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MYCVAStory

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Everything posted by MYCVAStory

  1. That's a really good analogy. The hardest thing to do is be patient as this unfolds, and remain confident that the interests of victims are being fought for as best as possible. Victims are a strong and that strength has never been needed more than now. Another day...week..month...stay strong.
  2. Well, welcome to the bankruptcy code. Code says that parties that make "substantial contributions" Discussion: https://www.abi.org/abi-journal/substantial-contribution-claims-a-new-perspective Since the Coalition was deemed a "mediation party" by the court the bar gets lowered on their making the substantial contribution claim. That said, the US Trustee is doing his job by holding parties to the strictest rules for reimbursement. Remember though that in many cases the Trustee basically "points things out" and then a party will provide a complete response to satisfy the Court. Re
  3. Thanks brothers. All will be good. I suspect the last 16 months has made us tough old bastards! I'm more interested in living vicariously through ThenNow as he heads to the sun.
  4. Let's trade. I'm headed to a cardiologist next week after an "abnormality" turned up. I'm looking forward to when he asks "Have you been under any stress lately?" "Well, do you have a few hours so I can summarize it?!" Enjoy, safe travels, and happy hunting!
  5. Someone let Kosnoff know he can tweet his apology re the TCC not holding meetings when he thinks best. The TCC for now has moved its REGULAR second Thursday of the month meeting to the week before. Not a huge surprise given the the upcoming court dates and what might be better timing: NOTICE OF VIRTUAL TOWN HALL MEETINGS HOSTED BY THE OFFICIAL COMMITTEE OF BOY SCOUT ABUSE SURVIVORS The next TCC Town Hall will be held on Thursday, August 5, 2021, at 5pm PDT/8pm EDT. Zoom link: https://pszjlaw.zoom.us/j/89421964324 (no registration required) or Join by phone: 888-788-
  6. Re the next TCC Town Hall meeting, considering the Bankruptcy court hearing schedule I wouldn't be surprised if their Town Hall gets moved to the best possible time, like the week before, as things crystalize. Someone please ask Kosnoff for a retraction and "thank you" if that happens. #wishfulthinking
  7. Always interesting when someone under the gun starts pointing fingers elsewhere. The TCC said it would hold Town Hall meetings monthly. It has delayed meetings, and called one on short notice, to provide the best information. I suspect if the TCC held daily meetings he'd say it was spending too much time on meetings. #whatever.
  8. Anecdotally, I've visited so many reservations in the past decade where I was told "We have several camps in the reservation but only use one regularly." It always follows the demographics. Take Ten Mile River Scout Reservation in New York. 10,000+ acres and at its height 11 independent camps and outposts. Today, three camps. Drive the old roads and it looks like one scout camp ghost town after another. I don't know that Council's plans but if the notion is to hold on to all of that property until eight more camps are filled, well, good luck. There are others like it. It's business. W
  9. Well, the BSA NCAP process looks specifically at utilization and strategic analysis of camp plans for usage. https://www.scouting.org/outdoor-programs/camp-accreditation/ I'm guessing these reports and documents would be available, but under mediation confidentiality, and would have helped inform the Ad-Hoc Committee and TCC regarding the amount of under-utilization that made properties "available."
  10. Absolutely. As well, this is why the TCC had CBE conduct appraisals on hundreds of properties. This prevents an LC from saying "Here you go, it's worth a million" when it's worth a thousand. As well, it also prevents the LC from trying to transfer the unusable portion of a camp (i.e. swampland). The reality is that there are a lot of camps out there that while they have been valuable emotionally to LCs because of their history they have been grossly under-utilized. So, some LCs might sound like they're horrified that their camp will be sold but I bet quite a few scout execs are happy that
  11. Excellent point. Remember, the LCs are NOT under mediation confidentiality to do so, nor are they under an NDA. The TCC shared the dashboards with the LCs and specifically encouraged them to share them publicly. Because they contain financial data that is figuratively the "property" of the LC it's the LC's choice as to whether to share. Frankly, it's always a bad look when a non-profit doesn't share all that it can. Again, the question to ask the LC is "Will you share the TCC's dashboard for the Council? If not, in light of the TCC encouraging it to be shared, it not being part of mediat
  12. Sounds a lot like someone who got kicked out of the dance and found himself complaining about the music from the parking lot.
  13. Remember, the TCC works with experienced bankruptcy attorneys, financial;l advisors and analysts, pension experts, insurance litigators, and others versed in bankruptcy. Its members never purported to be experts or have competence other than try to make the best decisions in consultation with the best experts it could secure. You're also making the assumption that they rely on heart and sincerity. We know that they come from business, the military, the legal profession, and others. I don't suspect they lack in guts. NONE spoke yesterday because it wasn't appropriate. My suggestion is th
  14. It is VERY important to note that the US Department of Justice career employees (not political appointees) interviewed over a hundred victims and selected the nine it felt most appropriate. They did this without consideration of how many clients a specific attorney represented. They wanted nine that would represent ALL victims and not one firm's clients. None of the nine were Kosnoff's clients. The Coalition was self-formed and filed to be recognized as a mediation party. I bring this up just so that victims recognize that the TCC was selected and instructed to represent ALL victims reg
  15. I hope you stay strong. You've already hit on the most important part of all of this, what happened WAS a part of your past. This bankruptcy though has dragged it into the present for those who were ready for it as well as those who weren't. I hope for all our sakes that at some point we can all find a way to put this back in the past where it belongs. That's a tough destination to reach and the path is an individual one, sometimes interminably long with a lot of detours. Just don't ever give up and you'll keep getting closer.
  16. Do you mind sharing that statement or what State that is?
  17. In the for what it's worth category, I spoke to a long-time bankruptcy attorney today and asked "Was anything a surprise?" His response, "Nope, the timeline was realistic without objection. Objections are common and not a surprise" He seemed nonplussed and suggested that bankruptcy court is a wonderful venue for grandstanding and lengthy proclamations if you are a corporate attorney, regardless of the validity of argument. "Why?" "Because the client is listening." This grinds on but for all of us who hoped that our cases would see the light of day sometime it's still proceeding faster t
  18. If that were to happen then consider this, the States where there are open SOLs would allow cases to proceed. Awards would be given to those who prevail, insurers would appeal indefinitely, but the real issue would be settlements. When the open States wipe out all the exposure for victims in "closed" States there would be ZERO left if/when States change their SOLs. Oh, and the same thing would happen to cases in open States that don't get settled in time before policy limits are reached. The mission of the Trust is to try and secure the most possible and distribute it "equitably." I Know
  19. PLEASE do not accept that. The TCC SPECIFICALLY said that their analysis was not part of mediation and did not share the dashboards as part of it. The TCC spoke directly to the LCs outside of mediation via Zoom and information seen as confidential was designated by the individual LC. Each LC is in control of their dashboard and can disclose what it wants. If the LC believes that the TCC dashboard is incorrect then now is the time to make that case. If all it wants to do is hide behind some sort of NDA or mediation confidentiality that doesn't exist then perhaps the LC doesn't understand t
  20. It's good that you're dubious of all of it. Every claimant should be until they are comfortable. It should make for a good discussion with your attorney since they're getting paid to represent and interpret.
  21. As suggested, there would probably be a pre-arranged negotiation so that the selected case would pay back to the Trust a significant percentage so that it's a win-win. The claimant if they prevail receives an amount closer to the suggested "value" and other claimants via the trust will share in the trust's "percentage."
  22. It can be confusing. I'll try to overly simplify it. A Victims Trust will take possession of the insurance policies. Basically, the BSA "assigns" them. Then, the trust allows some small number of "slam dunk" claims to go to court with much coordination. This will include a negotiated percentage of any award going to the trust so that it doesn't dilute coverage limits for remaining victims. Theoretically these claims will win in court and the insurers will then be liable for paying. String together enough of these and the insurers will want to settle to stop the bleeding. What this judg
  23. So, the LC, which like all the others has expressed its financial and corporate independence consistently, has received a financial analysis from an outside source and doesn't want to share it with its members? Seems to me it would be happy to if the analysis was incorrect and too optimistic. Then again, bad news is always best kept secret isn't it. NOW is the time for everyone connected to the BSA to be screaming for transparency. The lack of it has put us all in this position and must end. Ask to see this "NDA."
  24. Ask to see the TCC detailed analysis of your LCs finances. All LCs have received theirs. Might make for an interesting discussion.
  25. I hope that as a part of this bloodletting every LC will start to ask more questions and press their Execs for answers. LCs need to be change agents. With a nod to Santayana, anyone who wants to believe that history doesn't repeat itself truly is headed for seeing it repeated. What will it cost next time?
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