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ThenNow

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Everything posted by ThenNow

  1. Representation Examples: Tort litigants' committees in the chapter 11 cases of the Catholic Diocese of Spokane (Washington) and the Diocese of Davenport (Iowa); creditors' committees in the chapter 11 cases of the Roman Catholic Bishop of San Diego, the Catholic Diocese of Fairbanks (Alaska), the Catholic Diocese of Wilmington (Delaware), the Society of Jesus, Oregon Province, the related cases of The Christian Brothers of Ireland, Inc. and The Christian Brothers Institute, the Archdiocese of Milwaukee, the Roman Catholic Church of the Diocese of Gallup (New Mexico), the Roman Catholic
  2. If the case is broken down to BSA and its affiliates, survivor claimants and attorneys/law firms, the preponderance of the "benefit," particularly financial reward, will go to Team Three on BSA Bankruptcy Survivor Island. I've discovered that cases like this one, and big law bankruptcy specifically, is a very small world. Only two firms were in Delaware to interview before the TCC for the role of counsel. Two. Cases like this are the best advertising imaginable and the promo is not merely free, but you get paid when the ads run. In a transactional case like this with forced compromise, you don
  3. 2018 Snapshot: Here are the median fees according to the type of case: Administrative $813 Bankruptcy $1,200 Collections $450 Contracts $600 Corporate $800 Criminal $750 Elder Law $788 Family Law $1,538 Immigration $950 Juvenile $538 Real Estate $535 Small Claims $478 Traffic $300 Wills & Estates $750
  4. I imagine a lot of you guys are or grew up hunting. Sexual predators are called "predators" for a reason. As prey, I now understand this extremely well, both by examining my experience and through study. Hunters hunt prey. The chose a type of prey and obsess over it. They create environments, food plots, access points, stands and blinds. They gather the right equipment to attract and bag that specific prey and use masking devices, clothing and scents to hide who they really are so as not to scare off the target. They have charts, tracking data, know the terrain, watch the population, the movem
  5. I think TCC counsel was taken completely by surprise when the claim numbers skyrocketed. It is a complex case, no doubt. Other than those who assert that "each BSA sexual predator likely abused an average of 100 victims," no one I know expected this. I believe that rough average has some "lifetime of a sexual predator" research backing it up, but extrapolating it across every application and context is scientifically and statistically disingenuous. He who shall not be named noted this 100x potential in press conferences back when, particularly at the presser launching AIS. HWSNBN clearly
  6. Depending on how policies are written - insured/additional named insured, per occurrence/claims made, and etc. - liquidation and leaving the LC's to fend off suits may or may not be a great thing for plaintiff's attorneys. Do all policies stand and delivery after the principal insured is liquidated? Granted, some LC's have big coin and property assets, so that may be plenty, but if the number of survivor plaintiffs is too high, it's likely to be a race to the trough.
  7. Ha! I have no influence whatsoever. You guys contact your representatives and use your muscle. Another, “HA!” am I correct?
  8. This is the mirror image of an Asset Protection Trust, with the same result. I contend they are, in fact, asset shielding creatures of the state to protect them from creditors masked as maintenance and funding shells. The lease-back and closely held board control, by essentially the same principals of the related lessee entity, are identical. "Arrow WV Inc., in fact, owns the Summit Bechtel Reserve and leases it to the Boy Scouts, according to bankruptcy filings. It was incorporated in Fayette County in June 2009, according to the West Virginia Secretary of State’s office. Texas equity in
  9. Ah. I understand now and I agree with you. I'm not sure about the 60%, but those I speak with may be biased, even if they don't know my situation. Many have little sympathy for anyone accused of child sexual abuse, especially to the degree the BSA has. Again, historic "per capita" numbers and the upsides of Scouting are disregarded after hearing the number of claims and reading the stories.
  10. Seems like an easy ask and a fairly simple app build and rollout. How is it monitored, by whom and with what impact? Just wondering, again, if it's a good exemplar with proven results. I can research, as well. Update: From the App Store reviews, it falls down in the implementation. Kids are frequently told they need to report in person. Also, lots of false reports to get alleged abusers/bullies in trouble. Seems to have the potential to be a nightmare for the abused, accused and administrators.
  11. This is a great point and almost assumed it was happening, at least to some degree. Seems right, good and fair, ensuring all parties sign up and on the dotted line.
  12. What organizations and do they have materials available to the public?
  13. My apologies. I shouldn't have used the word "rumor" and then reinforced it with jocularity. All points are solidly sourced.
  14. A few random points: 1) Rumor is, compelling data illustrating the YPT has not been as effective as claimed will be released soon, countering the narrative that the existing program is sufficient and there is no need to address enhanced measures in the Plan. I'm told the data is dispositive. I make no assertion about the effectiveness one way or the other, since I don't know the facts. I do know this is a major issue for many claimants, some of them with positions of influence in the case. If the BSA is unwilling to adopt and implement additional measures, whatever that means, those playe
  15. One thing I would note on the other side of the "slowing down" argument is the cultural mood against iconic institutions doesn't necessarily result in slowing down reforms. Some people would love to "burn it all down," as has been seen across the country and stated pretty much verbatim in this case. I am not inviting a discussion or debate on culture, ideology or politics, just stating that in the wave of "cancel all vestiges and institutions of the colonizers!", some will see the demise as a thing to be praised and hastened. I hate that, but there it is.
  16. I understood his statement to question whether the filing and "litigating" of 95,000 sexual abuse survivor claims against the Boy Scouts of America, an iconic American institution trapped in time with the #METOO movement, would be enough to inspire SoL reform in the area of child sexual abuse. He said he didn't believe it would have any impact. I said several organizations and state legislators disagree. That's all. Sorry if I misinterpreted.
  17. When Members of Congress take note, in the midst of publicity over the release of the dreaded files and fending off abuse suits, it's on the radar of advocacy groups. In our conversations related to child sexual abuse SoL reform, they specifically mention the BSA and RCC in the same breath. I should have added that CHILD USA and CEO/law professor, Marci Hamilton, have filed friend of the court briefs in BSA cases. They are adamant state that courts are have proper jurisdiction for child sexual abuse cases, not bankruptcy courts.
  18. Nah. I'm sure you're not alone. The explosion of the case numbers in particular, plus the fact that CHILD USA and these legislators HATE the use of bankruptcy to dodge child sexual abuse liability is the combined driver. Magnitude, whether legitimate or not, have elevated the case to a Exhibit #1 for abuse liability avoidance abuse. Doubly abusive, if you will.
  19. CHILD USA and multiple state legislatures strongly disagree with you on this point. I have spoke with the both groups numerous times about this case and the matter of state by state SoL reform.
  20. The TCC's Complaint for Declaratory Judgement on the allegedly restricted assets has this at the heart of their contention. "The Debtors' History of Commingling Assets" is the leadoff hitter.
  21. I've been thinking that for a while and asked others involved in the case why some LC's, who don't sense a legitimate "threat" to their asset base, would submit to voluntary surrender. The answer is as you stated, plus the BSA wants unanimity in order to be "one and done for all." I still didn't like that answer, because I can see it from a LC's viewpoint. If I were risk officer or any officer of a LC, I would know: exactly which legislators and groups are interested in SoL reform; the substance of all bills proposed, when and by whom; the disposition of each with votes cast;" what's goin
  22. Yeah. What he said. (I already loosened the lid, he just took it off...)
  23. I have a vague recollection about this somewhere in my little brain. In those cases, an individual Diocese effectively equates to BSA National in this case. The RCC suits aren't against the local churches, though many are named I believe, because they don't have the big dollar assets. The local churches are more like Troops/Units. I don't believe there is a "RCC of the USA" or otherwise, in terms of a legal entity. The Vatican is a sovereign state and not reachable.
  24. Not knowing a ton about franchises, I have looked at this more like the employee vs. independent contractor scenario, which is more familiar to me and provides a number of boxes to check to see which is which. The BSA and LC's want to say these are completely "independent contractors" who do their own thing, not sufficiently directed and dictated to by National to be deemed an "employee." I know this is apple to oranges, but bear with me. When you do a test of employee or indie contractor, you look at the factors of control, autonomy and influence on behavior and the overall relationship.
  25. Right. I recall now. Thanks to both of you for the prompt. This reinforces the negative inference: the absence of any notices of appearance and/or a reservations of rights reveals the that ain't no "there there," I'm thinkin'.
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