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ThenNow

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Everything posted by ThenNow

  1. The resolution of those points pretty much holds the keys to the kingdom, me thinks. There's a lot of arguing, resolving and ruling represented on that one page.
  2. Docket page 19 or page 19 of the filing? Sorry. Just want to be sure. Oops. I looked. They're concurrent this time...my bad.
  3. Does anyone know if the entity or entities said to hold these restrictive interests/reversionary rights gave notice of appearance of counsel to assert those rights to prevent sale or encumbrance? If I gave some mack daddy property and wanted it back if x or y happened, or if z was no longer going to happen, I would've been asserting those rights from the jump.
  4. Given the BSA's assertion that the properties/assets are restricted and the TCC's exasperation over not receiving timely documentation which fueled the need to file the lawsuit, I say the restrictions are legal fictions. They look legit, but back to my previous quip: they are a ride with a V12 badge on the side but a Volt e-engine. If these were ironclad and locked down, why wouldn't they have handed them over pronto? I could be 100% wrong, but if that were the case, this tap dancing pee-pee dance wouldn't have been necessary. The TCC has given them more time to figure out how they're gonna sp
  5. I guess there's something to be said for consistency. Well, it may be misapplied here.
  6. Per the statement from the TCC, I believe the answer is an emphatic, "No!" If an artificial structure was used to restrict the property in question, it is the same sort of thing that's been going on with transferring real property and liquid assets to trusts, as called out over the summer. You know I am on the "side" of claimants, though not seeking the demise of Scouting, but this sort of stuff was bound to bite back and damage the entire process. The transfers are particularly obvious and onerous, smack in the middle of the reorganization and in the nick of time before the mediation/neg
  7. Not being an NGO attorney, but having been an Executive Director of one and an associate pastor of another, this is a sticky wicket of issues and mechanisms. For this purpose and often with this type of thing, it's by way of a restricted deed or reversionary clause, though the latter may negate the gift as tax deductible. Not my area, to restate. Maybe another member is better educated in this. One thing that muddles the area of earmarking and directing funds is there are "advised" donations and "restricted." Back when, we used to call the former "allocated" donations. This may help with
  8. This may help explain restrictions, at least a bit. I don't understand the history and structure of the entity created to hold the property or the deal with the note. It goes to the argument for and against it being restricted and assume it is at the center of the push/pull between the BSA and TCC. On the creation of the entity and note, I'm wondering if both were a strategic mechanism to distance the BSA from imposing the restriction on their own, through a legal structure that looks like the "donor" imposed the restriction. Again, I am shooting in the dark... Generally, funds are
  9. This may seem odd for an attorney to say, but I can count on one hand (hyperbole) the number of docket notices I've seen that don't contain at least one "Monthly Application for Fee Application and Compensation and Reimbursement of Expenses." It's staggering. If I recall correctly, several are in the $1500 per hour range. (I am retired and never saw that kind of money, whatever that may mean or not.)
  10. I immediately noted that the word "all" has been deleted from the reiteration of the first prong of the two-part goal: "Our Scouting Movement—the national organization and local councils alike—has a moral responsibility to compensate victims of past abuse and to continue Scouting’s mission. We understand the gravity of meeting these imperatives, and we are taking the necessary steps to get there."
  11. I know. Truth hurts, right? I errantly left off the plural 's' on guy. We can't be the only ones...
  12. Yeah. That's a clearer and better defined way to say it, but what I was trying to say by "defer and let the fight happen down the road."
  13. Although not overtly stated, the Ad Hoc Committee statement seems to indicate they believe it demonstrates real "progress is being made" and all their hard work is paying off. I guess they go behind Door #4 where Carol Merrill is standing. (A familiar reference for the other old guy.)
  14. That is correct. The Coalition and Abused In Scouting attorneys, with others chiming in, argued there is no precedent for the court to grant this kind of motion. Insurers countered with, "unless there are unusual/extraordinary circumstances," which they and others believe to be the case. (I tend to agree, given the exponential curve in the number of claims and all the shady business that drove it.) The judge has not been thrilled with them, having "defied" her admonition against, "seeing 100's of claims signed by an attorney." Many of them did that and more. It's possible, just like on h
  15. I don't necessarily, in fact literally, mean publicly. It would be beneficial even to have strategic input on things like the properties, for example. That said, in monitoring press from various local outlets, politicians, business and community leaders continue to be involved in and advocate for their constituent BSA entities. I haven't seen this wane in those specific markets. This may amount to a group of anomalies, but I assumed it was not. I have no idea if it is completely isolated and unique, I admit.
  16. Day Late-Dollar Short is my very long middle name.
  17. I wouldn't necessarily trust the "government" to do it correctly, but the BSA may have missed a perfect opportunity to help the internal crisis, as well as advance the cause of protecting children generally. I do understand why it didn't happen, including protecting the brand/reputation, participation, funding and all.
  18. I'm on the outside looking in, but as an attorney, former high achieving Scout and abuse victim, I would long ago have added several solid men who were abused as Scouts to advise on the Youth Protection Program. If you're serious about rooting out fraud and data breaches - for an apples to oranges example - government agencies and private companies have hired expert fraudsters and hackers. I certainly wouldn't hire sexual predators, but many of us could add tremendous insight into how to craft and implement protection measures, not to mention speak to leaders about what this looks like in real
  19. I don't know the detail or if there is anything substantive involved, but doesn't National present an annual report to Congress on the state of Scouting? (I've often wondered why/how the matter of the abuse has been avoided in that discussion, but that's another point.) Does Scouting have a champion or sponsor in Congress or someone with whom it has a liaison relationship? It seems like there are great options to explore and discuss, if there are such relationships. Scouting has man people in high places and I would think these discussions could be had. That said, I understand no one was wanti
  20. I couldn't afford Philmont when I was in Scouting. It would be a joy to experience it before I croak.
  21. To reinforce, what the insurers are hoping to do now is find pockets of invalidity, like duplicates, obvious fraud, complete lack of identifying information or 100's of claims signed by an attorney that look to have come off a copier, so they can lop off a chunk with a sickle right quick. The actual examination of claims to assess legitimacy and gauge severity, which feed into the metric of valuation, is the long process CynicalScouter mentions as belonging to the Settlement Trustee. Maybe that helps.
  22. There will almost certainly be a phase of lump sum "walkaway money" offered to claimants who just want to get something and be done with it. I don't know how that will work or how values will be calculated, but believe it will be deployed here as it has been in other cases. This will allow a reduction in the numbers, but how much and to what effect on the overall process, who knows. Not me, for sure.
  23. I know some are unable to access WSJ articles. If it is of any help, attached is a good one briefly summarizing some of the key points raised in the insurers' discovery motion mentioned above. Apologies if I am duplicating what someone else already provided. Coalition WSJ 1.25.2021 PDF.pdf
  24. Which is wise. I feel iffy about questioning claims, too. Having managed a class action case on an unrelated matter, witnessing the meteoric rise in claims, the public presentations and representations by the "firms," and then reading how this all came to be, how can one not question? By the by, the case I refer to certified its class based on contacts made with potential members via historic records. The class was not built by gill-netting prospects through advertising or claims aggregators.
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