MYCVAStory

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 website is via this PDF: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/e6b860d5-ea87-4d08-9283-894100d71c06_10948.pdf

Remember, she'll be one part of the Trust "team" with Barbara Houser overseeing all of it.  So, she won't be judge and jury but will be developing the claim/award processes and implementing them.  Also of note is that her selection came via interviews with Houser, the STAC, and representatives of Pfau/Zalkin, TCC, and the Coalition,   It's a good sign when these groups can come to an agreement!

12 hours ago, yknot said:

In the current bankruptcy case, I am pretty sure I saw some cases that were "estate of... " Maybe one of our legal eagles would remember or know where to find where those cases might be listed to provide an example.

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 😉

On 1/16/2023 at 3:45 AM, SiouxRanger said:

No matter how long the trail, or how high the passes, or how heavy the pack, we will be there.

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.

On 1/13/2023 at 3:33 PM, ThenNow said:

The TCC filed papers more or less in support while noting their annoyance that the Coalition made it sound like they did it all and won the day. Clearly that was not the case.

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 this case, both individually and as part of the joint efforts of the three survivor representative groups – each of which played varying, additive and vital roles in the ultimate successful outcome of this case."

Given the feelings shown by Judge Silverstein regarding the Coalition it was probably best not to get into that mud fight unless their was a desire to get muddy.  Regardless, put 2/21  on your calendar for that hearing.  This should be via Zoom and could not only have some fireworks but judges often rule from the bench at conclusion.  It should be interesting to see if the Judge essentially asks "So, the attorneys who formed the Coalition are taking 40% from their clients.  Why should the BSA pay for the Coalition's professionals fees (Brown-Rudnick) instead of it coming out of the client contingencies the Coalition attorneys stand to collect?"  It will be very interesting to see from the outset if the Judge just wants to get this over with or make it ugly. 

Small other reminder, District Court hearing 2/9-10 is NOT on Zoom.  In-person viewing only. Come to Wilmington...beautiful in January!  (Sarcasm mode off) 

3 hours ago, PaleRider said:

Just saw on Tim Kosnoff's Twitter,

BSA "appeal" to federal district court is "de Novo. De Novo review occurs when a court decides an issue without deference to previous courts decision. Trial de Novo occurs when a court decides all issues as if case is being heard for the first time. Evidence not docketed in BR court is being offered to district.  Not sure what or why but it's beginning to look like a do over.

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 takes more time, then the "problems" need to be identified now and addressed. 

As a reminder, we're also headed into non-zoom territory.  First DC gathering to set out some ground rules is Friday and in-person only.  Beware of reports that start with "I heard from someone who spoke to someone there...."

8 hours ago, Eagle1993 said:

So far, I don't see the DOJ; however, I'm not sure if they would send anything or just argue in court.  In general, it looks like the non-settling insurers are going after this case individually (I see 15 different insurance companies) along with a couple of groups of claimants.  

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.

1 hour ago, ThenNow said:

Not sure how many of you logged on for the gathering, but it was informative and anything but celebratory. Just as I anticipated. TCC counsel advised the effective date is 6-18 month out, reasonably. I go with the outside, given the timelines so far. If more dawdling, wrangling, lack of settlements with the holdout insurers and etc., it could be more worser. Wee...

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 the time this is over and maybe that will be an incredibly important contribution; the biggest reminder of why Sexual abuse should NOT be dealt with in bankruptcy court.

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 registration required)  Dial-In by Telephone: 888-788-0099 (Toll Free), Webinar ID: 822 7282 6295. If asked
for a “Participant ID,” just press #

21 hours ago, RememberSchiff said:

Are stays from the Bankruptcy Court still in effect during an appeal to District Court?

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 guess but the District shouldn't be expected to take this up until closer to November.

By agreement at this point the plan is NOT effective OR funded in any form until District approval.  How long does that approval or rejection take after District review is completed?  NO ONE can accurately predict that right now without knowing the exact nature of any appeals and the extent of materials and testimony to be considered.

TCC has a Town Hall on 9/15 and hopefully will explain the process better.

1 minute ago, ThenNow said:

I second the motion for a new thread. Might we have a naming contest? Pretty please?

"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.

1 hour ago, ThenNow said:

Brother you can say that again. On second thought, please don’t. I’m beyond saturated with that attempt to self-coronate, canonize and congratulate. 

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.

37 minutes ago, ThenNow said:

I go with “Delay to Place” and have amassed a fortune.

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."

15 minutes ago, ThenNow said:

And, it's an appropriately stout model, if I may add some color commentary. 

I see what you did there.  😉

4 hours ago, Eagle1970 said:

Just wondering, with delayed sales of contribution property and future insurance settlements, how long will the trust be distributing money to survivors?  Many years?

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 far less than originally.  That's why any time you hear someone who owes Survivors moneyt say "The most important thing is getting money into Survivors' hands" you should be wary of a lowball offer.  For the Trust the same dynamic is at play.  How long and how much money should it spend chasing X dollars?  Regardless, bringing non-settling insurers AND Charter Organizations to settlement will be the ongoing business of the trust and will result in a series of payments to valid claims.  BUT....and teh BIG ASTERISK...."Your award may not result in you receiving that actual amount of money."  Survivors need to be cautioned that at some point they'll learn what their award is "valued" but the actual amount received will be a function of the total amount of money the Trust can generate....minus expenses.  So yes....could be multiple disbursements over a lengthy timeline.  I cringe thinking of the impact on some Survivors, and myself included, when a check for $37.86 hits my mailbox.  Insult, meet injury.

1 hour ago, Eagle1993 said:

Very good point.  I don't think the Guam claimants can disrupt this much.  However, if Century pulls out then the plan is dead.  Tanc made an ominous appearance just before the zoom call ended.  There is one piece that is being discussed that Tanc indicated was critical to not change materially.  The judge went back and forth with Tanc and she said as long as it is consistent with the plan she is fine.... and Tanc seemed to agree.  However, it was a bit disconcerting.  

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 about leverage and nothing increases leverage more than the 11th hour. 

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 will cost the BSA more.  It's headed to District Court review with appeals teed up by insurers and Guam.  In the mean time, let's see if Century decides any sort of resolution isn't acceptable and pulls or lowers its offer because it will have continued exposure with Guam.  Then what dominoes fall?  Then who says "No DICE, NOT the deal we agreed to"  The 800-pound Gorilla is still sitting by patiently waiting to be addressed.  It wasn't today.  Should be an interesting weekend for the BSA's attorneys as they scramble to make this work.

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. 

13 hours ago, Muttsy said:

You do understand what it means for the TCC and it’s counsel to have a fiduciary duty to 84,000 claimants, correct? And you are aware of how it cut a deal with BSA in exchange for inclusion in the exculpation section of the Plan? No financial interest? Hardly. 

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 fees to address it and another million to the Trust and to aid youth protection; and remember that this is in addition to the 10% the firm is contributing to the Trust.  That's something the BSA's own attorneys ARE NOT doing.  Did PSZJ work to be included with other professionals to be a part of the exculpation?  Of course.  Did the nine on the TCC let this happen because of some sort of "financial interest?"  That's an unfair accusation and if it were the case PSZJ wouldn't have paid the fine it did.  I hate defending the people who have made money off of this bankruptcy when my "award" still seems like a pipe dream.  I get the frustration out there.  But so too will I defend the Survivors who have spent 2+ years trying to help. 

20 hours ago, Muttsy said:

So where is the late great his highness Doug Kennedy or the TCC? Hunkering down in their usual bunkers?

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.  I'd expect more to be said after the 9/1 Confirmation hearing and Judge's published decision.  Then, when there's something concrete, and her opinion was NOT, I'd expect them to be in a position to say "Okay, here's what happens next."  Until then, this grinds on and I'd guess a lot of sausage is being made behind the scenes leading up to the confirmation hearing.