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Muttsy last won the day on July 5

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About Muttsy

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  1. If Mr K is so low in your opinion, why would he oppose the Coalition/BSA Plan where he would stand to make tens of millions of dollars? He has a substantial contingent fee interest in 17000 clients. Is your devotion to the BSA so extreme that it clouds your perspective of reality? Have you bothered to study his record? If not, you have no integrity to accuse him the way you have, Mr Boy Scout Skeptic
  2. Wasn’t the hearing supposed to start again today at 1 pm eastern?
  3. A little complicated but here goes: assuming the parishes were not separately incorporated COs, the discharge in bk of the diocese discharged and channeled all claims arising before the diocese’s bankruptcy petition date are discharged or fall in to the future claimant category. Abuse occurrences occurring after the effective date of the discharge, could be brought against the diocese. That’s my understanding.
  4. Not so. You identified the 900 pound gorilla in the room. It is the kiss of death for this Plan. All claimants will do what you do, divide the pot by the number of claims and vote the check box that says “Heck, no! These bankruptcy lawyers may all be Ivy League but they don’t know boo about people.
  5. Correction: “Nobody’s life, liberty or property is safe while the legislature is in session.” I know for a fact that people supposedly dead on the statute in bad states are getting 50-100k. The cost and risk to the carrier isn’t worth litigating the issue with the plaintiff.
  6. Those laws are being ignored or circumvented. Look at CO and LA. Years ago in a political science class, my professor remarked that “nobody’s life or liberty is safe while the legislature is in session.” I think a survivor if presentented with hope or 15k, will choose hope.
  7. Agree. The Hartford settlement put the lie to there being billions more from carriers. Century Chubb will never pay more one an exposure basis than Hartford. Maybe a billion but that’s it. The Coalition is only in this for their own personal gain. The claimants aren’t stupid. Get BSA out of the equation and take aim at the others in state court where the balance of leverage shifts. It’s the only way to extract fair value which is on a state by state, council by council, CO by CO basis. 5.0 has no chance. If BSA was smart it would immediately revert to the toggle. Going forw
  8. This pleading reeks of desperation. This is what panic looks like.
  9. To your knowledge has any judge sitting on the DE bankruptcy bench ever refused to confirm a plan over creditors’ objections to non-debtor releases?
  10. Not sure of anything. But hard evidence has been in scant supply in this case about anything and I don’t see that changing. Without evidence our minds are left with intuition which I once heard was “intelligence in a hurry.”
  11. The non-debtor releases are problematic as noted earlier. For it to work under the “best interests of the creditors test” the claimants with claims involving Council XYZ, the claimants would need an XYZ contribution at least as big as he would get in an XYZ Ch 11. Same with COs. The LC contributions don’t follow any logical pattern I can discern. These may need to be broken out claimant/council/assets with 265 or however many pools of claims and those claimants would be paid in part out of their local council asset pool. Not one big global pool because that could never garner enough votes. If
  12. I tend to agree. The aggregator fraud argument is a red-herring. Bad form for insurance companies to attack abuse victims so attack the lawyers instead. There are ways and means to weed out fraudulent claims. There are companies that provide these services in mass tort cases. She won’t be swayed to wade into that morass. A claim may not have been adequately vetted by the lawyers but that doesn’t mean the client’s claim is bogus. Also CR 11 apples to pleadings in courts not to proofs of claim in bankruptcy. Lawyers who file pleadings without doing due diligence are permitted to cure it through
  13. Colorado did an interesting work around to the prohibition against retroactive legislation. They created a whole new civil action that is not tied to the SOL sounding in negligence. It either has no SOL or it has a longer period to file a law suit. I haven’t followed what has happened nor say what a CO appellate court might do, but it’s law and it will likely be used in other states. https://childusa.org/2021sol/
  14. I think the TCC Plan will appeal to the judge who probably doesn’t care which plan gets BSA out of bankruptcy. The TCC plan is less problematic legally because it allows survivors to go back in to the tort system and get actual judgments which would be binding on the carriers. That’s where the true pressure points are. Plan 5.0 is cockamamie, rife with appeal issues and too cheap.
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