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Everything posted by Muttsy

  1. Are you saying a TCC member was disqualified from voting because he had a conflict of interest. Was that disclosed to the UST or to the survivor body?
  2. So...the answer is yes, people like Dr. Kennedy can be awarded some or all of the 2 million dollar "fine"? BTW__ Dr. Kennedy answered clearly. The vote on the TCC was NOT unanimous. Your answer above is Orwellian.
  3. I wish someone would have asked Dr. Kennedy about this Plan paragraph. Who else could this apply to except TCC members? Smells very fishy. Section 4.1(c) (c) Among the Trust Assets are funds contributed from Pachulski Stang Ziehl & Jones LLP (the “PSZJ Contribution”). The Trustee shall have discretion to use such part of the PSZJ Contribution as the Trustee may determine to distribute to holders of Abuse Claims in recognition of their positive contributions made prior to, during or after the Chapter 11 Cases benefiting survivors of childhood sexual abuse and preventing ab
  4. It was not unanimous. One or more members either voted to reject or abstained from supporting. Significant. Even the committee members could not agree. That’s not “overwhelming” support.
  5. That AND the possibility of freezing of pensions. Wouldn’t these revelations from yesterday foment rebellion about this plan? Can the Ad Hoc of LC’s hold it together?
  6. She is awful. It was a 20 minute cross x that she's dragging out to four hours or longer. She is rigid in her thinking and demonstrates little understanding of how sexual abuse cases are actually handled in the tort system. She spent 90 mind-deadening minutes to make the point that the claim review process is not the tort system.. Yes you are right Ms. McNally. Does your client prefer to face 84,000 claims in the tort system? If the claims review process is gong to adopt all of the procedures found in the tort system, then this Plan cannot be confirmed.
  7. Thank you. I hope that puts to rest the absolutist non-sense spouted for years on this forum about statute of limitations. Fraudulent concealment tolling is most likely viable in almost every state. It is thermonuclear for the defense which is why he testified that BSA settled cases it believed ought to be barred because it could not take the chance. In Hacker case in Illinois, that blast resulted in an 89M dollar hit. This alone demonstrates the appalling inadequacy of the settlements in this Plan. Anybody want a re-vote now that you understand?
  8. Intermediate appellate panel. 2-1. Appeal to NC Supreme Court. Only instance I can think of where an appellate court ruled that a revival statute violated the state constitution. SCOTUS has ruled in other contexts that civil statutes of limitations are matters of "legislative grace" i.e. what the legislature giveth it can take away. No federal constitutional right in a statute of limitation defense.
  9. An early tell could be her rulings on Objectors evidentiary objections to Whitman and Griggs testimony in their recently filed declarations.
  10. What if the plan fails to get confirmed? Or it is a toggle only? I think the chance of it getting confirmed with the releases is under 25%. Even BSA says a BSA only cram down is not realistically viable. so….what does the day after plan denial look like and how will you feel about that result?
  11. "The Independent Review Option is illusory." --From the United States Trustee's Supplemental Objection to Plan. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/08a0295e-d9b5-49d8-9d9e-714eeea939db_9015.pdf
  12. In Millenium, LSS held that non-consensual third party releases do not violate Due Process. Sackler judge ruled on the absence of authority in the bankruptcy code. This case is a long death march to nowhere. If she confirms it, it just prolongs the agony. If she denies confirmation, that is not appealable and the parties go back to the drawing board., BSA converts to toggle plan, Ch. 7 or a new plan. I dunno.
  13. This is incorrect. Third part releases are permissible in consensual plans. The Justice Department objection is its application in non-consensual plans. 73.5% accept is not consensual.
  14. From TCC Expert McNally, Claro Consulting. Tier Nature of Abuse Claro Mid Base Claim Value Number of Valued BSA Sexual Abuse Claims Total Estimated Damages 1 Penetration $2,641,865 14,936 $39,458,891,957 2 Oral Sex $1,981,399 12,225 $24,222,597,458 3 Masturbation / Groping $1,320,932 17,868 $23,602,419,707 4 Touching-Unclothed $660,466 $653,861,526 990 5 Touching-Clothed / Photography $330,233 $296,219,085 897 6 No Touching $15,411 - $0 Total $1,880,680 $88,233,989,733 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/8c09210b-7313-4e19-9236-e81
  15. BSA Spread sheet.pdf Hiring an adjudicator and Trustee 10% of the 2.7 =270M? What for? The amounts are too minimal to waste any more money. This is just terrible.
  16. No objections filed by them. 9:52 pm eastern. Handwriting on the wall.
  17. Fair enough TN but I DO think this discussion belongs here because I'm not asking about YP generally. I'm asking about what is needed to be put in this Plan in black letter language that would actually make a meaningful difference. We are way past "trust us."
  18. There is a LOT of talk on this forum about YP. I’d like the most cynical yet knowledgeable on this forum to outline in summary measures that could make scouting meaningfully safe? Isn’t it inherently risky given it’s demonstrated flaws? What should the reforms include?
  19. This transcript should be available publicly if the TCC kindly post it. LSS was not entirely clear on this point or maybe she was. My interpretation of her remark was that her decision in Millenium Labs was based on the question of whether third-party releases could ever comport with the Due Process Clause. Her answer was yes but only in very rare circumstances. She set forth a multipart test, including but not limited to “overwhelming” creditor support. One issue now, that should not be an issue at all, is whether 73.5% is “overwhelming.” The Purdue Sackler opinion by Judge McMahon last
  20. Moderator, why do you allow this BSA troll self-named skeptic to continue here. He should be banished. He exists here only to suppress open honest expression. You are allowing him to destroy this forum. Last post from me if he remains.
  21. A hundred million dollar march. If it leads to bankruptcy reform then maybe. It usually takes a 911 type of event to get Congress' attention.
  22. Yes she could. Moreover she should. The Coalition has tainted the entire process, is not a good-faith actor and its odious continuing presence on this stage dooms any chance of a consensual resolution.
  23. Court hearing Tuesday sign up for zoom call. Click on blue link: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/9a06c7bb-242f-488e-ad98-e5062b1db6d9_8300.pdf
  24. Yes, it’s called “wishful thinking.” If anything, the vote accept percentage drops further. The 3500 quickpay elections drop it down to 70%. As AC/DC put it: “Its a long way to the top if you want to rock and roll.”
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