MYCVAStory

Exactly. This email mistake is red meat for the bankruptcy professionals and a way to point fingers and curry favor. But, this vote is going to be analyzed many ways, and the communication (all of it) will be a topic during a confirmation hearing. It for sure was an unforced error by the TCC professionals but at the end of the day Survivors don't care and the vote will let the Coalition declare total victory if it gets 75% of the vote, partial victory if it gets 66%, TCC will do the same if it gets more than 25% or 33%, and then when the $3500 votes are backed out the same arguments will be made. Lastly, remember that Survivors can vote repeatedly with the last vote cast counting (not reported to an attorney if superseded by a mailed-in ballot). So, the Coalition wants to take its pound of flesh now on a remedy because they don't get to argue but so much later on and have the judge say "I gave you your remedy and you agreed on it. You don't get to say NOW that it wasn't enough."

For some context and in the interest of accuracy, Stang the TCC's attorney had no problem saying that he had been asked to send out a letter for an attorney (Kosnoff), had it in writing, and did so. Kosnoff has been promoting a NO vote and was mad that parts of AIS were saying the opposite so he wanted his message out. This was supposed to go out to a Kosnoff client list but someone MISTAKENLY sent it out to a larger list. Again, Stang said it was a mistake and not malicious. As well, he said his folks won't be sending out any messages on behalf of counsel. The TCC's professionals and Coalition's and BSA's are conferring now to come to an agreement on a message to send out to the recipients making clear the mistake and whatever else they can come to agreement on. What's important is to remember that the lawyers live for this stuff and if the Coalition and BSA were concerned that they'd lose the vote this lets them throw mud on it for their use later. So, cue the outrage and suggestions of conspiracy between evil attorneys and TCC. As well, get ready to hear "unprecedented" a thousand times. This IS unprecedented in many ways. Not only the scale of abuse but the fact that normally 95% of a bankruptcy "class" votes to approve a settlement. The BSA and Coalition appear to have underestimated Survivor sentiment so they'll grab onto this opening. On Wednesday they'll turn outrage up to 100%, Stang will say "We made a mistake", hopefully they'll come to an agreement on what's to be sent out now, and it'll make for a headline or two in the legal/bankruptcy trade sites. As a Survivor, my hope though is that the TCC at its Thursday night Town Hall will say "A mistake was made" and get back to what matters most to Survivors; how to vote, validating your vote, whether the settlement is fair and whether children will be protected. Survivors aren't huge fans of ALL the lawyers right now so all your school-yard fighting is going to do is either make people NOT want to vote or just vote and change the channel until the results come in. I suspect the latter will be true.

TCC just put out a video on the mechanics of completing your ballot "manually." Found it on the TCCBSA,COM website, it's to help Survivors make sure they fill it out and return it correctly and isn't heavy on whether they think anyone should vote to approve or reject.

Two things: 1. I'm tired of hearing "Historic settlement amount." Damn right it is. It should be. The number of victims IS historically high. Broken down per claimant you know what else is historic? the awards they'd receive. Historically low. 2. When looking at the cost per youth, the TCC is pointing out recent trends. Look at the two LC analyses while we await others. Available assets have gone up for many Councils as the number of members have gone down. The rationale of "Covid....our membership is about to increase..." Well, let's take a look at upcoming membership numbers, consider the impact of the public really coming to understand the amount of abuse and what that does to recruitment, and consider whether the BSA should be able to save its money right now instead of compensating Survivors that were abused back when.

The devil is ALWAYS in the details. Survivors are voting on the Non-Monetary (youth protection) portions of the settlement as well as the monetary portions. The only thing "guaranteed", and for a short time, are the vague assurances of what happens AFTER Settlement approval. Then....the Coalition has ZERO motivation to see that any changes actually happen. THAT'S why the non-monetary must be as stringent as possible NOW. I REALLY hope that the Coalition hasn't concocted its "working group" as a reaction to the TCC shedding light on the non-monetary weaknesses, pulled in very well-meaning Survivors, and uses them for photo ops and settlement endorsement.

From TCCBSA.COM website....... Topics at this Town Hall will include: How much is your Local Council contributing towards your Claim? The TCC will discuss inadequacies of the cash and other asset contributions made by Local Councils. Respond to voting questions: “where is my ballot,” “how do I fill out my ballot,” “what are the elections under the ballot,” and “where do I send my ballot” Why the TCC Recommends a “NO” Vote. View Most Recent Notice Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required) or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295

Yep, and remember, the TCC has had BRG on the payroll this whole time doing financial analysis.

Well...well.. Just spoke to my attorney. The TCC is going to be discussing and starting release of the the LOCAL COUNCIL DASHBOARDS tonight at its Town Hall!

My bottom line, this is nothing but a distraction from the Coalition's inability to this point of gaining a bigger trust fund AND a reaction to the TCC making it clear that abuse elimination is a SERIOUS part of a reorganization strategy. See this grand Coalition announcement for what it is, an interim step. It does NOT change the fact that the settlement's "protection" of youth guarantees NOTHING when it comes to transparency with the public. I appreciate any Survivor wanting to lend a voice and I thin most would line up at the chance to speak with the BSA right now. We want to prevent what happened to us from ever happening again. But you know what that makes me an expert in? How to prevent MY abuse. The Coalition's working group does NOT include experts in the field. It does NOT include the immediate reporting of data. It does NOT include a TCC demand that ALL recommendations would be released publicly so that the BSA could inform the public of what will be followed and what WILL NOT. This is another Coalition attempt to distract from what's most important by throwing the barest attention at an issue. Don't tell me "They're trying." If they were serious about protecting our youth they would have listened to the TCC last Thursday night, which they obviously did, and said "We can do even more." They have not. They have announced a minor initiative before a plan that DOES NOT guarantee any significant changes.

It's just amazingly tone deaf. Survivors are struggling, especially now. Some have been active on this forum and you can feel their pain. The right thing to do from the people who stand to make MILLIONS from our abuse is to just take a while off from reminding us that their life is so great. Anyone who wants us to believe that he has empathy for the daily struggles of so many Survivors shouldn't take comfort in the ones that have expensive hobbies or the friends that do, he should instead be behaving in a manner that makes us feel like he remembers and cares about the ones that don't.

I'll just leave this here...it is SO unfortunate that an attorney saying he reprsents thousands of Survivors, many who have had their lives ruined, would post this right now courtesy of Tim Kosnoff's Twitter: https://twitter.com/SexAbuseAttys/status/1453544554452303873/photo/1

Reminder for tonight....guest on the TCC Town Hall. It's nice of the TCC to remind us all that this is about more than money. It's also a REORGANIZATION to ensure the safety of our nation's youth: The next Town Hall of the Official Committee of Tort Claimants' (the “TCC”) in the Boy Scouts of America bankruptcy cases will be held on Thursday, October 28, 2021, 8 pm (Eastern) Michael Johnson, former Director of Youth Protection for the BSA, will join the October 28th Town Hall to discuss Youth Protection and the deficiencies of the current plan. View Most Recent Notice Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required) or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295

In case it hasn't been posted... Here's another group that isn't a fan of the Coalition's scare tactics. I have ZERO connection to it. http://nobsadeal.com/

Look at your retainer agreement. Ask how much you'd be billed NOW if you released them. If that doesn't get their attention then suggest that you will fight paying for service you didn't receive. Then represent yourself or get another attorney. I am NOT an attorney but I was once involved with a lawsuit where a member of my family did NOT release counsel when she should have, lost, and it was a hard-learned lesson.

Remember....open, closed...attorneys will get their percentage. It doesn't matter who gets what as long as it gets out the door so a percentage of the total awarded comes raining down.

In case you haven't seen, this just dropped:

The TCC has apparently had enough of Survivors being misled. Just got a message that this video has dropped::

The Rothweiler video is DISGUSTING. He expressly states that if your claim is not in an "open" state that you will receive nothing. Importantly, he fails to recognize the many thousands of claims that are in statute even in bad states because the survivor is still within the timeframe under the applicable statute. Also, he quickly throws in the trash all of the claims in Oregon, Washington, and New Mexico, which each have very liberal rules when comes to this point. He also fails to tell everyone that under the plan those in "closed" stated will receive as little as 1% - 10% of their claims after the statute discount, which does not take into consideration an underfunded trust. Plus, he never lets us forget he is a trial lawyer from Pennsylvania, presumes that all of those claims will be disallowed when he and his partners argued vigorously for very minor statute of limitation discount. The hypocrisy is beyond what I ever thought was possible. SURVIVORS DESERVE SO MUCH BETTER THAN BEING MISLEAD AND SUBJECTED TO FEAR-MONGERING.

Just a reminder: The next Town Hall of the Official Committee of Tort Claimants' (the “TCC”) in the Boy Scouts of America bankruptcy cases will be held on Thursday, October 21, 2021, 8 pm (Eastern) View Full Notice Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required) or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295 To be discussed at this Town Hall: Trust Distribution Procedures Hartford Settlement and Local Council Settlement Solicitation Materials and Voting Ballots TCC’s recommendation on how to vote

Just a reminder... The next Town Hall of the Official Committee of Tort Claimants' (the “TCC”) in the Boy Scouts of America bankruptcy cases will be held on Thursday, October 21, 2021, 8 pm (Eastern) View Full Notice Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required) or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295 To be discussed at this Town Hall: Trust Distribution Procedures Hartford Settlement and Local Council Settlement Solicitation Materials and Voting Ballots TCC’s recommendation on how to vote

Good point "might seem like a mess" is my biggest understatement yet.

First, remember that there needs to be a 2/3 majority of VOTING claimants for the class to approve a plan. The Coalition won't be removed as a mediation party if it fails but obviously their influence would be greatly decreased. As well, the TCC's position as truly representing ALL Survivors is enhanced. Remember too that the Judge is really concerned about the "quick pay" votes. She is going to hear the argument that someone in a "bad" State taking the quick pay option should not have the ability to impact someone in a "good State" who has a claim ready to continue if a permanent injunction isn't granted. So, there's a scenario where this plan passes BUT after removing the quick pay votes it falls under the threshold. That might seem like a mess but it really provides a fuller picture of support, or not, and she may need that in order to make an informed decision.

Yes, but he does have a lot of wood to chop in this historic(ly) bad settlement he's promoting while he talks to his good friend Mr. Anker and apologizes for his webcam/laryngitis/late hour that he received the motions last night.

She did make it clear that she would be ruling quickly and as the discovery proceeds she would be available to make VERY quick decisions when the parties can't agree on what's privileged.

Do you mind sharing who told you this? I ask only because it of course isn't true as bankruptcy is practiced and it's important for all of us to know when we can where bad information may be coming from. I absolutely understand if you don't want to share it!