Eagle1970
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Posts posted by Eagle1970
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I have received a determination. The claim was allowed. But the amount allowed was under 5% of the maximum for the bracket and just over 10% of the minimum. This is all due to legal technicalities of the state where I was abused. I probably will appeal but can see where it's headed. And I'm sure it will be years if I ever actually receive even that amount. Not surprised. If they only pay 10% of that amount based upon recovery, this will not even begin to have been worth it. Just wanted to update others that determinations have begun.
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Welcome Bzzy. You may have just joined, but you have covered enough in this post to have been here all along. Yes, so much of this is patently unfair. I did some significant research and found that the Matrix is clearly inequitable. In the state of my abuse, CSA cases are being allowed far past the SoL but are treated in the Matrix as discounted by 75-90%. Tolling of the long expired SoL's on the basis of concealment and fraud are moving right along in civil court, yet the drafters of the Trust slapped arbitrary limits by state. This has indeed pitted scout against scout and has left me with likely minimal compensation, while a scout in another state may receive far more for far lesser abuse. The harvesting of claims remains a huge concern and if they are not deeply investigated, that alone will result in substantial inequity. Your points regarding the aggregate dollars from insurance companies are also valid. But nothing in this Trust is worse than the outcome of a scout in one state receiving a theoretical $1 Million who suffered lesser abuse than a boy in another state who may receive a few thousand after greater abuse. And if claims proceed with little or no proof, that will make a mockery of the whole process. To me, the settlement is a mess.
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On 2/20/2024 at 6:15 PM, Ojoman said:
There is no program that serves kids that does not have the potential to attract predators.
I opted for (what was then called) Indian Guides through the YMCA for my boys. There was not a moment at an event or meeting where we fathers were not there with our boys. As I recall, parental attendance was required for the child to participate in an activity. It was more family oriented and inclusive of the fathers (and mothers for Indian Princesses). I never observed anything that was out of line, because the fathers would have quickly taken care of any questionable situation. We did tons of activities with our boys but we did NOT do camping. And camping was not only the situation of my abuse, but sadly shared my many victims. Much of it could have been headed off by BSA, but wasn't. I do not favor ANY child camping activities for this reason.
My opinion has been that BSA should not have continued with the isolated camping trips. And as evidenced by my prior post with the information on the spy cams in the bathrooms just last year at the camp I was abused at 50 years ago, there is plenty of reason for me to have that opinion, still.
Good news that the Stay has been denied. I am hopeful that survivors can get on with the remaining years we may have, without the bankruptcy dragging on.
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25 minutes ago, Timbuktu said:
I’ve been putting on a happy face since I read the news on Friday. Visited two troops last night; one of them had a ~15yo SPL who led the entire meeting from flags to closing; not a peep from the adults.
This stuff is far beyond our control. But the thing that will help us weather the storm is strong units that provide great scouting experiences to as many youth as possible. I just hope my kids and grandkids have that opportunity.
Thanks for visiting us and I'm thrilled that you're happy. In my world, we call this trolling and I'm jumping on the hook. Survivors have been dealt a great injustice, once again. Just last night, our local news headline was the indictment of an adult abuser who, just last year, installed spy cams in the bathrooms of the VERY SAME BSA CAMP where I was molested 50 years ago. There are over a dozen new victims and hundreds who are unaware and worried that they may also have been victimized.
I'm so proud to have refused to allow my children to be exposed to the potential of the abuse I suffered, which is still occurring to this day. I'm so proud to have found alternative adventures to lead them through. And I am so glad that my grandchildren have safer means to socialize and learn, without having to face exposure to what is clearly an ugly and unpredictable part of scouting.
I realize you are young, but be aware you are posting in a group of men who were, in many cases, violently molested during BSA activities and are still being abused by the legal system. I'm sure there is a group for you within the the forum, where such feelings will be welcomed.
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22 hours ago, MYCVAStory said:The third-party releases don't specifically relate to the insurers as I think you mean. Their liability still exists and Survivors would be able to sue the BSA/Insurers as before the bankruptcy. BUT, insurers are skilled at delaying things a VERY long time and there ARE limits to their insurance. There are a great number of "what ifs" at play here but a real possibility if the plan does not move forward are two things: 1.) local councils in States where the SOLs are favorable to Survivors will head toward bankruptcy to receive direct benefit of bankruptcy and 2, failing that there will be a run on courthouses by Survivors to ramp up their pending suits so that they can get a piece of an insurer's coverage before it's exhausted.
In my case, I will not proceed outside of bankruptcy. So this is it, for me. Missouri only occasionally allows the SoL to be tolled by fraud and perhaps that will benefit those who are able to pay or persuade an attorney to try. But it will be an uphill slug with low percentage victories and appeals. Not going to live out the time I have left even trying.
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9 minutes ago, Eagle1993 said:In short... financial disaster for the BSA. Some claimants may see more money but I expect the vast majority would see less and it would drag out. Hopefully it doesn't come to this.
My file was shared with the local council, the "Catholic Insurance" organization, and who knows exactly where else. So, if the bankruptcy goes south, I have shared my most private details with multiple organizations (which also potentially places me at risk for retaliation) and the SoL still applies. I am so P##### off about this turn of events. Not that I was ever going to see much money (due to matrix sol), but I WAS going to have a feeling of some justice being served. Since the early promises, this has done nothing but further damage my life. I had built a big wall around my abuse and I allowed it to be shattered for the sake of the justice I was absolutely assured would occur. I wish I had never put myself through this. Not much of a surprise that in the end, the only ones having a good day are the attorneys on salary and, of course, the insurance companies.
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8 minutes ago, fred8033 said:
Does that include the previous invoiced and paid expenses thru the bankruptcy court proceedings over the last several years that is probably outside the 2.4 billion settlement? Other administrative costs of the settlement administrators?
1 billion of 2.4 billion is about 42%. I'm betting if everything is factored in, it is really significantly higher.
I have not looked at the financials of the trust, lately. Has the trust even received $1B? I understood much of the $2.4B did not need to be paid while litigation was pending. Wouldn't be ironic if those who filed the motion to discard the $3500 election and lost the ruling actually end up with MORE $$? Not an impossible outcome, with the ongoing litigation AND the possibility of a huge advance of up to 1.5% or $1000.
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While I feel bad for anyone in this position, if they were filling out their own forms, without assistance, then they likely didn't have lawyers or didn't seek their advice. But, yes, if an attorney filled it out and checked the box, that would not be good on them. -
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13 hours ago, MYCVAStory said:
In case any Survivors haven't heard....from the Trust:
The Trust has now established a deadline for submission of Trust (“Matrix”) Claims Questionnaires. You must submit your Trust (“Matrix”) Claims Questionnaire and supporting documentation to the Trust by May 31, 2024. If you can submit these documents sooner, please do so as claims are reviewed on a first-in-first-out (“FIFO”) basis.
Failure to submit a completed and signed Claims Questionnaire by this date will result in the denial of the Claim.
Clearly, the trust has to have claims submitted before knowing the aggregate exposure and therefore the individual settlements. So, this is a step forward.
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2 minutes ago, MYCVAStory said:
Please, have your hopes for the BSA but stop thinking that the vast majority of Survivors are going to "get on with their life."
I first discussed my abuse with close family when I was in my late 20's. I told my parents and asked what I should do. My dad's attorney advised on the criminal and civil statutes, and that was that. It did not produce justice nor compensation. More like injustice, knowing that my Boy Scout employed abuser received a blessing from the state.
So far as the bankruptcy goes, I will stone-clad guarantee you that this 3-4 year process (so far) has produced nothing but more heartache and pain-especially given that I was pretty much required to re-live all of the events in order to properly document and convey the information to the trust. Then we have the Matrix. When I filed my claim, I contacted the administrator and was told that because it was a bankruptcy there would be no impact of state statutes of limitation. Sure. The matrix cuts my claim by 80% on jurisdiction alone, so even with all of the aggravating factors, I stand to gain about as much as a survivor in an open state, whose only abuse was being shown some porn. And I am not making light of any abuse. Just making a point.
There is nothing, again, nothing in this settlement that will fix anything. And, yes, I believe BSA should have paid with termination of its charter, because that is the only way in my mind this cannot happen to anyone again. Ever. And if I let it eat at me, I now have not only my abuser to despise, but the BSA, the state of Missouri (which ALMOST opened a window, except for the insurance lobby, church and Chamber of Commerce) and now the inequity in the trust, the slow legal system, the insurance companies, the court system. So, no, there's no getting on with my life. I try to see the bright side of things, but I now despise ALL of the aforementioned, and there will be no forgiving. I, long ago, abandoned the Catholic Church. But the effing Chamber of Commerce?
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18 minutes ago, RememberSchiff said:
12/14/2023:
The bankruptcy plan appeal will proceed..."the Third Circuit said, rejecting preliminary arguments from the organization and its settling insurers that transactions underlying the plan can’t be undone."
So it sounds like this will stop the Trust to some extent. In all of the various cases I read about, with appeal after appeal, I'm stuck between Justice Served and Justice Denied. If we have gone through this for nothing, it will clearly be the latter.
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On 12/13/2023 at 1:40 PM, MYCVAStory said:
In a nutshell, where we are right now:
Thanks so much for the detailed response. The trust is pretty quiet about moving forward beyond the $3500 payouts and related issues. I wonder if they are going to start evaluating claims anytime soon and running them through the matrix. Like I said, I completed my entire submission on day one of the opening, so I would think I would know earlier than some. Obviously, those with aggregious medical issues get bumped up. Frankly, I'd rather just wait than be in that group. Though nobody here is getting any younger.
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Back on the Trust Settlement...
How can the Trust distribute anything while this is under appeal? They clearly have been paying out the $3500 to those who agreed to it. But where does it go from there? I see a new website design, but no movement on my claim since I submitted it on day one.
And if anyone can enlighten me on the status of the appeals process, or where I can follow the appeals, I would appreciate that.
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10 hours ago, MYCVAStory said:
An organization is responsible for its volunteers and operations. Period. The law makes this clear. Go watch the Netflix Documentary and pay close attention to its former legal counsel who says essentially "The problem wasn't the BSA, it was a few bad apples in it." The lack of logic would be funny if it wasn't so sad. Oh, and those few bad apples, one was a EMPLOYED by the BSA and raped me.
My abuse was also perpetrated by a BSA EMPLOYEE. It doesn't lessen anything suffered by a scout abused by another boy. But it DOES directly implicate BSA, with no way to mitigate responsibility. Because of what I personally experienced, I hoped BSA would cease to function. I stopped the cycle with my generation, as I refused to allow my children to participate. The outcome that allows BSA to continue following BK is a big win for supporters of the organization. And any talk of this token settlement for victims being a bad outcome for BSA is extremely insensitive and very uninformed.
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3 minutes ago, Ojoman said:
When this was first surfaceing I read an article that concluded that the BSA had the Gold Standard in youth protection conpared to other youth agencies/activities... I still believe that.
Not in the early 70's when I was abused. I heard that my abuser (BSA Camp Employee) was just a little funny that way. It was laughed off. So you go ahead and preach the Gold Standard, while I will alternate between crying and laughing. But you know what, OJO? I'm not here to debate. I'm here to discuss pertinent information on the settlement. Frankly, admin, I would like to see the forum stick to the topic at hand so the forum itself does not result in additional damage to any victim/survivor. Myself included.
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We can agree that distributing a sizable portion of BSA assets to law firms is a crying shame. Beyond that, the fact that BSA is allowed to survive at all, after its employee molested me and so many others were victimized.... that's the bad deal. But just fyi, this is a forum where survivors are trying to work through grief. So, go troll Elon and give the BSA victims some peace please.
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9 minutes ago, johnsch322 said:
With all of the TCC and Coalition Town Halls explaining everything it seems like it would have been impossible to check that box not knowing the ramifications.
And for the sake of the vast majority of the survivors, I hope the judge is a little more swift in her ruling than she indicates.
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Another delay. Just wondering how you can select a quick-pay option "without understanding its ramifications". The form was very clear, to me. And this will stop the quick-pay resolution in its tracks for an unknown period of time, and that will slow the progress of the entire flow of claims.
PER BLOOMBERG:
Hundreds of claimants seek to correct paperwork error
Judge said she will take time to issue ruling
The Boy Scouts of America’s bankruptcy judge asked sex abuse claimants’ lawyers for a legal standard that would allow some claimants to correct potentially costly mistakes they made on paperwork.
Judge Laurie Selber Silverstein said at a Monday hearing she would need time to determine if claimants who opted for a $3,500 payout from the youth organization’s $2.46 billion abuse victims’ trust can change the selection they made. About 500 claimants, or 0.4% of all claimants, have said they selected the quick-pay option without understanding its ramifications—that they would be unable to pursue larger recoveries.
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I was unable to attend the town hall and realize it will be posted at some point on the settlement page. But, was there anything of substance?
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39 minutes ago, yknot said:
Anyone know what that means? Was that anticipated when the trust was established?
Sure. It means that if your abuse occurred in Ohio, you are in a much better position. My state of Missouri has already made it abundantly clear that there is not going to be any lookback window included in potential legislation. So, good for Ohio claimants. Dilution for everyone else.
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Did I read somewhere that this was First In First Out, as far as questionnaire submission? I represent myself so I can move it along, if that is the case.
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10 hours ago, SNEScouter said:
The settling insurers had to pay the money into escrow, where the funds will be invested until paid over to the Settlement Trust. If the market does well, the survivors will benefit from it.
I was not aware of that. Thanks for the info. The same still applies to non-settling entities.
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Just received the email:
Letter from the Settlement Trustee (Aug. 17, 2023):
Processing Portal Opened for All Claims
My commitment as Trustee is to provide compensation and a measure of justice to the Survivors of childhood sexual abuse that occurred during their time in the Boy Scouts of America (“BSA”). Every member of the Scouting Settlement Trust (“Trust”) team joins me in sharing these goals.To that end, I am pleased to open the claims processing portal to all Claimants, starting today.- 2
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Chapter 11 announced - Part 14 - Plan Effective
in Issues & Politics
Posted
You can "request reconsideration" along with a check for $1000. If they deny "reconsideration", they simply keep the $1000. More abuse.