MYCVAStory

District court this afternoon... The issues addressed were Assignment of Insurance contract rights and obligations, as well as Indirect abuse claims and judgement reduction. This was VERY specific insurance arguments with lots of case law cited. Several attorneys for both sides presented and fielded questions. This Judge has done his homework and his demeanor was one of slight befuddlement masking a VERY sharp mind on the issues. The popular opinion was that the certain insurers again did not sway the judge. It seemed like repeatedly he asked the plan supporters to help him make argument

I'm at the District Court. Not wanting to trigger a libel suit I'll leave out the who said what and whether they stumbled. This morning was all about the "Good Faith" argument. This is a weak part of the insurer's objection, and it showed. The judge asked many questions and most seemed to be doubtful of the insurer's points. So basically, insurers spoke for 30 minutes, including questions from the judge, White and Case for the BSA did the same, and then they both took questions for 45 minutes. Recess until 2.

An administrator to manage the claims process has been designated. It is Ms. Randi Ilyse Roth. A full description is in Docket 10948 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/e6b860d5-ea87-4d08-9283-894100d71c06_10948.pdf. She'll be responsible for managing the process to include hiring staff and sexual abuse experts, setting up the claim intake process, etc. Interestingly, she was the claims facilitator in US V. Fata. That case gives Survivors a bit of an indication of how the process will look, forms required and website if a Survivor's Trust is funded. The legacy we

If you have a claim and pass away it becomes the "property" of your estate. That, and questions about documenting things NOW are reasons to lawyer up if you have any concerns. It IS an issue for many. I seem to remember hearing at some point that something on the order of 10,000 claims were from Survivors over 70, with 2,000 from those over 80. No, I'm not a lawyer so remember when you get free legal advice you get what you pay for 😉

So true. I've been struck at the number of times parties have suggested that Survivors are growing impatient when that isn't the case. Frustrated? Absolutely. But if you take a Survivor who has waited decades for some sort of resolution, and assume that all of a sudden their patience is going to evaporate, you're going to make a big mistake. Survivors want this over but realize that for many this might be their best shot. Don't ignore their abuse OR the resolve that's been forged over the decades.

While the TCC didn't object, it didn't support reimbursement either, and made clear that the Coalition and Pfau/Zalkin's reimbursement requests were not their fight pro or con. From the docket: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/4e0ca3c3-b1e5-4bc3-b4f4-0407a4d599ca_10861.pdf "However, in an attempt to emphasize their individual roles in this case to support the payment of their substantial contribution claims, the Coalition and, to a lesser extent, Pfau/Zalkin, have minimized (and at times have been outright dismissive of) the integral role that the TCC played in

I suppose the cynic in me would say this is why you hire a bankruptcy attorney to represent you in bankruptcy court. He isn't one so his post isn't entirely correct. All isssues aren't being addressed de novo. The de novo portion of the procedure underway isn't unusual and the District Court will also review some things under an "abuse of discretion" standard which is harder to overrule. So, strict bankruptcy code issues may be reviewed de novo while more complicated issues that aren't typical may get de novo treatment. This is all wise because if this heads to further appeal, and that t

The DOJ missed the deadline to appeal. It's "certain insurers" (Non-Settling ones), Lujan and Dumas clients appealing. They will make the arguments they made previously, and specifically argue that the Judge applied bankruptcy code incorrectly.

Yep. The wheels of bankruptcy grind on, slowly. The key for Survivors is to get this "effective enough" so that some funding can roll into the trust so it starts to get operational. The Trustee and named claims administrators need to hire their own staffs, or at least get them in the on-deck circle, and start the work on procedures so that when, fingers crossed, there are no more non-settling insurer appeals the Trust can hit the ground running. But yeah.....6-18 months. I remember hearing that 2,200 claims were from people over 80. I can't help but wonder how many won't be with us by th

Friendly reminder for tonight: Virtual town hall meeting on September 15, 2022 at 8:00 p.m. (Eastern Time). Zoom: https://pszjlaw.zoom.us/j/82272826295 (no registration required) Dial-In by Telephone: 888-788-0099 (Toll Free), Webinar ID: 822 7282 6295. If asked for a “Participant ID,” just press #

Attorney forwarded this: NOTICE OF SEPTEMBER 15, 2022 VIRTUAL TOWN HALL MEETING HOSTED BY THE OFFICIAL TORT CLAIMANTS’ COMMITTEE PLEASE TAKE NOTICE that the Official Committee of Tort Claimants’ will hold a meeting regarding the confirmation or approval of the Boy Scout’s Plan of Reorganization on September 15, 2022 at 8:00 p.m. (ET). The details for the next meeting are below. PLEASE TAKE FURTHER NOTICE that the Tort Claimants’ Committee will hold a virtual town hall meeting on September 15, 2022 at 8:00 p.m. (Eastern Time). Zoom: https://pszjlaw.zoom.us/j/82272826295 (no regi

Yes. The CRITICAL day is when the plan goes "Effective"; and the next step to that happening is District approval. Nothing happens until then. If not, then parties like the LCs would lose the injunction that is a part of the plan. Unfortunately, lots of "BSA emerges from Bankruptcy" headlines are giving the wrong impression.

Briefly..... Appeals must be filed within 14 days. This is basically an "I appeal" placeholder filed. Parties discuss a suggested appeals process. Documents, arguments, briefs, etc submissions are agreed upon. Or not. Stipulation filed with the District Court regarding the appeals process for its agreement. It can do its own thing as well. Also District Court is MUCH different than Bankruptcy Cort. IF there is testimony don't expect it to be on Zoom. But, you can travel to beautiful Wilmington to see it! Distrct Court places dates on the docket. Right now it's all a

"Doors closing...all Aboard! Next Stop, District Court. Welcome to the Hurry Up and Wait Express"

Attorney just told me that the TCC is holding a Town Hall 9/15.

Yeah....the cringy moment of the day was when one of the attorneys lightheartedly mentioned to the Judge that the proceeding's complexity and reminder of past hearings might be "TRIGGERING" to her. UH, how about if we dont joke about that. Some just don't get it.

It has always run neck-and-neck with "A lot of wood to chop."

Keep your eye on the docket. Sounds like a ruling to approve will be posted within the next 48 hours. Today's winner were those who bet on "Anticlamactic."

I see what you did there. 😉

Could easily be years plural. There are several "Non-Settling Insurers." They will be taken to court and if the Trust is successful, or an agreement is reached before-hand, they'll be forced to pay. For the insurers this is always a Time Value of Money exercise. The longer they hold onto their money the more they can make off of it. At some point that risk or expense from their own insurers becomes a money losing proposition. Ever file a claim for auto insurance that gets contested? The insurer knows that the longer they can delay things the greater the possibility you'll settle for fa

Guam can disrupt this now, and later via appeal. For them it has to be ALL about leverage. The BSA wants a plan approved. Century wants the BSA bill over with. Tanc's appearance wasn't coincidental. The BSA needs to make those two parties happy. How does it do that? Gets Century to set aside an amount to be paid to Guam as its bankruptcy slogs along? Century offers to pay contribute less because it still has Guam exposure? Then what? Will the Survivor groups (TCC and Coalition) accept less money for all Survivors or more money for one group? What if they split on that. It's all abo

And the question on every Survivor's mind...."Judge, you had EVERYONE there. They flew in to town to get things done and get this finished. Why didn't you send them out into a meeting room, or tell them to hammer it out overnight, and finalize it?" Bonus question to the BSA... "How do you feel knowing that the issue EVERYONE knew about, Guam and Century, wasn't addressed before today and Guam stated NO ONE reached out to her? The result being travel expenses for your professionals and the TCC's as well as continued expenses to get this done in the next six days?" It will get done. It wil

Apologies if someone already shared this, and excuse my home tongue. But, this is an important article to read in order to understand the next possible "spanner thrown in the works." https://news.bloomberglaw.com/bankruptcy-law/boy-scouts-bankruptcy-exposes-court-split-on-liability-releases Everyone cross their fingers that this isn't headed for the Supreme Court. You think the process to this point has taken time.... Sorry.

That's really inaccurate. You make it sound like the TCC, a group of nine Survivors acting as volunteers, is acting in its own financial interest. Or, their Counsel is manipulating them. That doesn't look like a group that would fall for that. The exculpatory agreement IS a normal part of bankruptcy proceedings for ALL professionals representing parties so that when it's over it's over for them. It became an issue in this case because of the email that was sent out in error. This was a mistake that resulted in PSZJ paying something like a million to the BSA's attorneys to reimburse the f

I'm as frustrated as the next Survivor at the pace and lack of information but this seems unfair. What are they supposed to do, complain about how much time it took for the judge to issue her opinion, and just pi$$ her off? What purpose does that serve? Have a Town Hall to discuss issues they're trying to settle where they agree and disagree with the BSA? Uh, mediation confidentiality is still in play AND regardless, doing so would feed into the hands of the "certain insurers" and other objectors by allowing them to point out where disagreement is present even within the plan proponents.