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Muttsy

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Everything posted by Muttsy

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. 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
  6. 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.”
  7. My wife is the smartest person I know. And she has no diplomas to prove it. (I shall them certificates of stupidity.) . Regarding the Dr Bates amended expert opinion, she said wouldn’t that require a new vote? The Plan now reduces the base values I.e. the lies the BSA and Coalition pitched it, is now reduced by 75%. Shouldn’t that have been in the Plan and disclosure statement BEFORE the vote, she asks. And here I thought she was merely a fabulous cook and lover.
  8. 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.”
  9. Maybe that would be a good thing to have scouting authority vested in the locals, a federation of local councils under a new banner. ..Scouting USA with strict oversight of its operations regarding child protection by outside, independent monitors.
  10. Perhaps but are they viable without the BSA brand? Isn't the BSA IP critical to the locals? How do you recruit in schools, seek community support find organizations to sponsor troops, fund raise. I'm not seeing how that is a viable strategy from a financial perspective.
  11. My understanding is the LC execs salaries are paid by National. Is that wrong? If true, who pays those salaries when BSA liquidates? Do the locals have the cash flow to pay those salaries and benefits with BSA gone? Under what authority do the local councils have to continue to operate absent the charter from National which will be defunct?
  12. Many of those in this forum have up-close and personal experiences with local executives, local boards, etc. I do not. As an outsider, and I have seen this before with other not-for-profits. To quote Pacino's character from Scent of a Woman, "when the going gets tough, some guys run and other guys stay." My point is this: Are these local execs and volunteer board members with none of their skin in the game, the types that will run or the ones that stay. If these Locals file or even thing about filing Ch.11 these boards will have to sign off the verified Ch 11 Petition. Now they hav
  13. TCC counsel is paid out of the debtor’s assets. In that sense, all the bankruptcy lawyers have a shared perverse incentive to keep the fee carousel going until the well is dry. Then those same lawyers throw what’s left of the carcass to the victims. A Ch 7 stops the carousel. All the bankruptcy professional s are terminated; a liquidation trustee is appointed and becomes the Czar. His job is to go after all the assets, pursue other assets like LC’s assets, charter assets and all the insurance insurance. This was and is inevitable.
  14. BSA only plan was alluded to at the last hearing. Century’s lawyer stated to the court-in response to Pachulski’s suggestion of a BSA only plan that such a plan would not be feasible because BSA, the LCs and charters are too “integrated.” I quickly glanced at Lauria’s, Andolina’s and the Ad Hoc LC lawyer’s faces and I saw nods in agreement. Moreover those Hollywood square faces expressed zero disagreement with Schiovoni’s assertion that BSA is essentially a single organization for operational purposes at least. So unless there is an immediate stipulated substantive consolidation of the LC’s a
  15. I don’t understand why there were so many abstentions. Those ballots that did not check accept or reject. Why would a claimant go to the trouble of casting a ballot if he had no opinion? Do abstentions count? This suggests to me what I feared which is the eBallot caused massive confusion or else it did not function properly.
  16. Why is that a problem? don’t believe in SOL scaling period. If a majority of voting survivors agree, then there won’t be.
  17. The whole scaling thing needs to be tossed in to the garbage can. It was the creation of lawyers that didn’t know boo about the reality of statutes of limitations. There has been massive misunderstanding of it on this forum as well. If MO passes it will influence neighboring states. I hear OK will pass one soon. Add those to two other states I never thought would pass windows AR and LA. The landscape is changing rapidly.
  18. Your problem is you make too much sense. The inmates run this asylum.
  19. The Coalition law firm claim to speak for 60000 claimants. They’ve been using the eBallot. They’ve known the probable outcome for weeks. They didn’t file their master ballots with OMNI until the very last day. They know. It’s bad for them. So now they are looking for a Wag the Dog distraction to avoid having to admit failure. It’s classic. The best war they appear to have been able to manufacture is the Kosnoff/Lucas e-mail. That dog won’t hunt no more.
  20. Did you hear that roaring silence emanating from NY and Philadelphia? It’s what losing sounds like. Hello darkness my old friend, I’ve come to to you again…
  21. Interesting. My take was different. She referenced her own Opinion in Millenium which became the law of the 3rd Circuit when it was affirmed. Do you recall her comment that her decision was based on Constitutional Due Process grounds. Judge McMahon’s Opinion was based on the bankruptcy statute. She deliberately declined to reach the Constitutional question. Silverstein’s remark sounded like she was distinguishing her Opinion from the Purdue opinion, meaning Millenium is not controlling authority in the 3rd Circuit. My sense is that she is going to follow Purdue/Sackler because it is legally co
  22. This is a complete nothing burger. Kosnoff's communications were completely legitimate legal opinions. He had an absolute right to communicate to his clients Friday night after Eisenberg Rothweiler blind-sided him with the eBallot. That firm had a fiduciary duty to Kosnoff to let him see it before they started emailing it out to their joint clients. Saying that a lawyer is making false and misleading statements is not defamatory, particularly when it is true. The only mistake made was a clerical error by not limiting the email to Kosnoff's clients. And the TCC has a right under the bankr
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