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Everything posted by SiouxRanger

  1. I am just going to say that given the infinite number of variables in making such an evaluation, the reading of tea leaves must play some part. As an example: "We rate State A as having an 8% probability of reopening its statute of limitations." How is that 8% determined? There are time considerations in getting the job done. If 2 or 4 years, then will the political makeup of the legislature change yay or nay? A new Governor who is more or less likely to sign the bill? And if vetoed, will the then (in the future political makeup of the legislature) be able to override a veto
  2. Excellent question. I was late to the game here and know little of the "grey scale" concept as discussed in this forum. My understanding, and I could be entirely incorrect, is that the gray scale originated from National in an early Plan. IF, and only IF that is the case, the question becomes, why would National include clearly time-barred claimants as a class of creditors to receive some payment? And the only answer I can come up with is that National wanted to appear that it was trying to "equitably compensate" abuse survivors. My second best idea (at least to me), is that th
  3. CynicalScouter is absolutely correct. Heavens, for all that folks hate that legal process is interminable-we are going to kill off the only thing that puts an end to it: statues of limitation? Can't win, can't break even, can't get out of the game.
  4. I would have to see this to believe it-all of the facts and circumstances, applicable statutes, contracts, etc.. My favorite is the divorce client who claims his buddy at the shop "got to keep his house." Insinuating that the guy always gets to keep the house, or that the buddy's lawyer was really good. Well, generally, it turns out the buddy gave up his pension plan benefits in an equal value exchange, or some other asset the buddy is not bothering to mention. "Always got to look like a winner." Statutes of limitation are pretty much made of granite.
  5. Document discovery (letters, memos, reports, contracts, etc.) and discovery of tangible things (a failed valve, for example) is generally done first. THEN, depositions follow, and the witnesses are questioned about those documents and failed valves, so you can learn what they will say in court about those documents and failed valves. If the depositions were done first, there would be little to question the witness about.
  6. One of the significant differences between disclosure and discovery, is that the disclosure is "crafted" by the debtor to show what the debtor wants to reveal-and in whatever light the debtor believes will present a favorable view of the disclosure and elicit votes approving it. Something akin to lawyers taking over the marketing and sales departments. Discovery, on the other hand, allows a party to a lawsuit to request documents, computer data, nearly anything even remotely connected to the litigation, so that the requesting party can examine it, and draw their own conclusions regardin
  7. I think that is still the case with my unit. I've been the Troop treasurer for 10 or 15 years now, imposing an actual accounting and record-keeping system that took our Troop from bouncing 2 checks a month to about $4,000 in the bank-all due to collecting camping fees, donations, and fundraising revenues. I am not sure what EIN is on our account. (I try to keep my scouting volunteer hours to something less than my day job hours.) I believe it was ThenNow who mentioned that he was famous. I think Warhol was mistaken. We won't have 15 minutes of fame, but 15 minutes of incarcerati
  8. Just an aside (which I may have mentioned before but just to demonstrate the depth of ignorance). My unit does not have an EIN. Some years ago, in an effort to avoid paying sales tax of about 10%, I asked the CO for its EIN-a Catholic Parish. I went around and around over many days' of phone calls with a senior layperson in the Parish. (Not the Parish Priest who has official authority-I guess it was not important enough to be brought to his attention???). "What do you want the EIN for?" "Uh...food, equipment..." "Well, we wouldn't want the troop to use it for food, c
  9. "Purchasing companies" generally involves two legally recognized entities engaging in either an asset purchase, or a stock purchase, pursuant to written a written contract wherein the retention or assumption of existing liabilities is provided for. Consideration is paid or not, depending on the amount of liquidated liabilities, or the risk of known unliquidated liabilities and unknown liabilities. Even where a company assumes the liabilities of a selling company, that assumption does not relieve the selling company of its liability to the person or entity to whom it was-and remains-liabl
  10. I am with you on this. National postures the unit as part of the CO through the rechartering agreement, though in practice, may CO's do not fulfill their role. And yet, unlike the choir teacher, or even members of the choir, NATIONAL has its "Standards Of Membership And Leadership" by which NATIONAL can expel a member of the unit theoretically under the control of the CO. So, National delegates responsibility to the CO, yet retains authority to to meddle in the unit's internal operations. And to terminate a unit's charter. I doubt many or any church choirs are subject to such third-
  11. This is precisely the correct observation. Years ago, I reviewed many of the governance documents pertaining to National, Districts, and units. They are a study in vagueness, ambiguity, and unworkable incompleteness-not a comprehensive governing plan. I was unimpressed. So, units, 100% in my experience, have no formal, legal. structure. They are "unincorporated associations." My state has laws pertaining to the formation, operation, governance of business corporations, not-for-profit corporations, professional corporations, banking corporations, general partnerships,
  12. There is NO WAY anyone will persuade me that the title "Just Ku Kluxin Around" is anything but shining a jovial, light-hearted touch on racism. I have represented clients who spoke of their family documents pertaining to their family's ancestor's enslavement. Or tracing their family tree back to when their ancestors who were slaves and no records exist, to their knowledge. A sobering moment in the course of an office conference. Well, for a naive white boy like me, though slavery was a part of their family history. Get an education and a copy of "Treblenka" by Steiner. Learn
  13. ad ho·mi·nem /ˌad ˈhämənəm/ adjective (of an argument or reaction) directed against a person rather than the position they are maintaining. "vicious ad hominem attacks" adverb 1. in a way that is directed against a person rather than the position they are maintaining. "these points come from some of our best information sources, who realize they'll be attacked ad hominem" 2. in a way that relates to or is associated with a particular person. "the office was created ad hominem for Fenton" So, I don't think the "ad homin
  14. This might bog you down for a bit. Exodus 34:6-7a 6 Then the Lord passed by in front of him and proclaimed, “The Lord, the Lord God, compassionate and gracious, slow to anger, and abounding in lovingkindness and truth; 7 who keeps lovingkindness for thousands, who forgives iniquity, transgression and sin; yet He will by no means leave the guilty unpunished, visiting the iniquity of fathers on the children and on the grandchildren to the third and fourth generations.” Pox: "small" or "cow?" Are you "Forrest" of "Nathan Bedford Forrest" fame?
  15. Try selling that slop to the family of Emmett Till. That there is even a thread named, "Just Ku Kluxin' Around" is extremely offensive and totally unacceptable. Period. That slaughter is practiced elsewhere, does not make slaughter here acceptable.
  16. Yep. Or, let everyone over the age of 3 in Uruguay vote also. They have as much legal interest in the outcome of the vote as claimants with expired, legally unenforceable claims. And, I also want to vote on your next pay raise, as long as I get 10% of the raise I vote for. I agree with acema606.
  17. “The moving finger writes; and, having writ, moves on: nor all thy piety nor wit shall lure it back to cancel half a line, nor all thy tears wash out a word of it. -- Omar Khayyam. And to whomever has the poster name of "Just Ku Kluxin Around" you have a beyond offensive poster name. The Ku Klux Klan lynched innocents, yet your name makes it sound like the Klan is a light-hearted, jovial, carefree organization-except they are ruthless killers. And they made themselves feel empowered by taking on the defenseless. A pox on your house.
  18. This one puzzling aspect of the bankruptcy: time barred claims being given any consideration whatsoever. I don't believe that the bankruptcy judge can make time-barred claims viable again. If the SOL has expired, time-barred claims are barred, and that is it, that is, at least as a matter of judicial compulsion. Having no legal interest in the bankruptcy proceeding, they do not have standing, and should have no vote. (Hence, my belief that claims should be vetted for viability prior to any vote.) Insurance companies won't support any payment by them to time-barred claimants.
  19. I have no doubt that you are right on both counts. The "bloated NEB" is likely right in line with BSA's "pay to play" for the distinction of being named to the NEB. In my council, no decisions of any consequence are ever presented to the Council Executive Board-at least in my day on theExecutive Board. And decades later, a senior professional with true talent asked me to go on the Executive Board to counteract the large number of Executive Board members who had no idea what was going on and lend direction and power to the Executive Board. I declined having 4 years of Executive Boar
  20. So, an LC goes it alone. No suits are filed, so it "wins." Or, It gets hit by lawsuits in state court and after the usual preliminaries, decides to file bankruptcy. Its territory gets absorbed by another council, and Scouting continues. If the camp(s) and office lost are camp(s) and offices that should/could/ought be lost anyway-not much of a downside. The SE retires or is moved to replace a retiring SE, the DE's remain to serve the council's former territory...
  21. I agree 100%. I've been mulling your "Bankruptcy will not end Scouting" tag for a long time. Existing (and prior) management, they may well kill Scouting-unless they go. The corporate culture that got Scouting to this point has to change-and that is only accomplished by a clean sweep. Will the shamed senior management remain in place to shout down junior level management's "we-told-you-so's?" National's management has been a catastrophic moral failure. That alone is reason enough for the clean sweep. Never mind the disastrous financial consequences, and the gutting of rel
  22. In 1946, Dr. Louis Slotin, while demonstrating how to assemble two spheres of fissionable material, which together were enough for critical mass, slipped. He was using screwdrivers on a lab bench to keep the two spheres apart and thereby prevent a sustained nuclear reaction. When he slipped, the spheres connected, and he received a lethal dose.. It is called "tickling the dragon's tail." Mr. K might read "The Strange Death of Louis Slotin." Judges have very long memories.
  23. I took Wood Badge a few years back. I did't get much guidance on designing my ticket. Staff was leaving it all rather vague-I think as a way to encourage participants to be creative and devise a ticket that wasn't influenced by WB staff (they did suggest refinements to my ticket items). It wasn't until into the second weekend that an off hand comment from a staff member finally showed me the reason they encouraged more than 5 ticket items though only 5 had to be completed to fulfill one's ticket. What if you only had 5 ticket items and for reasons beyond your control, it could not or e
  24. Things happen in the legal realm either by agreement or by compulsion. One leverages an agreement out of the opposition by presenting a strong case of compulsion. Only National has filed bankruptcy, so when it filed bankruptcy, it was the only "party" to the proceeding and thereby subject to the compulsion of the court. Creditors (holders of business type, claims of a known amount), and Abuse Claimants (holders of claims of unknown amount) who receive notice can agree to become a party by filing a claim or can decide not to file a claim. Either way, they will be bound by the orders
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