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Chapter 11 Announced - Part 4 Revised Plan


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Posted (edited)

This is the section on what BSA will do better on YP. This is NOT formatted well in the document, so I put in some indents.

The Amended Plan shall provide for the following nonmonetary commitments:

(A) The BSA forms a Child Protection Committee (“Committee”) of members from the BSA, Local Councils, the TCC, and the Coalition (including survivors).

(1) No later than six months after the Effective Date, the BSA will present to the Committee on the BSA’s current Youth Protection Program (the “Program”). The BSA will report to the Committee regarding the Program and any changes thereto on an annual basis for a period of three years following the Effective Date.

(2) Following that presentation, the BSA and Committee will work with an entity engaged by the BSA that is selected with the consultation of the Committee that is not currently affiliated with the BSA to evaluate the Program (the “Evaluating Entity”). The Evaluating Entity will have expertise in the prevention of youth sexual abuse.

(i) Any evaluation will be comprehensive in nature and include input from current BSA volunteers and professionals, survivors of sexual abuse while involved with Scouting, the members of the Committee, and the Evaluating Entity.

(ii) The Evaluating Entity will report to the Committee assessing the current Program and make specific recommendations for reasonable improvements to the Program that may include mechanisms for the elimination of abuse and accurate and annual reporting regarding the results of the Program, including confirmed instances of sexual abuse that is made available to the public (the “Prospective Reporting”).

(iii) The BSA will engage with the Evaluating Entity, and the Committee, and will take appropriate steps as necessary to improve the Program. Changes to the Program will be reported on the BSA’s Program website and training will be reasonably adjusted to reflect changes.

(3) The BSA will propose and the Committee will consider a protocol for the review and publication of information in the Volunteer Screening Database and the Prospective Reporting, which will take into account factors including:

(1) the desire to make public credibly identified perpetrators of sexual abuse in Scouting;

(2) adequate protections for survivor identities;

(3) consideration regarding the protection of third parties, including survivor family members and volunteers;

(4) a notification process regarding any publication;

(5) issues related to privacy and liability related to publication; and

(6) the potential appointment or retention of an appropriate neutral party to supervise (the “Neutral Supervisor”) the evaluation and review of the Volunteer Screening Database. If the BSA and Committee are unable to reach an agreement on the above protocol, the Neutral Supervisor shall mediate the dispute to resolution. In accordance with the process outlined above, information from the Volunteer Screening Database and Prospective Reporting shall be published annually after agreement among the parties or determination by the Neutral Supervisor.

(4) After consultation and recommendations from the Evaluating Entity, the Committee may propose and the BSA will in good faith consider other issues relating to Child Protection, including but not limited to:

(A) special BSA Scouting programs for survivors; and

(B) participation and leadership in a comprehensive reporting program to include other youth-serving organizations.

(5) The BSA will engage with the Committee and consider all appropriate measures proposed by the Committee to improve transparency and accountability with respect to any future instances of sexual abuse, including the dissemination of information relating to abuse statistics, consistent with practices of other youth-serving organizations, including what information may be publically available on the BSA’s website.

(B) The BSA shall turn over to the Settlement Trust the Volunteer Screening Database and all Troop Rosters in the Debtors’ possession, custody, or control, in a manner permitting access to the same extent as in typical litigation discovery by the holder of a Direct Abuse Claim to the Volunteer Screening Database and Troop Rosters, if any, that relate to such holder or the Direct Abuse Claim asserted thereby, subject in each case to appropriate protection against the unauthorized dissemination of such documents and materials;

(C) The BSA shall provide the Settlement Trust reasonable go-forward discovery support regarding records and documents related to Abuse Claims

(D) The BSA shall assign to the Settlement Trust a secured ownership interest (as designated in the Amended Plan by the Coalition, the TCC, and the Future Claimants’ Representative) in any proceeds of insurance rights and insurance receivables; and

(E) The BSA shall agree to cooperate in taking all steps reasonably necessary to facilitate the Local Council Settlement Contribution as set forth below.  

 

Edited by CynicalScouter
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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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9 minutes ago, CynicalScouter said:

He's a professional mediator for looks like the last 30-40 years

That was an attempt at a little levity which may be needed to leaven the lump, as the Book says.

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7 minutes ago, CynicalScouter said:

(ii) The Evaluating Entity will report to the Committee assessing the current Program and make specific recommendations for reasonable improvements to the Program that may include mechanisms for the elimination of abuse and accurate and annual reporting regarding the results of the Program, including confirmed instances of sexual abuse that is made available to the public (the “Prospective Reporting”).

THIS is the Cleary-type reporting I was hoping for. Annual data on how often BSA is failing at protecting youth.

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18 minutes ago, ThenNow said:
22 minutes ago, CynicalScouter said:

The Settlement Trustee shall be Eric D. Green and will be appointed by the Bankruptcy Court. I assume it is this Eric D. Green. http://www.acctm.org/egreen/

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. 

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7 minutes ago, ThenNow said:

That was an attempt at a little levity which may be needed to leaven the lump, as the Book says.

Sorry, I thought you meant light as in "no previous experience in handing child sexual abuse claims and cases." I know that was a concern some people had: that whoever is involved forward has some background in child sexual abuse. This guy...isn't that.

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Posted (edited)
5 minutes ago, Muttsy said:

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. 

What? Say it ain’t so. This is purely the BSA’s man and not someone agreed to by the other parties? That don’t sound so good. Someone got some splainin’ to do.

Edited by ThenNow
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Mosby files a declaration in support of the RSA

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/08ab09c5-ad26-4294-91f3-c597a4c50022_5469.pdf

He confirms that the Hartford deal is out and will be put before the judge.

Quote

On account of the Plaintiff Representatives’ position, the terms of the RSA require removal of the Hartford Settlement from the Amended Plan...As a result, we are requesting the Court’s determination that the Debtors may enter into the RSA, which includes that the Debtors are not obligated to seek approval of the Hartford Settlement.

 

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Posted (edited)
2 minutes ago, ThenNow said:

What? Say to ain’t so. This is purely the BSA’s man and not someone agreed to by the other parties?

Here's my question: at this point does it matter in the sense that the Settlement Trustee will be focused on a) determining validity of claims and b) value of claims and therefore c) the only entities that will have to worry about his determinations are the victims, the insurance companies, and possibly the COs?

In other words, his determinations will have zero bearing on BSA. They're out of the settlement process at that point.

And he must have been agreed to by the others or else his name wouldn't be in the RSA.

Edited by CynicalScouter
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9 minutes ago, CynicalScouter said:

This is the section on what BSA will do better on YP. This is NOT formatted well in the document, so I put in some indents.

The Amended Plan shall provide for the following nonmonetary commitments:

(A) The BSA forms a Child Protection Committee (“Committee”) of members from the BSA, Local Councils, the TCC, and the Coalition (including survivors).

(1) No later than six months after the Effective Date, the BSA will present to the Committee on the BSA’s current Youth Protection Program (the “Program”). The BSA will report to the Committee regarding the Program and any changes thereto on an annual basis for a period of three years following the Effective Date.

(2) Following that presentation, the BSA and Committee will work with an entity engaged by the BSA that is selected with the consultation of the Committee that is not currently affiliated with the BSA to evaluate the Program (the “Evaluating Entity”). The Evaluating Entity will have expertise in the prevention of youth sexual abuse.

(i) Any evaluation will be comprehensive in nature and include input from current BSA volunteers and professionals, survivors of sexual abuse while involved with Scouting, the members of the Committee, and the Evaluating Entity.

(ii) The Evaluating Entity will report to the Committee assessing the current Program and make specific recommendations for reasonable improvements to the Program that may include mechanisms for the elimination of abuse and accurate and annual reporting regarding the results of the Program, including confirmed instances of sexual abuse that is made available to the public (the “Prospective Reporting”).

(iii) The BSA will engage with the Evaluating Entity, and the Committee, and will take appropriate steps as necessary to improve the Program. Changes to the Program will be reported on the BSA’s Program website and training will be reasonably adjusted to reflect changes.

(3) The BSA will propose and the Committee will consider a protocol for the review and publication of information in the Volunteer Screening Database and the Prospective Reporting, which will take into account factors including:

(1) the desire to make public credibly identified perpetrators of sexual abuse in Scouting;

(2) adequate protections for survivor identities;

(3) consideration regarding the protection of third parties, including survivor family members and volunteers;

(4) a notification process regarding any publication;

(5) issues related to privacy and liability related to publication; and

(6) the potential appointment or retention of an appropriate neutral party to supervise (the “Neutral Supervisor”) the evaluation and review of the Volunteer Screening Database. If the BSA and Committee are unable to reach an agreement on the above protocol, the Neutral Supervisor shall mediate the dispute to resolution. In accordance with the process outlined above, information from the Volunteer Screening Database and Prospective Reporting shall be published annually after agreement among the parties or determination by the Neutral Supervisor.

(4) After consultation and recommendations from the Evaluating Entity, the Committee may propose and the BSA will in good faith consider other issues relating to Child Protection, including but not limited to:

(A) special BSA Scouting programs for survivors; and

(B) participation and leadership in a comprehensive reporting program to include other youth-serving organizations.

(5) The BSA will engage with the Committee and consider all appropriate measures proposed by the Committee to improve transparency and accountability with respect to any future instances of sexual abuse, including the dissemination of information relating to abuse statistics, consistent with practices of other youth-serving organizations, including what information may be publically available on the BSA’s website.

(B) The BSA shall turn over to the Settlement Trust the Volunteer Screening Database and all Troop Rosters in the Debtors’ possession, custody, or control, in a manner permitting access to the same extent as in typical litigation discovery by the holder of a Direct Abuse Claim to the Volunteer Screening Database and Troop Rosters, if any, that relate to such holder or the Direct Abuse Claim asserted thereby, subject in each case to appropriate protection against the unauthorized dissemination of such documents and materials;

(C) The BSA shall provide the Settlement Trust reasonable go-forward discovery support regarding records and documents related to Abuse Claims

(D) The BSA shall assign to the Settlement Trust a secured ownership interest (as designated in the Amended Plan by the Coalition, the TCC, and the Future Claimants’ Representative) in any proceeds of insurance rights and insurance receivables; and

(E) The BSA shall agree to cooperate in taking all steps reasonably necessary to facilitate the Local Council Settlement Contribution as set forth below.  

 

Is it common in Chapter 11 for the Debtor to be "in control" of their on-going nonmonetary commitments? Section A seems to be the status quo but with more committee overhead, more reports, ... too vague.

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6 minutes ago, CynicalScouter said:

Sorry, I thought you meant light as in "no previous experience in handing child sexual abuse claims and cases." I know that was a concern some people had: that whoever is involved forward has some background in child sexual abuse. This guy...isn't that.

I’m just babbling as I wait for the breaking news at 11. My anxiety is showing. Pay me no mind for the next few...

That detail doesn’t make me feel all warm and fuzzy inside.

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4 minutes ago, CynicalScouter said:

at this point does it matter in the sense that the Settlement Trustee will be focused on a) determining validity of claims and b) value of claims and therefore c) the only entities that will have to worry about his determinations are the victims, the insurance companies, and possibly the COs?

In other words, his determinations will have zero bearing on BSA. They're out of the settlement process at that point.

Perhaps not to the BSA. It matters greatly to me and us. Anywho, I’m heating up the frying pan for the bigger fish flopping around in the bottom of my canoe. 

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Posted (edited)

Regarding Hartford: BSA wants out of the deal, but if the judge decides to require the Hartford deal (because BSA signed that deal) is part of the settlement, then the RSA falls apart.

RSA says LCs are paying $500 million. The TCC Zoom says $600 million.

Edited by CynicalScouter
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