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ThenNow

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Everything posted by ThenNow

  1. Although I would personally appreciate having a go at my abuser in criminal court, which would require a window, I know the burden on law enforcement, the state(s) to defend and the court system overall would be crushingly expensive if deluged with these cases. I have less problem with civil windows, though courts are impacted, partly because the other governmental players are not tapped or taxed as with criminal cases.
  2. I have not heard this. I don't think it's accurate, but I will ask. If so, I would think the number of cases in NY and NJ would have really exploded when they opened. If you're right, I could've sued in one of those two jurisdictions, prior to filing. Another inquiry for me to pursue. If that is true, every one of us with a pre-1978 claim which is a bunch, has a stronger claim and cannot be flagged as time-barred in the bankruptcy. Hm... I previously posted another of these from CHILD USA showing pending legislation and the like. This shows the changes.
  3. My first abuse was on my 11th birthday. The last just just before turning 17. I woke up to it all when I was 42. At the time, other boys/men in our Troop who had been abused by the same SM were identified by the Sheriff's Dept. lead investigator . They were in their 30's, but unwilling to talk about it much beyond acknowledgement and refused to prosecute. Not ready to countenance the whole experience and repercussions of coming forward. They could have initiated, as not time-barred, but they couldn't bring themselves to act. I understood.
  4. The number includes claims that would have been barred against civil suit in state court on 2.18.2020. Those were the non-starter cases for which the Chapter 11 was the court of last resort, unless/until SoL reform happened in the given state. No SoL's have changed, to my knowledge, over the past year so that would be the same today. As claims are logged, they flag the abuse dates, how much time has passed and the applicable SoL in the state(s) of abuse. That's my understanding how the number is derived.
  5. I may misunderstand how this is going to work (ya think?), but it seems ParkMan implied the BSA would pay each man regardless of time-bar. I take that from his statement, "...you are not in the category of people who will receive insurance payments." This could be me reading between the lines, again, which has proven a bad idea. I will ask someone who may know. Yeah. The number is huge. If, however, everyone will get something from the BSA, with $6100 as a baseline, some men will be very grateful. I think of the guys in prison, jobless, in need of medical care, and, etc.
  6. Opps. I guess this was deleted. 1804815587_RCCofNewMexicoClaimPointsSys.pdf
  7. You're right. I am frustrated, as it's defined. What I feel is very different, but you have no responsibility to relate or empathize. I can't expect that from you or anyone. With no previous familiarity in bankruptcy, I had no idea there was going to be a distinction between the money sources. I imagine I'm like the many guys who came in independently or through the "mining" process. If that weren't so, we wouldn't have 59,000 time-barred and 24,000 from open and window states, before more winnowing for fraud and whatever. Right? Those who came in with state counsel prep and teed up claim
  8. I almost said, "I am Pessimist, hear me whine," but resisted the temptation.
  9. I am Pessimist and that's all I need to know how to spell.
  10. Yup. Reading you 5 by 5. I think what I'm failing to communicate is that 59,837 men probably should never have been offered an opportunity to file unless there were caveats. I can only really speak for myself, of course. I'm an inadequate Demosthenese warning of the depth of pain that may be coming for many, if turned away or sent away with a token. I understand that may seem out of reach and/or exaggerated. I am just unable to articulate it without getting extremely morose and graphic. The insurers are coming for every one of those time-barred claims, regardless 60,000, 6000 or 600
  11. You are, after all, "Optimist." Equitable means "just, fair and reasonable." As others have articulated far better than this necessarily biased participant, what was put forward seems to fall a mighty bit short of that bar. I defer to them. Yes, it is subjective, but I am not imposing my "definition." Fair, just and reasonable is about context, which includes damage on one side and assets, ability and willingness on the other. How that shakes out, I can't say. On this topic, I got no table and got no way no how to approach the feast set before others. I'm sitting at my desk in the corne
  12. If it's being presented to the court for approval, I believe it must be. I'm not sure if anyone here has a running list, but there are a slew of consultants on top of the legal teams who were hired on various fronts including insurance counsel, property and asset valuation, forensic accounting...
  13. Gross or net? If the latter, who gets to set the definitions and accounting method?
  14. I can "get money" standing on the corner with a sign. As with other issues, you and I are not going to see eye to eye on this one. Eye to elbow, maybe [he said completely in jest]. Again, "equitably compensate all victims of past abuse in Scouting." Come and get it. $6100 ain't equitable. Add to it, 59,837 claims are on the block marked "SOL." We block heads aren't going to vote for this Plan, a manicured modification of it or for getting vertically reduced by 13". End game? Liquidation. End result? Zippo.
  15. Yes, amen, praise the Lord and pass the biscuits. (Again, to be clear, the only reason I'm here is I responded to the public invitations and inducement from the BSA. The impetus wasn't self generated and didn't come from an attorney ad, therapist, family member, CHILD USA, person of influence or otherwise. I am a freewill agent and used that agency to take up hope and respond by filing a claim. 100% my bad. It's on me. I should've known better.)
  16. Quite to contrary, I/we are lubing grinding gears in which we are stuck like so much meat being ground up to be spit out the exit tube. In this particular category, "I/we" are the SOL guys who got no SoL relief and, therefore, can't get no satisfaction. 'Cause you see I'm a losing streak. Hey, hey, hey. That's what I say...
  17. Again, personal and anecdotal, but my thoughts for what they're worth. I never wanted or even thought about suing the BSA or our church for the abuse I suffered. I wanted at the perpetrator. I started in 2003 and was already too late. I see your point about the runaway train that these look-back windows can (and do) create. I get it. For me, I would have been perfectly happy going after him in criminal and civl court. I say, lift all child sexual abuse SoL's against perpetrators and direct accomplices. I could prove that case, in part by expanding to include other victim/witnesses. Case O
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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.
  24. Ha! I have no influence whatsoever. You guys contact your representatives and use your muscle. Another, “HA!” am I correct?
  25. 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
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