Eagle1970

Indeed, that is detailed in the TDP, which I have read several times. What I meant to relate is that we don't know much about how the scaling factors will be applied and how much abuse will fit into each category. There are wide ranges for each of the aggravating factors, as well as the SOL factors and we don't know what that will all look like in the final distribution. Granted, we know how many claims are in each SOL range, but we don't know, for instance, if a Grey 3 claimant will receive .10 or .25 factors within the scale. Again, the possible factor for my abuse could be anywhere from 1.0 to 2.0 and theoretically could be even lower or higher. I would have been more comfortable with this if there were no ranges for the individual factors, especially pro se. It begs the question as to whether an attorney might be able to obtain higher factors, with their ability to cite case law on SOL tolling and such. How these factors are applied could be a huge factor in any individual case or the settlement as a whole.

So many variables. 60k sounds reasonable. And give or take 10k, you can probably take it to the bank. But how many take the $3500? If the additional verification process and questionnaire are detailed, I would guess that many will. If 20,000 take it, that only takes $70m from the trust, with minimal administrative costs. However, most are represented, and I can't see a lot of law firms going for the $3500. We also know very little about the scaling factors, other than SOL. With my own abuse claim, I can make a case for 1.0 to 2.0. I will take a wild guess and say it is funded at about 20%. Maybe future insurance settlements will prove that to be too low.

I'm sure it's not the case here, but legal cases have never moved very fast in the Summer, for me. Thanks for the update. As with a few others here, I am pro se, so have nobody to call.

Thanks. I know there are a lot of variables. I was thinking 10% or so. Not really sure why they used such high base amounts, given that probability. Meanwhile, Nassar's victims want another few million more each, from taxpayers.

I have read the TDP and have a pretty good understanding of how it works, if this is approved. What I have little handle on is what the payouts might be. I understand $3500 and done is one option, and I understand the Independent Review Option. The balance are subject to the Matrix, which has Aggravating and Mitigating Factors. If this were fully funded, and claimants received what the Matrix called for, there would still be decent settlements. But the part I cannot grasp is the extent to which claims will be funded. Obviously, this is an unknown that will be based on the number of claims and the final claims factor, and will be applied to the money currently received in the Trust and that to be received in the future. So, with all that said, for the sake of example, if a claimant's abuse was in the top tier ($600,000) and for simplicity has a 1.0 scaling factor then fully-funded he would receive $600,000. It would appear the Trust will be tremendously underfunded. But, to what extent. Will the referenced $600,000 turn into $60,000, $30,000. Thoughts anyone?

Look at my post above with the link. I posted the article with attribution to Kosnoff, from NPR. Click the link, view the article.

Boy Scouts sell off camps under strain from sex abuse suits : NPR Boy Scouts sell off camps under strain from sex abuse suits : NPR

This particular article did not attribute the valuation to Kosnoff. I read a couple of others that did.

Just wondering about this. I have seen several articles lately about LC owned camps being worth $10 Billion, apparently according to Kosnoff. My obvious question is why the LC contribution is so much lower than that. https://www.stltoday.com/news/national/bankrupt-boy-scouts-may-have-10-billion-in-land-and-developers-want-it/article_bfd254e3-6517-5695-b12f-db2fe5b79029.html

It has not helped me. And the more this case has reopened the memory, the worse it has become. I'm in a SOL state, can't prosecute my monster or sue anybody. There might be finality when the case is over. Knowing there is nothing more I can do, there is no other path. Knowing my abuser will face no penalty leaves me somber.

So am I correct in my understanding that since my abuse was pre-1976 (Catholic Church Sponsor) and they will not be released, that I will receive a mitigating factor in the calculations? Even though under State law they are protected by SOL....

All of this seems like it is taking forever. But, in reality, even simple cases can take substantial time in court. And this is no simple case.

Yep, I really didn't need the audio at all. It was over the top. But the video was so on target, I thought for a moment it was my camp.

Just found the trailer and viewed it. I didn't need any audio to take me back to that summer. The camp, the lake... it was just like that for me. It is clear that while I probably need to watch this and other programming to continue to work through my abuse, I will die with the bad memories. And, no, there are no good memories. Now I look at every event with question.

Insurance companies, believe it or not, are only interested in money. If I were underwriting BSA exposure, at least based on history and the current situation, there would be no way I'd sign off on the risk without a huge premium. And the same goes for the Catholic church. Granted, neither is able to cover up abuse as they could in the past, but the potential is still there and is going to be there. I really don't know how you would even price the exposure. One claim could cost millions.

Thanks for all of your detailed posts. In a sense, an enterprise should not leave bankruptcy with much more than zero. Do you have an idea of the total non-liquid asset value they will retain?

While I haven't bought into insurer's arguments and have no interest in debating the topic, there is typically a percentage of fraudulent claims in mass tort cases. It would be highly unlikely this is an exception, with the around-the-clock tv and fb ads telling the world there is a ton of money awaiting.

I believe the proof of claim process was flawed. Had it required personal completion and real signatures with much more detail, many weak or even fraudulent claims would have never been filed. Now they have to do what they can on the back end, after law firms have substantial money invested. Regarding the need for bankruptcy, I see it as BSA didn't have much choice. A couple dozen crazy high jury awards and they would be back in the same box-especially if the look back windows and sol revisions held up.

Independent Review Option

There must be middle ground that washes out claims lacking credibility without further traumatizing valid claimants. If the payout was 7 figures, I would fully expect serious testing. If, however, a Grey state victim is headed for 4 or low 5 figures, they can't really expect much. And as we know, $3500 will require nothing.

I never saw a policy that stated the insured could do everything he wanted to worsen the claim. Mostly, they require full cooperation of the insured. And not necessarily for a lower rate, as was previously mentioned. So, yep, it is standard procedure.

It is unfortunate that, while valid and necessary to go through all of these motions, they may lead to a substantial delay in payments to victims. My entire career was insurance related, and every day of delay is more profit. Many of us are already in our late 60's or 70's and may not live long enough to see this process to conclusion.

The upcoming questionnaire will require much more detail. I wonder how many proofs were submitted on behalf of claimants that just didn't bother to interview them versus those who simply don't remember anything.

That was a bad roll of the dice. Not one I would have chanced.

I'm referring only to the Mitigating Scaling Factors based on SOL. (p 189). As you know, I'm not a legal scholar. Nor am I represented by one. But I do wonder how these factors can be imposed when windows are being challenged. Mitigating Scaling Factor Ranges for Statutes of Limitation or Repose by State Legend Tier Scaling Factor Open 1.0 Gray 1 .50-.70 Gray 2 .30-.45 Gray 3 .10-.25 Closed .01-.10