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Everything posted by SiouxRanger

  1. "Fraud in the inducement" and "fraud in the execution." It raises the question: "The statutes of limitation were reopened so that abuse claimants would have enforceable claims, but were the statutes of limitation reopened so that the CO's and LC 's, who may have liability on account of National's acts or omissions, can assert their claims against National for indemnification?" Probably no one considered that CO's and LC's would be claimants in their own right. Ooops.
  2. I do hope decisions are coordinated and sooner than later. I don't know what our unit would do if we had to find another location. It only occurred to me the other day how dependent we are on having our meeting room adjoining our storage room. It would be inconvenient to have to go to, or meet at a different location to prepare for a campout, and then go to the meeting location. It would be OK to meet at the storage location the night of the campout to load up, but gear is typically returned over several troop meeting nights, and that gear would have to be ferried to the storage lo
  3. Roughly appears to be about 17,000 Latin Catholic Parishes, 144 Dioceses, and, 32 Archdioceses in the USA.
  4. Possibly parishes and dioceses announcing different rules at different times. Surely, the guidance or directives will be coordinated at some level, not only to prevent initial confusion, but to avoid having to retract guidance or directives at some point.
  5. Well, then there should be a mosaic of treatment in the Catholic Church.
  6. A "preference," at least in a Chapter 7 case, is a transaction that provides a benefit to a particular creditor to the exclusion of other creditors in the same class and it prejudices those other creditors. At one time, (and maybe still) preferences were defined as occurring within a certain time window preceding the filing of the bankruptcy petition, or was entered into with certain other classes of individuals, such as, principals, owners, spouses of principals/owners, and such, which had a longer time window. The Trustee in bankruptcy could void those transactions and pull the assets
  7. Well, if the Catholics don't have staff assigned to open the mail in Irving, someone is and likely has permission. Parishes answer to Dioceses, Dioceses to Archdioceses, and they answer to ? Papal Nuncio? The vow of obedience obligates the clergy to answer to whom? The Catholic Church has an impressive body of Canon Law, last time I looked online. It is difficult to discuss matters in "executive session" when the subject of the discussion gets your mail-perhaps not all of it. And maybe the National Catholic Committee of Scouting has no responsibility for anything except re
  8. Why is the Hartford sweet deal not a "preference?" That doctrine is not applicable to Ch. 11 bankruptcy cases?
  9. In accounting, I believe it is a technique to separate certain functions to prevent fraud. Such as, the department responsible for sending out bills, does not collect the money. A different group collects the money, and a third group compares the bills sent by the one dept., to the funds received by the other dept. If the two lists don't match, something is amiss. One would think, given National's track record on lack of disclosure of abuse claims received by National, that insurers will insist on having a role monitoring future reports and claims.
  10. I have checked the website for the National Catholic Committee On Scouting and cannot find any mention of National's bankruptcy or rechartering. Curiously, the address of the Committee is in Irving, TX. Implying some measure of being an extension of National? Certainly not able to conduct its business if National opens its mail-I don't know if National staff does open the Committee's mail, but seems strange that the Catholic Committee does not have its own office with National having its own liaison staff to the Catholic Committee. Do other religious groups have such connections to Nation
  11. Having sons, could you enlighten me about "girls' natural organization instincts?" Thanks.
  12. On another matter of a council's plan fund its Settlement 'Fund Contribution, briefly: My council's indicated the other day that our council was looking to obtain a loan to cover its Settlement Fund contribution. Our camp is probably a restricted asset. I did not ask any questions-not the time or place. But what lender is likely to make a loan to an organization whose future is so murky and tenuous? And, though camp may not be sold now, it wll certainly be mortgaged-we have only one. So, if membership remains low, the likelihood of mortgage default is higher, and the council may lose i
  13. My understanding of "mandatory reporting," at least in my state, is that only certain classes are mandatory reporters: physicians, counselors, etc... Lawyers are not. Which raises the question, is anyone in the Claimant claim process a mandatory reporter? I don't know. It is like walking down a path: Claimant calls a law firm about a Claim. Speaks with a receptionist, then an info intake person, that information is passed along to a somebody (firm case manager, junior attorney, etc.), then ultimately (maybe never, according to some) by the lead attorney, then filed, with the Court, and
  14. Pretty sure I understand the meaning of "terminate." I also understand the principle of de minimus non curat lex, but that has broader application to matters beyond mere semantics. The issue is: resolving this discussion so that a single post clarifies and clearly states the issues relating to insurance for the benefit of all the posters and guests, namely: 1. The significance of National's apparent position that its interests in the policies somehow end up in the Settlement Fund as assets. It is my understanding that when a debtor files a Chapter 11 bankruptcy petition, A
  15. @cynicalscouter. Your first sentence " you do not have access to BSA insurance policies" sounds a bit like "terminating" to me. But if you read it as "You've got access to BSA policies, but that access (benefits to you CO's) is not what you thought it was, and your coverage is pretty thin, because:" 1. "You CO's have no coverage before 1978, regardless what you assumed. Where did you get that idea?" 2. "There are aggregate caps and per occurrence caps, some of which we, National, have already accessed, leaving less for you CO's to cover your liability. Coverage/benefits will run
  16. So, does National's Plan leave the CO's uninsured, or leave them with whatever coverage the policies provide by the policies' terms, and the difference to the CO's is whether they: 1. make some $ contribution to the Settlement Fund, and thereby be entitled to a release from all liability, or, 2. not make a $ contribution and be left to whatever coverage the policies provide, and retain all liability for claims. And, I guess this analysis of #2 is complicated by the Hartford deal which would effectively reduce the coverage that the Hartford policies would provide to the CO's i
  17. Though I can't yet convince myself that I understand how or on what theory National's plan or threat to dis-insure the CO's is based, if the underlying policies are somehow transferred to the Settlement entity, Adult Scout A is likely being dis-insured along with the CO which charters that unit. Lovely.
  18. So, regarding National insurance policies under which the CO's were allegedly insureds, would that coverage also extend to adult leaders in the unit chartered by that CO? Adult Scouter A attends a Troop campout. An incident of abuse occurs on that campout. Adult Scouter A has no knowledge of or involvement with the abuse. Later, a claim (lawsuit) is filed against National, LC, CO, and Adult Scouter A. Is Adult Scouter A afforded insurance coverage to defend and indemnity for any damages under National's policies, or is Adult Scouter A uninsured and on his/her own? Has Adult
  19. I had this vision of Native Americans herding buffalo off a cliff. There's a plan? So, considering all of today's events, is National closer to its toggle plan? I see all of this as a cascade of positions, each a fall-back to other positions in this order: 1. Initial plan of little money from National. 2.-? Maybe a couple of iterations to PLAN 4 with RSA and Hartford. 3. Plan 4 without RSA-seems unlikely to pass. (Now we know Hartford deal is OK with the Judge). 4. Plan 4, like #3 but with CO's agreeing to something via mediation and negotiati
  20. Interesting, Thanks. I have a volume on the debates over the Constitution, I will check it out. Nonetheless, in practice, Freedom of Speech is a cornerstone of why democracy has (sort of) thrived.
  21. Freedom of Speech is in the FIRST Amendment, for a reason: primacy of importance. TRUSTWORTHY is FIRST in the Scout Law. And, what is National's track record judged by that law? Who will ever trust National again?
  22. I only have experience with one Catholic Parish CO, and, as an institution, it could care less about the units it sponsors. Elderly parishioners always smile at scouts when scouts are part of an activity parishioners see, but otherwise have little knowledge of the unit's principal scouting activities. Senior Troop adult leadership in my troop know nothing about National's bankruptcy unless I tell them. Given that a SINGLE ABUSE CASE could create a multi-million dollar liability for a CO, if they continue to sponsor units-they are not paying attention. And if they listen to their lawye
  23. Sadly, these types of considerations now become part of the "routine" of making camp safe, and on our list of things adult volunteers need to be alert to. So, my council camp has three separate buildings, two shower houses and the pool house. All are relatively new, perhaps the last 8 to 10 years. They are built on the single stall model, single stalls for restroom facilities, and single shower stalls. Each stall locks from the inside. All stalls open to the OUTSIDE. In full view of anyone present. Each building has a central service corridor for mechanicals to service each
  24. I suspect that both churches have solid leverage with little bluff in it. What organization needs substantial legal liability with little to nothing tangible to show for it? And when so bit, do you stick around to be bit again? And, the churches may well use that leverage to obtain better terms in the bankruptcy, AND THEN, drop out as CO's in the future having determined that National is unable to adequately protect them in the future. That seems to be the finesse play for the the Methodist and Catholic interests. If National believes the Methodists and Catholics will drop out as
  25. Does anyone know where in the bankruptcy procedure objections such as these are likely to be argued? Will they actually be argued orally, or simply considered by the Judge from the pleadings with no oral argument? Thank you.
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