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Everything posted by ThenNow

  1. I would like the 411 on how and why that went down. Where’s Paul Harvey when you need him?
  2. Define or quantify "seldom," please? I do think BSA is conspicuous by its absence on this list. We know they to some degree (I don't know what) requested "No Publicity" on cases. The most damning is the historical fact made popular by our much missed colleague, CynicalScouter. Keeping the existence of the IV Files from Dr. Menniger while he was supposed to be doing an organization-wide risk audit of the organization is very telling and problematic. That was in the 1980's if I recall correctly the date of his testimony. Agreed. This, we cannot afford or abide. We have to
  3. I've not chimed in on this point for some time and have developed a new response. Let me try it out. Please don't freak out. I'm trying to illustrate what is being said and what I've said in the past in a different way. Many moons ago I used the phrase, "soul murder." Keep that in mind as you read on. Let's say you have a national organization with an acute dilemma. It has a "low" overall percentage incidence of a particular pediatric disease, but it is still widespread, i.e., many locations. This disease creates lifelong physiological and psychological impairments to the children afflict
  4. This has to be wrong. It’s Thursday. Please tell someone not to further tilt the axis of my universe. I’m far enough out of balance as it is!
  5. I think I said something to this effect long ago at my point of entry into this Scouter.com universe. The whole thing feels like kids doing heart surgery with garden tools in a tree house at the rate of $1000 per hour per kid. All the neighborhood kids are lined up around the block to climb the rope ladder and get in on the action. (This assessment is not my logical brain speaking, rather the lizard part. I understand the complexity, it just feels utterly ridiculous and immoral.)
  6. The problem of "future claimants"' plagues the resolution of mass tort bankruptcies.2 Mass tort injuries, such as those caused by asbestos exposure, can entail long and variable lag times between the exposure to a harmful product and the resultant harm? As a result, some claimants may be unaware of their injury at the time of a company's bankruptcy reorganization.' Moreover, the total number and magnitude of future claims is subject to great uncertainty Any resolution of mass tort claims in bankruptcy (or via the legislative creation of a mass tort trust fund)6 must ensure a "fair distribution
  7. First one to read and give a full report receives that old OA pocket patch I've been raving about. Enjoy all four hundred and twenty-four pages of it. DEBTORS’ (I) MEMORANDUM OF LAW IN SUPPORT OF CONFIRMATION OF THIRD MODIFIED FIFTH AMENDED CHAPTER 11 PLAN OF REORGANIZATION FOR BOY SCOUTS OF AMERICA AND DELAWARE BSA, LLC AND (II) OMNIBUS REPLY TO PLAN CONFIRMATION OBJECTIONS 84842171_BSA-ConfirmationBrief-D.I.9114.pdf
  8. From your post to JLSS ears. BUT, the payments must come from the people doing the billing and they can't turn around and pass it through to the Debtors' estate. Strike that. I want the Coalition to pay me, and a round for all my friends! C'mon boys (and gals)...!
  9. This is going into my presentation to the Settlement Trustee or Neutral. We can adjust the figure for inflation.
  10. At the center of this bankruptcy approach to mass tort resolution is the idea of the future claims representative (the "FCR"), a court-appointed agent named to represent then-nameless, faceless future victims of claimed tortious acts already committed by the corporate debtor. https://www.chapman.edu/law/_files/publications/CLR-3-frederick-tung.pdf
  11. Say wha? There must be a misplaced comma, no? COMBINED TWENTY-SECOND MONTHLY APPLICATION OF JAMES L. PATTON, JR. AS THE LEGAL REPRESENTATIVE FOR FUTURE CLAIMANTS AND YOUNG CONAWAY STARGATT & TAYLOR, LLP AS COUNSEL TO THE LEGAL REPRESENTATIVE FOR FUTURE CLAIMANTS FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FROM JANUARY 1, 2022 THROUGH JANUARY 31, 2022 The amount of time spent by the Applicants during the Fee Period is fully set forth in Exhibit A attached hereto. The hourly rates set forth therein are the Applicants’ normal hourly rates of compensati
  12. Pah. Indeed. I was poor and had no choice but to glance and quickly skitter from that table of bling.
  13. From your post to God's, er, JLSS's ears. I think allowing such a thing to be done in this case is horrifically offensive.
  14. Bring on the next $130k+. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/1d0f8ba2-2a17-4ee9-871d-9dd1dd4ce502_9064.pdf Whoops! The tried to slide #18 on by me. 78 grand, give or take. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/969cd108-c6da-4241-9ed3-0f26b65894c9_9063.pdf I know there are some sophisticated consultants among us. Care to translate this? Oh, wait! I think that first sentence was lifted from my job description when I was raising teenagers. I knew it looked strangely familiar. About Ankura Ankura Consulting Group, LLC is an in
  15. I don't get it, either. The argument is the bankruptcy code allows for payment/reimbursement based on a "substantial contribution" to the deal leading to the plan or some such. The US Trustee's comment back when they tried this the first time was pretty much, "Um, this case isn't close to over. How can we know if someone made a substantial contribution until a plan is approved?" As my gramps would say if you burped, "Bring it up later and we'll vote on it." This is nothing more than parties being unofficially officially appointed as a fiduciary so they can get paid from the estate. Fiduciary t
  16. If the REI bag proves less than optimal, I'll check this one out. Thank you!
  17. Another beauty from the Certain Insurers' objection. Quoting: $24.5 Million Potentially Diverted from Abuse Claimants Solely for the Benefit of Plaintiffs’ Lawyers Who Represent Them 90. In connection with the RSA, the Coalition and the Debtors requested that the Court approve payments of $950,000 per month throughout the case and additional fees up to $10.5 million for professionals that Coalition plaintiffs’ lawyers hired on behalf of the Coalition without any showing of a “substantial contribution.” The Court denied that request, finding that it would harm the Abuse Claimants:
  18. Question for the wise. In reading the objection located on the docket via the link below, I found several interesting assertions. I haven't searched the TDP/IR processes to confirm all of them. I claim Monday malaise. In the meantime, anyone know the source of this assertion by the "Certain Insurers"? How does one come by that "private confidential information" to build one's case? There are several things I seek and I'd be happy to tell BSA "what I want, what I really really want." (Name that tune but don't deviate too far into a pop culture fest.) Sharing is care and I hope this is true.
  19. My understanding is a fee request that lands on the docket is an official, "Please ma'am, I want some more" seeking porridge from the slop bucket. Quoting: Perhaps the most significant fact about a Creditors’ Committee is that it may, with Bankruptcy Court approval, retain professionals including attorneys and accountants to represent the interest of unsecured creditors, and these professionals may be paid by the Debtor’s bankruptcy estate. 11 U.S.C. §1103(a) and §330(a)(1). Attorneys can assist a Creditors Committee with obtaining information necessary to make decisions and recommenda
  20. The Scouters on this forum? Jk. I'm not sure of the membership, but this explains some of the elements. Effectively, the Debtors owe them cash and are holding no gold watches, artwork, real property or other things of value against which they can move to satisfy the indebtedness. I reserve the right to be wrong, per usual. https://www.mgwl.com/blog/what-you-should-know-about-ch-11-unsecured-creditors-committees/
  21. Notice and agenda for Wed's hearing at 10ET. The $how must go on. (See above post.) https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/deb3c636-6cf0-4dd4-a3e5-ca89945008b4_9040.pdf
  22. Okay. I know who these folks are and what they do, but does anyone know how they integrate with all the other professionals working this cash cow? 23rd Monthly Fee Application. WooHoo! $115,197 with a 20% holdback. This month's payday is $92,157.60. (By the way, that's the moolah kind and not the peanut and caramel log variety from our childhood.) https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/566b1605-4d4e-42d4-a5ce-7f6e1584c93c_9039.pdf https://www.alixpartners.com
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