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Chapter 11 Announced - Part 4 Revised Plan


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20 minutes ago, CynicalScouter said:

Some of this is just sloppy lawyering (mass approval of the claims in a frenzy of last minute signing)

Yup. AND, sloppy lawyering that utterly flaunted the judge’s admonition, toothless I might add in retrospect, that she “better not see a hundred signatures by attorneys...I never signed for my client in all my years of practice,” to paraphrase her statement. Looming bar date or not, get your poo-poo together and prepare your signing hand for a two month recovery from clinical writer’s cramp!

Edited by ThenNow
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@CynicalScouter Thanks from me and frankly, surely everyone, for tracking on the status of National's bankruptcy pleadings, and the procedural steps, past and pending, in the Bankruptcy case. And your

Okay. Enough. If you aren't talking about court proceedings then drop it.  It would be a shame to lock this thread now.

A few random observations from watching this bankruptcy unfold over the past several months: The focus has clearly been on protecting the national organization first and then the local councils.

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23 minutes ago, CynicalScouter said:

But the point of the insurers, and I'd point out some of the victims lawyers now, is that it isn't the Trustee's job yet. The Trustee doesn't have a job until 2/3rds of (voting) claimants approve the plan and that at least some (many? most?) of those 82,500 voters shouldn't be voting in the first place.

Some of this is just sloppy lawyering (mass approval of the claims in a frenzy of last minute signing) and some is 100% made up. The Coalition's objection basically agrees with you: challenging the claims is premature, let's just vote and fight it out at either the confirmation stage or through the trustee system.

I would have agreed previously that it is premature and the rooting out should be done by the trustee however this appears to more an issue about controlling the RSA/Bankruptcy/Settlement.  Will the lawyers who appear to have rubber stamped the POC's also be able to do the same with the voting?  Is this why the opt out money is now $3500?  "The stated objective of those behind the Coalition was to generate a supermajority of claims and thus control the bankruptcy, as revealed in an email that the TCC turned over to the U.S. Trustee. And the Coalition did just that." is this why Kosnoff has it out for the TCC and their lawyers?  Wow another can of worms to go fishing with.

Edited by johnsch322
wrong wording
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I don’t know who to quote on this so I’ll just put it here. The entire funding of claims aggregation and mining and whatever you want to call it, coupled with the need to examine lawyers and claims to see what’s hinky, makes me sad and angry. I’m sure that was not apparent in my recent post. Thought I’d clear that right up.

Plucked this from law.com, but I no longer have full access, so here’s the banner splash. Best I can do while I appeal to my friend at Bloomberg to let us in. Forgive this jumbo font. Still waiting for that tech consultant following my appointment to the entire C Suite for all things BSA Chapter 11 and BSA overall. My wife asked twice about her island. Can anyone expedite my elevation and coronation? Please?

Without further ado, this is the extent of my web plucking:

 

Quote

Mass Tort Attorneys: Judges Want to Know About Your Outside Financing

At least three federal judges in multidistrict litigation have asked plaintiffs lawyers to disclose third-party litigation funding. “The minute you have an involvement of someone else," U.S. District Judge Paul Grimm, in the Marriott data breach cases, told Law.com, "you have the benefit of funding, but with that funding, there is a question about is there to be control or not.”

As rule makers and politicians continue to debate about whether to disclose third-party funding in multidistrict litigation, some federal judges have forged ahead in requiring plaintiffs lawyers to do just that.

In the past year, judges in at least three cases have ordered such disclosures, in most cases as part of the process of appointing plaintiffs attorneys to leadership teams. The three MDLs involved include some of the largest mass torts in the country.

 

Edited by elitts
just minor editing for appearance
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Someone let Kosnoff know he can tweet his apology re the TCC not holding meetings when he thinks best.  The TCC for now has moved its REGULAR second Thursday of the month meeting to the week before.  Not a huge surprise given the the upcoming court dates and what might be better timing:

NOTICE OF VIRTUAL TOWN HALL MEETINGS HOSTED BY THE OFFICIAL COMMITTEE OF BOY SCOUT ABUSE SURVIVORS

The next TCC Town Hall will be held on Thursday, August 5, 2021, at 5pm PDT/8pm EDT. 

Zoom link: https://pszjlaw.zoom.us/j/89421964324  (no registration required)

or

Join by phone: 888-788-0099, meeting id 894 2196 4324

To be discussed:

  • Status of Boy Scouts bankruptcy case
  • Status of the disclosure statement and chapter 11 approval process
  • Status of negotiations with chartered organizations and insurers
  • Other motions pending before the bankruptcy court
  • Other pending motions before the bankruptcy court
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2 minutes ago, MYCVAStory said:

Someone let Kosnoff know he can tweet his apology re the TCC not holding meetings when he thinks best.

Thanks for the invite. I’m off to Puerto Rico. Hopefully, I’ll do better than Century’s PI in locating him and the boat at his club. In any case, expect my future posts to have a gentle, Coppertone glow about them. I’ll report from seaside…

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Just now, ThenNow said:

Thanks for the invite. I’m off to Puerto Rico. Hopefully, I’ll do better than Century’s PI in locating him and the boat at his club. In any case, expect my future posts to have a gentle, Coppertone glow about them. I’ll report from seaside…

Let's trade.  I'm headed to a cardiologist next week after an "abnormality" turned up.  I'm looking forward to when he asks "Have you been under any stress lately?"  "Well, do you have a few hours so I can summarize it?!"  Enjoy, safe travels, and happy hunting!

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1 minute ago, MYCVAStory said:

Let's trade.  I'm headed to a cardiologist next week after an "abnormality" turned up.  I'm looking forward to when he asks "Have you been under any stress lately?"  "Well, do you have a few hours so I can summarize it?!"  Enjoy, safe travels, and happy hunting!

Prayers headed your way, brother!

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5 minutes ago, MYCVAStory said:

Let's trade.  I'm headed to a cardiologist next week after an "abnormality" turned up.  I'm looking forward to when he asks "Have you been under any stress lately?"  "Well, do you have a few hours so I can summarize it?!"  Enjoy, safe travels, and happy hunting!

Will send good thoughts your way. Be well. 

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40 minutes ago, yknot said:

Will send good thoughts your way. Be well. 

Thanks brothers.  All will be good.  I suspect the last 16 months has made us tough old bastards!  I'm more interested in living vicariously through ThenNow as he heads to the sun.

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Kosnoff is going after Century on Twitter.  Here is the latest and there is much more.  He is calling them out any idea for his motive?
 
I’m still waiting for a reply to my letter. Did he allow Century/Chubb to bury hundreds of billions of dollars in coverage liabilities in this run-off scheme that threatens tens of thousands of sex abuse victims? Why would he do that?
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Kosnoff Law
 
@SexAbuseAttys
· Jun 7
Ltr to DiMemmo PA Ins Commissioner but no response. What is the Commissioner hiding? https://yumpu.com/en/document/view/65700116/ltr-to-dimemmo-pa-ins-comm via @yumpu_com
 
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The truth is not slander. There is a report it produced. And the Insurance Commissioner is a political figure. So, no, not slander.
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Skunk
 
@SkunkandBerry
· 4h
Replying to @SexAbuseAttys
Slander?
 
 
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Worried about Century Indemnity? You should be. "Given the exhaustion of the NICO cover, does Century have sufficient financial resources to meet its obligations to policyholders? After all, it only has a statutory surplus of $25 million,
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On 6/24/2021 at 7:07 AM, ThenNow said:

Honestly, I think this is the most misunderstood, overlooked and perhaps ignored part of this (and any CSA) case. We were abused, which is a catastrophic psychological and sometimes physical trauma. Use significant brain trauma as an analogy of severity. As with some traumatic brain injuries, the soul/psyche and the relationships and impacts they have on the body never fully heal. In the Proof of Claim, we were asked to list impacts. It listed prompts of the ways our lives may have been damaged as a result of the abuse. We were asked to list medications, therapists, treatments, social problems, sexual problems, legal trouble, career problems, addiction issues, and, etc. For me, this was the longest section. The abuse was the abuse. Terrible. Awful. Dark. Evil. Yes. Ok. Ok. We all get it. BUT, understanding what the last 50 years has been like is the part I think some who play the “You guys are abusing the current and future Scouts, and are trying to destroy Scouting” walk right by on your way to the lawyer and victim bashing party.

BSA will emerge with a self-imposed limp. We entered with a limp, if we were VERY lucky. Psychologically, some of us used crutches and wheelchairs. Some came in on gurneys, pushed by family members and noble attorneys. Some are long buried, not all gone by natural causes. Others ran to the gates, God bless ‘em. Today’s “King for a Day” decree would be that all the “haters” (or any who would be brave and empathetic enough to do it) would be visited by the Ghost of BSA Abuse Past. You would glimpse, not experience, the trauma and walk with one of us through the decades that have followed. I truly don’t think most people understand the loss of “our lives” this has been for us. Some things you take for granted, we were denied. I can barely look at some photos of my boys at certain ages because I see their young, innocence faces and I know I failed them in that moment. I attached pages of medical and treatment bills to my POC and it was daunting and heartbreaking to see them. I read every one. Treatment reports. Intake questionnaires. Diagnoses and program reports. Ugh. My wife endured so much. I see and reported the business losses. While I was in the psych hospital and then a national treatment center’s “Professionals In Crisis” program, one business went south. My big career opportunity of a lifetime, down the crapper. I have scars on my body inflicted by yours truly. Outward signs or inner torment. I spent a lifetime battling addiction, a classic maladaptive coping strategy. I wish you could understand. BSA will emerge to pursue its mission.. We may get some money. There will be no emergence. No great corporate sigh of relief. No monkey off our back. No live to fight another day. This is not and never was about healing or vengeance for that matter. Both are in God’s hands. This is recompense to child victims and BSA offered it. BSA offered it because it happened on their watch and, effectively, by their hand. 

This post simply says it all.  Sadly.  I find I have little sympathy for the BSA, or the future of the program.  And my life, and that of my 3 sons has been Scouting.  My Scouting resume is 4 pages long, single spaced.  And most positions I have held for over 20 years.  Scouting is what I do, and I am disgusted.

(And if Scouting survives this in some form, what survives?  A program managed by the same people who got us into this mess, and they, then, only compelled to "fess up?")

(I tried to sign off on this site, but I don't think I can let this go.  It is simply too important.  I still hold several council and troop positions. And too many Scouting friends are damaged. And they need a kind word.)

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On 6/23/2021 at 5:15 PM, CynicalScouter said:

 

This times a million. If it had not been for several lawsuits, and especially the Oregon one, BSA would still have stifled and stuffed the IV Files away. They appealed all the way to the Oregon Supreme Court to try and avoid releasing that information.

The victims and their lawyers (deleted) were the ones who forced those files open and forced BSA to admit at least a little bit what it had done. BSA wasn't about to admit anything.

If it were not for the victims and their lawyers (deleted) in the prior BSA sexual abuse cases (and I will say secondarily the Catholic sexual abuse cases which prompted a lot of re-examinations in this area) BSA wasn't about to lift a finger to help anyone.

I tried to post a generic post about the legal profession, but it was blanked by a moderator.

I will try again.

Every client hates their opponent's attorney and loves their attorney.

Most attorneys are quiet, competent nerds, who are compassionate, and do good work, largely silently.  Mass Tort cases apparently bring out the worst of the worst. I have read the pleadings about Century's request for Discovery.  It is well-founded.

Comments by some members bear this out.

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In reply to the many comments posted throughout this thread about the benefits of this bankruptcy to the abuse survivors.

A very astute client of mine once remarked that "the law provides a resolution, but not a solution."

That is, the law resolves-closes-the matter, but does not fix the damage.

This issue has been mentioned in a number of posts.  Whatever the financial settlement is, it does not repair the initial damage.  And it won't repair life opportunities lost and damage done to them.

A few years ago, I severely damaged my knee.  My therapist commented how "compliant" I was in exercising.  I told her that if I did not heal myself, I would not heal.

And this I advise to all of the abuse survivors on this forum:  In the final analysis, you will need to find the strength within yourself, or your family, or Scouting friends, or friends, to heal.

And if there is no support there for you, you MUST find it.  Few people can resolve these issues on their own.  You deserve a settled emotional life.

 

My best friend is a Scouting abuse survivor and not doing well.  My call to him 3 weeks ago, has not been returned.

I am intentionally not revealing my expertise, leaving what I write as evidence, hopefully enough to be persuasive.

 

 

 

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50 minutes ago, SiouxRanger said:

This post simply says it all.  Sadly.  I find I have little sympathy for the BSA, or the future of the program.  And my life, and that of my 3 sons has been Scouting.  My Scouting resume is 4 pages long, single spaced.  And most positions I have held for over 20 years.  Scouting is what I do, and I am disgusted.

(And if Scouting survives this in some form, what survives?  A program managed by the same people who got us into this mess, and they, then, only compelled to "fess up?")

(I tried to sign off on this site, but I don't think I can let this go.  It is simply too abs important.  I still hold several council and troop positions. And too many Scouting friends are damaged. And they need a kind word.)

And by "Scouting Friends" I mean everyone who is a Scouting Abuse Survivor on this Forum.

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