, will result in a plan shortly. But yes, the complaint against the judge has been she has let this go on way too long and should have been more aggressive, but she was also being told that mediation was on-going and such. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Next scheduled hearing dates filed https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/1a937a93-6226-4d6f-b425-3b83355a2462_5309.pdf July 21, 2021 10:00 a.m. (ET) August 25, 2021 10:00 a.m. (ET) September 23, 2021 10:00 a.m. (ET) -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Really? Not the abusers? And the BSA that, we now have documented proof, failed to protect these scouts and instead covered up? As for trashing lawyers (again), let me remind you and everyone: BSA has lawyers. The LCs have lawyers. The insurance companies have lawyers. Are you OK with the child sexual abuse victims NOT having access to legal counsel while everyone else does? As for "activists", I have no idea what you are even talking about. And what "bureaucrats" are you talking about? Again, no idea what you are saying. You want to lay blame? How about on the abusers? And on the institution which was supposed to keep scouts safe? How about on the state legislatures that unanimously (or within 1-2 votes of unanimous) opened up the lookback windows for sexual abuse claims. But trashing the lawyers, hired by the child sexual abuse victims or appointed on their behalf (TCC), to take their case(s) and fight for their interests? Nope. That I wholeheartedly disagree with. -
NAM (National Annual Meeting) 2021
CynicalScouter replied to CynicalScouter's topic in Issues & Politics
Yes, sorry got my Gates confused. -
Membership fees (both scout and scouter) are expected to bring in revenues of $74-81 million for the next 5 years, with annual increases each year equal to inflation. Page 306 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/213bd53f-b44f-45c9-97fc-246bcb7ca06b_4108.pdf If you can come up with $74 million, BSA is all ears.
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Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Update: June 17 hearing (Lehr settlement and some other things) cancelled https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/8bfe9c5e-834b-4966-87fd-a30331178792_5330.pdf -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
It is, and several dioceses have intervened. BUT part of this is figuring out that the Dioceses are not about to come in like the Methodists and LDS did as a unified front (Methodists) or a single entity (LDS). Each diocese will decide for itself if it is worth it to come in now or to wait and see what happens. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
This, times literally several billion. COs that were told, or felt, they were just signing something annually for giggles are in for a very rude awakening. But there are levels to this: 1) LDS. They operated BSA units directly and operationally as subunits of their church. Responsibility goes all the way to the top, which is why lawsuits against scout abuse in LDS units include "Corporation Of The President Of The Church Of Jesus Christ Of Latter-Day Saints" as well as "Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints" in their suits. 2) Smaller collectives. The Methodist Churches are appearing together as an ad hoc group. Several dioceses are appearing on behalf of themselves/their parishes, but not the VFW or other national groups. 3) Individual units. So, to take a random example, my local district has units chartered by a Methodist church (90+ years), a Lutheran church (10-15?), and a Catholic church (10-15?). The Methodist church to my knowledge has no abuse allegations against, neither do the others. But if they did, would they even know what is happening to them? The Methodist unit would be covered by the ad hoc group maybe but that's a guess. That's where, when they talk about CO contributions, it is going to be forever to parse out individual Rotary clubs, VFW halls, etc. That's why I thought it notable last week/week before when the mediators report indicated "a chartered organization" was part of the mediation. Reading between the lines I guessed that had to mean the LDS Church. -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Because I linked to it from a news source (Buffalo News) and cut and paste verbatim the quotes from the council leaders (subhead: What local councils say)? https://buffalonews.com/news/local/crime-and-courts/boy-scout-bankruptcy-may-cost-wny-councils-but-no-one-knows-how-much/article_423b0c22-c95c-11eb-9f7a-6baef6e7c10a.html -
Chapter 11 announced - Part 3 - BSA's Toggle Plan
CynicalScouter replied to Eagle1993's topic in Issues & Politics
Article is dated June 12, but who knows when the reporter spoke to them. -
Major Change in Chartered Organization Relationship
CynicalScouter replied to gpurlee's topic in Issues & Politics
@gpurleefound it. page fifty-two of document 4108 in the court filings