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Chapter 11 announced - Part 3 - BSA's Toggle Plan


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Posted (edited)

This thread has most of the info in this article.  That said, some quotes from BSA including this one about Century Insurance.

https://www.nbcdfw.com/news/business/details-on-local-council-finances-filed-in-boy-scouts-case/2635256/

Quote

 

Meanwhile, the BSA took aim Monday at one of its biggest insurers.

“We are deeply disappointed that Century Insurance Group, the insurer to which national BSA and local councils paid hundreds of thousands of dollars over the course of decades, is refusing to contribute its due to the trust or participate in mediation in a meaningful way,” the BSA said. “Instead of working cooperatively to reach an agreement to compensate survivors, Century appears to be engaging in tactics calculated to slow down the legal process.”

 

Note that Century has accused the BSA of allowing thousands if not tens of thousands of false claims to remain on the books.  Their belief is that BSA wants the false claims as those individuals are more likely to take the $1,500 payout and vote yes to their plan.  Century said BSA is buying votes of false claimants.    So, Century wants to pause this until the claims are vetted.

Edited by Eagle1993
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42 minutes ago, ThenNow said:

I just don't get the point, relative to the Chapter 11 and the claims filed.

I'm going to quickly lock the thread and create a new topic.  I think the discussion is valid and has been courteous ... but isn't directly linked to the bankruptcy discussion.  Plus, we have 2 - 3 separate discussions going on here and it is a bit confusing.  Will unlock shortly.

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Moved the discussion about BSA youth protection vs society and other programs here.  Let me know if you need any comment moved back to the main CH11 thread.  Thanks!

 

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1 minute ago, Eagle1993 said:

Moved the discussion about BSA youth protection vs society and other programs here.  Let me know if you need any comment moved back to the main CH11 thread.  Thanks!

 

K. I'll reply there!

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Posted (edited)

 

For anyone curious, it appears the court is having technical difficulties. I've been waiting in the green room for 40 minutes waiting for "someone from the court [to] connect [me] soon." I called the judge's chambers and they said IT is working on it. "Look your honor, we crashed the internet..."

Edited by ThenNow
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2 hours ago, Eagle1993 said:

Note that Century has accused the BSA of allowing thousands if not tens of thousands of false claims to remain on the books.

Is there any explanation as to why Century made this accusation? Standalone, it sounds far fetched.

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7 minutes ago, MattR said:

Is there any explanation as to why Century made this accusation? Standalone, it sounds far fetched.

As I understood their argument, they allege the BSA is allowing false claims in hopes such alleged people jump at the chance to get the $1500 "take it and run" offer, thereby inducing them to vote for the BSA's plan. I believe that's it...

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14 minutes ago, MattR said:

Is there any explanation as to why Century made this accusation? Standalone, it sounds far fetched.

I'm interested to hear about this, as well.  There may be some claims not properly vetted.  But there are likely hundreds of thousands that were not brought forward, a statement I make without any more basis than Century may have on theirs.

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2 minutes ago, ThenNow said:

As I understood their argument, they allege the BSA is allowing false claims in hopes such alleged people jump at the chance to get the $1500 "take it and run" offer, thereby inducing them to vote for the BSA's plan. I believe that's it...

I understand that part. It's the evidence I'm wondering about. What's the proof that the BSA accepted false claims, given that they did complain about the intake process.

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4 minutes ago, MattR said:

I understand that part. It's the evidence I'm wondering about. What's the proof that the BSA accepted false claims, given that they did complain about the intake process.

Sorry. My brain is racing as I continue waiting for access to the hearing. Now pushed to 11:15 ET.

I think it's essentially that. "We (Century) gave you all this 'evidence' of problems and you did nothing. You must want them to remain for a reason or you would've supported us, right?!"

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15 minutes ago, ThenNow said:

Sorry. My brain is racing as I continue waiting for access to the hearing. Now pushed to 11:15 ET.

I think it's essentially that. "We (Century) gave you all this 'evidence' of problems and you did nothing. You must want them to remain for a reason or you would've supported us, right?!"

Apparently they broke zoom.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/f4390fd2-ca3c-457a-bff5-95afa2d61e1e_4686.pdf

 

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37 minutes ago, MattR said:

I understand that part. It's the evidence I'm wondering about. What's the proof that the BSA accepted false claims, given that they did complain about the intake process.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/e6463ebf-5761-47e7-9e21-2a9358c45549_3857.pdf

No evidence ...  however, I do believe Century requested Discovery from BSA and others.  

Quote

By offering holders of Abuse Claims $1,500 to vote in favor of the Global Resolution Plan, the Debtors hope to leverage the favorable votes of the many holders of illegitimate claims, thereby creating a voting majority and overpowering the opposition voiced by holders of legitimate claims of higher value. And while this maneuver would engineer literal compliance with the code, it betrays the Debtors’ true intention—to ram through a plan that is not proposed in good faith by manipulating the voting process. The Court should preclude the use of such tactics.

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This is vote buying of the worst kind. Holders of legitimate Abuse Claims are unlikely to settle for $1,500. The $1,500 payment is thus obviously intended to induce holders of illegitimate claims to vote in favor of the Global Resolution Plan—thus providing them with money to which they are not entitled and providing the Debtors with enough votes to push through a plan that would otherwise lack sufficient support for confirmation.

 

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Posted (edited)
24 minutes ago, Eagle1993 said:

Apparently they broke zoom.

Yup. Peeled off to dial in the listen only observers and duplicative members of the same firms. Starting off with an exasperated judge may be a good thing for expediting some of these things. One can hope. That said, it is currently a live audio debacle. 

Edited by ThenNow
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40 minutes ago, ThenNow said:

Sorry. My brain is racing as I continue waiting for access to the hearing. Now pushed to 11:15 ET.

I think it's essentially that. "We (Century) gave you all this 'evidence' of problems and you did nothing. You must want them to remain for a reason or you would've supported us, right?!"

There is, I think, an abnormal amount of this type of accusation in this case, and it has its counterparts in this forum.  Any party that is not acting the way another party wants them to act can only have nefarious reasons for doing so.  

My bet is still on a settlement rather than extensive litigation because how all the different questions in a full blown trial/trials will be answered is not at all clear, and no one wants to roll the dice that blindly.  But the constant questioning of the veracity of all sides makes the smart outcome less likely than the stupid outcome because of the emotions.

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Posted (edited)
21 hours ago, T2Eagle said:

There is, I think, an abnormal amount of this type of accusation in this case, and it has its counterparts in this forum.  Any party that is not acting the way another party wants them to act can only have nefarious reasons for doing so.  

I understand, but I think it would be more helpful, if you want to discuss it, to point out exactly what you're referring to as "this type of accusation." I assume you're including things beyond this grasping allegation from Century, and would be happy to hear what they are. I don't know that this is in any way "abnormal," but that's a much broader conversation about litigation. Personally, I don't think or feel the TCC has been flinging around wild accusations of nefarious behavior. I may be misunderstanding what you're saying, though. On the forum, there have definitely been a lot of heaters thrown back and forth, not always with much value other than to combust on impact.

Edited by elitts
clarity, change is italicized
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