
ThenNow
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Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Data source(s)? Is that an overall settlement number for suits vs BSA, LC and CO? Single entity...? Love to have you unwrap that tidy parcel you put under the tree. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
I saw that and come to a similar conclusion. Assessing my own LC, there are 6 live claims (including mine) that could easily settle out over their current offer, not including fees. If they all go to trial, well past the number. As a non-litigator who is devoid of other than a basic recollection of the laws of evidence, making a multimillion dollar offer to “resolve” child sexual abuse claims via someone else’s bankruptcy proceeding doesn’t look great, even if inadmissible. From a public perception perspective alone, since all of the numbers are public, it could serve as leverage. I’m sure SiouxCity can enlighten on the law. As to simple optics, pretty no bueno. Wonder if that/this scenario has been contemplated and factored into decisions to this point. Thus concludes my ignorant ramble on this topic. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Same. Yup. Yup. Yup. Btw, did you mean limbo, purgatory or the hybrid place of waiting and torture? Limbatory, I like to call it. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
In some ways, I’m not sure the tally we will see tomorrow will mean whatever it appears to mean. I put the odds at zero that it will be overwhelming in either direction. The numbers are just not there. There are two motivated factions, each with a devoted constituency they likely “turned out,” as they say. Given the assumption of a failed dispositive result, this is what I think. We are in for something that could end up looking like a MAD warfare scenario. There will be an all out assault on claimant votes both accept and reject. Both sides will try to invalidate the other’s respective tally by all means available and at any cost. TCC, Kosnoff, AIG, Patterson (Zalkin/Pfau), et al., with be seeking to upend “accept” votes. Coalition and its allies will try to undermine the “rejects” (used advisedly). The Kosnoff/TCC letter, e-ballot, time-barred and $3500 off-ramp claims, attorney e-signatures, aggregator methods, Coalition efforts to dog clients into changing votes and 30’000+/- claims lacking basic identifiers - LC, CO, abuser, year(s), etc. - will all be “painted” targets awaiting guided missile lock. I think it’s about to get ugly, not to mention the Purdue Kraken stirring beneath the dark waters. Well, what do I know, other than this is a terrible mess. Ack. Oh, yeah. Happy New Year. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
So, the “YP & 18-20 Year Olds” topic runs through multiple posts on Iron City rot gut, the need for ASMs to choose better mentors for the selection of camp alcohol, the disdain for IPA and Crap, er, Craft beers, nationwide alcohol distribution, the ease of quitting drinking, and all manner regarding women who like or don’t like camping, and I get dinged (again) for an inside joke. Got it. Back to bankruptcy, voting and confirmation. I won’t say what I wanted to say... PS (and this is not what I refer to in the last sentence) - Some of us happened to be abused by our SM after booze (including domestic beer and rot gut) were used to groom us. Some of us were abused at Summer Camp in such circumstances. Some of us took 35 years to “quit drinking.” I won’t go on at this point. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Gotcha. Your post seemed to say the opposite, but I move fast and use the Evelyn Woodhead Sped Riddin’ method. (Nod to Messrs. Marin & Chong.) Counter argument being 55,000+/- guys get very little, if anything, in state court per the currently configured SoLs. Take out the third party contributions and what is their average award in a BSA only plan? Dunno, but minimal. Not advocating for or agin, but I understand both perspectives. Personally, I almost certainly do better on the toggle toboggan with a handful of open claims against my LC and likely fewer implicating the CO. Huge headache and nausea inducing, at best. I have Limitrex and a cast iron stomach. Many others do not. Gauging by my olfactory intake, any and all options smell relatively putrid at this point. Something about Limburger cheese and body oder emanating from the whole “steaming pile of cowpucky.” (Nods to TK’s recent Tweetage and Tall Tales & Legends, respectively.) -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Those three words are the most succinct summary of what ails us that I have seen over the last 1 year, 10 months and 11 days. Bam! -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
“Chaotic.” I’ve not used that word to describe the Carnival, but it works. (Before I get in trouble with Mr. Schiff, this is an excerpt.) https://www.reuters.com/legal/transactional/purdue-nra-boy-scouts-bankruptcies-that-defined-2021-2021-12-27/ “Despite making progress toward a deal to settle decades worth of sex abuse claims from former scouts, BSA’s bankruptcy proceedings were chaotic in 2021. Insurers questioned the validity of certain abuse claims. Attorneys for separate factions of survivors clashed. Allegations of problems with the system for survivors to vote on the deal persisted. An attorney's letter opposing BSA's proposed settlement was sent to thousands of survivors who weren’t supposed to receive it, causing more confusion among some who were already unsure about the deal. And throughout it all, many survivors have maintained that the proposed payouts are insultingly low. The organization is now waiting to see whether survivors will vote to accept the plan. Meanwhile, BSA's lawyers have warned that the longer this case lasts, the more money will be drained from the organization itself.” -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
I’m not looking for the conclusion or opinion in these pieces as much as information and analysis. Yes, the law firm has financial motive, but they also muck around in this world every day and need to know all sides of the argument. At any given moment, one member of the firm may be arguing one side and another the other. I sprinkle salt on everything. (I woulda coulda never gotten hired by IBM. Some of the old guys know what I mean.) I read. I listen. I try to really hear what everyone is saying to understand the rationale, politics, law, best interest of all and feasibility of application in the real, broken world. I don’t think it’s simple nor do I think it’s black and white. I’m not sure I understand what you’re saying. The NRPA proposes to ditch the non-debtor releases, preserve litigation rights and give them and “victims” their day in court. No? -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
No. DiCello, Levitt, Gutzler. No child sexual abuse experience stated on the site. Mass tort and PI. One case for the signatory of the master ballot was the “Propecia causes permanent sexual dysfunction” matter. Wait. Ah, er, um. Hold on a sec. I need to go throw out a bottle of something currently residing under my sink. Brb... -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
I would like to have heard or now see the attorney’s argument given to the clients. My reason is not to question the viability of anyone voting to approve. That is their choice. I want to see if it is so convincing and unequivocal as to compel every single one of their clients. Not a single dissenter. Or, perhaps, was there very little communication and the attorneys merely said, “Trust us. We got your back”? -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Kept the phone out of the drink. Also interesting. https://www.theday.com/article/20211225/OP01/211229706 -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Yes, and amen. Btw, you have five paragraphs of thoughts. There are five letters in “a mess.” I don’t believe in coincidence. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Who knows. Throwing darts. I don’t know if you guys have read this. Just found it https://www.gibsondunn.com/congressional-committees-propose-changes-to-bankruptcy-code-prohibiting-non-consensual-releases-of-third-parties-and-limiting-other-important-bankruptcy-tools/ -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Anyone know who appointed these judges, as in of what political affiliation? It shouldn’t matter, but it often does. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
I would strike “going to be.” Just sayin. If not so terribly sad it would be hilarious. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
If I were those firms, I would’ve held them as long as possible. Extra time and new deals were the play to garner more yes votes. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
As I heard her, it was pretty clear by implication and tone of voice, she read the opinion doesn’t feel that way at present. Her responses were clipped and emphatic, effectively stating that Circuit Court is not this Circuit Court. JLSS has a lot on her plate, a ton to read, cats, raccoons and honey badgers to wrangle and an awful lot to think about between here and there (wherever that ends up being). -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Yeah. I understand. Mine is on my desk not the wall at this point. Was in my office for many years. I pulled it out in the spring of 2020 to scan and further validate my Scouting credentials for the PoC. It’s oddly grounding, in the midst of the whirlwind. It reminds or, better, assures me what happened really happened. The good, the bad and the ugly. (Nod to Sir Eastwood.) -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
This is only tangentially germane and doesn’t contain any legalese, so it may belong elsewhere. My Eagle certificate just turned 46. He still looks MAH-VELOUS, thank you very much! (Nod to Billy C.) A framed piece of paper containing a few words and icons. I know what it means. Simple, though complicated by the mine field I navigated to capture that particular flag. It represents parts of me that went into “creating” it, taken not given. Other Eagles didn’t have those requirements, thank God. A dark price that is not footnoted other than in my heart and mind. That paper is a deeply personal memento. I’m conflicted when I look at it. There is a significance other people can’t understand. Looking at it has always been bittersweet. Amid the blood and sweat, it surely has tear stains which are not visible to the naked eye nor considered by the casual observer. Contrast that with the reams of documents, some stacked and some in binders, that comprise human efforts to explain this case. Note especially the 140+/- pages that are my Proof of Claim, with amendments and exhibits. All told, innumerable words on God knows how many pages representing warring factions’ efforts to get and/or protect money, while abused Scouts languish. On most days, I don’t know what the bulk of those words mean and can’t find my compass. There is no observation tower in sight from which I could get a bearing. If sentient, what would my Eagle certificate make of all this? -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Favorite moment, as I am want to identify: Tanc objects to Kosnoff calling him “entertaining.” Can’t make this stuff up. Gets pretty interesting around 4:20PM+ (clock time), once Hogan takes his turn. Might be later. I didn’t pay too close attention. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
One word. “YIKES!” Okay. Two words. “POW!!” (Nod to the Batman.) -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Think what you will about TK, but remote video depositions are hereby awful. Screen freezes, echoes and feedback create a terrible circumstance under which to be deposed. Ack. Going back to watching… Add to the awful and unfair, frankly, unmuted (apparently technologically inept) attorneys who keep interrupting with hot mic blather. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
My intention was to wish all a sincere Merry Christmas and relay a recent article, without opinion as to its content. Just something I found in my reading. Sorry to have caused tension and churned up the grounds in the bottom of your campfire coffee. -
Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation
ThenNow replied to Eagle1993's topic in Issues & Politics
Merry Christmas. Don’t say I didn’t give you anything. It’s a small gift, but shows I’m thinking about you. I’m told that’s what really matters. Besides, Americans spent approximately $6.1B on Christmas trees and $15.2B on unwanted gifts. This was free, didn’t require killing any trees and, best of all, I didn’t have to wrap it! An interesting piece. https://www.bloomberg.com/opinion/articles/2021-12-23/the-purdue-bankruptcy-didn-t-work