Muttsy

I don’t think the bankruptcy code except liquidation should be allowed in sexual abuse cases at all. These were not mistakes of business judgment. This was a criminal conspiracy lasting a century.

Fair points brother. It’s premature. I speak from personal sad experience where I wasn’t up to it and I let people down that I cared for. It’s important that a man know his limitations.

ThenNow, I love you like a brother. I’m so tickled by your brand of reality and humor. But here’s the deal. This bankruptcy is not normal. It’s not about bond holders, corporate vendors, banks and the creditors of the commercial world. Yet this is the bankruptcy code template superimposed on the TCC members. No disrespect but how does sexual victimization qualify a person for this job? Earnestness is not a qualification. These poor men have been manipulated to believe they are equivalent to creditor committee members in commercial bankruptcies. This requires a level of competence that cannot b

This is very true. The CO’s were the “boots on the ground.” In specific instances the CO had primary responsibility because it selected the leader, it had physical “custody” of the troop and it put the perpetrator in to contact with the victim in circumstances where it failed to exercise “reasonable care.” The problem is that the CO was not timely warned of the nature and scope of the problem by National. The files were a closely guarded secret at National. The files were a gold mine of criminological data that BSA could and should have used to train and educate scouts and CO’s.

No he won’t. Can’t you see he opposes this “deal” and would never sign that RSA? He probably agreed with everything Schiovoni said. He wants to expose the Coalition hedge funds and their fronts that he believes hijacked the case. He’s probably licking his chops to tell the insurance companies that part of the story. He formed the Coalition and quit six weeks later. Why did he quit it and take himself out of the mediation? What did he see that turned him against the Coalition. Now we are beginning to see.

They could have limited their media campaign to select states with windows or discovery statutes. They did not do that. The TCC could have pushed back. It didn't because Stang is part of or wanted desperately to be part of the "cool kids club" aka Sidley and Austin, Case and White etc. The "A" List law firms in the bankruptcy sewer, er world.

That is correct but not only because they encouraged you to file a claim. They did it because they intended to bar your claim forever and pay you nothing. They did not want the chance that your abuse state could pass a window or a discovery statute. Just since Feb 20, 2020 the bankruptcy petition filing date, several more states either passed victim friendly laws or extended their existing laws. AR, LA, AZ, NY, ME Talk about fraudulent concealment.

Yes I do. It’s called state court and the guys and gals with pitch forks are called trial lawyers and yes it’s hot because the HVAC in those decrepit courthouses are always bad. Lowest government contract bidder thing…you know how it works. The people sweating however are the insurance carriers. One bad verdict in a place like LA County or Philly. 9000 more cases coming up behind. That’s when the DDD xxxx stuff stops quick.

This deal is riddled with so many holes I just don’t see how it can float. I agree that bankruptcy judges are biased in favor of debtors and this one particularly so for BSA. My brother in law is a former judge. He once told me that judges only care about two things. One is not getting the presiding judge mad at you for not moving your cases along. The second is not getting reversed by the appeals court. She could well dismiss the bankruptcy case and tell everyone to go elsewhere.

Yes it does. It substantially ratchets up the carriers’ exposure. I agree with your points about BSA’s ability or the counsels but it forces the carriers to weigh the risk it works. Right now the carriers are zeroing out claimants from what it considers closed states. In litigation or any business negotiation, isn’t always about leverage? Increasing yours and decreasing the other side of the negotiation even if just a little?

Why is there no mention of the DC theory? There is a multiple plaintiff lawsuit pending in federal court in DC. It has been reviewed by legal experts in civil procedure and they say it is very meritorious. It goes like this: It does not matter WHERE the abuse occurred. The negligent acts were committed by National Leadership over decades in meetings and decisions that took place in DC. Where the consequences of that negligence occurred are not relevant for jurisdictional purposes. BSA is incorporated under the laws of the District. The federal charter is legally meaningl

What state were you in when you were abused. Were you abused in any other states? Perhaps out of state travel to a camp or HA facility. The SOL issue is NOT cut and dried. You need qualified counsel.

I forgive you Johnsch322. Now that you are forgiven, what is your address? And what was that thing that smelled so bad you left in the trunk. Happy 4th everyone. It feels good to get silly, if only for a day. Sincerely, The Mutts

I once bought a 15 year old BMW from a used car salesman. It kinda went like this. He talked good. The transmission fell out a week later.

Thanks for that but, again, that makes no sense to me. I can’t imagine a “judgment” obtained in a totally collusive way would ever have legitimacy. Would the carrier have the right to defend BSA (the trustee) from the lawsuit? Would it select counsel for the defense? Who is the named defendant? BSA who every juror would probably know went through and got a discharge in bankruptcy? The idea of a judgment means it is the result of a fair process, not some kangaroo court. I don’t buy things I don’t understand.

So the Settlement Trustee standing in the shoes of the BSA/LC insured sues himself. Sorta like when that Woody Allen character who cross examines himself in that Take the Money and Run movie? Could someone please explain to this poor mentally challenged soul how this is supposed to work?

Lawsuits against whom? If this plan is confirmed, BSA and LC’s will be released and can’t be sued.

Kosnoff is saying the insurance piece is also dead. He’s making sense. At the last hearing the judge saw the insurance carriers strongly object to the idea that she could approve trust distribution procedures that would be binding on the insurance companies. She made comments suggesting that she agreed. The insurers’ reaction is understandable. An insured defendant can’t damage someone and then agree with that person to a claim resolution program that is binding on that person’s insurance company unless the insurance company agrees to be bound by the award. Apparently no cour

I don’t know about this fella. His CV and educational background are a tad light on substance. Or not. He’s very close to BSA’s lawyers. He’s done a LOT of mediations for Sidley and Austin which are Lauria and Andolina’s prior firm. Green was rejected by the TCC as a mediation team member for that reason and others. He is said to have a god complex. Lawyers who had dealings with him were not complimentary. A vocal lawyer on the Coalition advocated hard for him a year ago.

No real protection in place for Scouts? You must not understand how current YP works. Is it perfect? Obviously not. Is it improving all of the time? Yes, more rules, more strictly enforced. I know that BSA has been doing “Youth Protection since at least 1986 when it launched the Three R’s program created by Dr Finkelhor. I know that 20% of the claims in this case occurred after 1986. Please edify me about any peer reviewed data driven studies published demonstrating the efficacy of that nifty acronym YP you reference. Don’t cite Dr Warren. She wasnt allowed to

Personally, I don’t care one whit what happens to BSA. Under the soon to be fourth rendition of its plan, there is no money for survivors. It all gets gobbled up anyway, so why take bupkis for the privilege of putting the organization back in business with no real protections in place for kids? The AG investigations will finish BSA off eventually. KOSNOFF got it right last year when he said BSA should do an orderly Ch 7 conversion with appointment of a Ch 7 trustee who will pursue the insurance and liquidate assets. At least that would stop the massive financial bleed. Fair market v

There is literally hundreds of billions of dollars in insurance. Chubb alone showed 175B in assets on its 2020 Annual financial statement. if you want real justice, you HAVE to make the carriers bleed. Trust me, there are multitudes of hungry trial lawyers who will press it if the client wants to fight on. And not years and years. That is is TCC and Coalition propaganda they spout because they aren’t sex abuse lawyers or even litigators. It’s like asking the dentist if you should get a heart transplant.

Bankruptcy judges don’t decide tort law issues especially and including SOL. A claimant has a right under the code to liquidate his claim in state or federal court. She has no power to take that away.

It is immoral and unjust to ever treat similarly abused and affected survivors differently based on the accident of geographic location of the abuse or the capriciousness of state legislatures. Compensation should reflect material aspects of what was inflicted and it’s short, intermediate and long term effects on the boy/man. Two other points. While this mess is a real stinker, it doesn’t mean checkmate against survivors. Two important legal concepts to ponder: 1: insurance companies have a nearly absolute “duty to defend” even if they assert a “reservation of rights” to mai

The body language of the TCC people last night was unmistakable. The mediation has fully finally failed. Tonight you will hear that admission. The “New” plan is the same as the old plan. Still full of gaping holes that can’t be filled. It won’t survive confirmation. If it does, it won’t get anywhere close to 2/3rds. Failure. Take it or leave it, is what the legal brain trust is going to tell you. Even the US Trustee will argue it is illegal to grant 3rd party releases and cannot be confirmed. There is no real money to distribute after deduction of future claims reserves and