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Chapter 11 Announced - Part 6 - Plan 5.0/TCC Plan TBD


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Query: Does anyone have a notion as to how in the blazes a true “global resolution” can be had when COs are so numerous, varied, and in innumerable states of identity crisis - name changes, location changes, transfers and mergers - not to mention other problematic wickets? This has been my latest cerebral vexation at 2:16AM or thereabouts. In the last 25 years, my Catholic CO has changed names twice to my knowledge, more likely three times, and is party to at least one parish consolidation. Riddle me this, if you please. (Nod to the soon and coming film, The Batman.)

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This is Doug Kennedy, a member of the TCC.  First, I want to thank all of you for your comments over the past 18 months.  Your comments and those in other forums, whether I disagree with them or not,

A few months ago, one of the posters here offered some great advice I thought.  Type what you intend  to say. Set it aside for a few minutes and look at it again before you press "post". Does it

Normally I wouldn't discuss user issues, but given his profile pic and signature I'm going to make an exception: Regardless of the impression given by his profile picture and signature line, Cyni

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Maine just opened an SOL lookback window.

https://www.wabi.tv/2021/10/18/maines-statute-limitations-cases-childhood-sexual-abuse-lifted-monday/

Revival Law: In 2021, Maine opened a permanent revival window for all previously expired child sex abuse claims against perpetrators, other individuals, private organizations and the government. The window opened on October 18, 2021 and never closes. All previously expired claims in Maine are permanently revived without limitation. For a guide to help survivors understand their rights during the legal process of filing a civil lawsuit under Maine’s revival window, click the survivor tool kit below.

The SOL area is dynamic.  Now Maine is considered an open state in the plan so not many changes there.

 

FYI ..

https://www.wlky.com/article/dollar365-million-settlement-reached-in-lmpd-youth-explorer-sex-abuse-scandal/38126069#

How is a BSA insurer agreeing to cover this.  Wouldn't this go through the bankruptcy court?

Edited by Eagle1993
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27 minutes ago, Eagle1993 said:

How is a BSA insurer agreeing to cover this.  Wouldn't this go through the bankruptcy court?

The Metro was the single institutional defendant, I take it? The case clearly didn’t get the benefit of the automatic stay, so that’s my assumption. If true, how/why would the insurer be constrained? I know little or nothing, so I’m just spitballing, while simultaneously herniating my gray matter, striving to avoid dark humor and words with obtuse meaning. I’ve been boning up on language drift and conversational dilution so I know what to do. This will be my modest contribution to the systematic extinction of dictionaries everywhere.

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26 minutes ago, ThenNow said:

Query: Does anyone have a notion as to how in the blazes a true “global resolution” can be had when COs are so numerous, varied, and in innumerable states of identity crisis - name changes, location changes, transfers and mergers - not to mention other problematic wickets? This has been my latest cerebral vexation at 2:16AM or thereabouts. In the last 25 years, my Catholic CO has changed names twice to my knowledge, more likely three times, and is party to at least one parish consolidation. Riddle me this, if you please. (Nod to the soon and coming film, The Batman.)

Let me ease your mind. There will be no global resolution at the CO level. A victim might have a chance of forcing a CO with a large number of accumulated assets to the table. The odds increase with the number of victims. So, I would give you high odds with your Catholic CO of exacting something because the diocese will most likely hold the liability.

Going after a volunteer fire department in a distressed community? A few now-impoverished friends who hosted a scouting group for a few years then disbanded? With no liability coverage? A victim might get more with a tin cup.

Think of it this way: if COs were estimated to have had consolidated wealth much larger than BSA's, where do you think legal action would have started in the first place.

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17 minutes ago, ThenNow said:

The Metro was the single institutional defendant, I take it? The case clearly didn’t get the benefit of the automatic stay, so that’s my assumption. If true, how/why would the insurer be constrained? I know little or nothing, so I’m just spitballing, while simultaneously herniating my gray matter, striving to avoid dark humor and words with obtuse meaning. I’ve been boning up on language drift and conversational dilution so I know what to do. This will be my modest contribution to the systematic extinction of dictionaries everywhere.

The story states the BSA insurance company would pay $3M of the settlement.  If it is really an insurance coverage for National BSA (not the LC) then it should be going through the bankruptcy court.  Other settlements that included insurance payouts had to be approved the Judge Silverstein.  

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20 minutes ago, qwazse said:

Let me ease your mind. There will be no global resolution at the CO level. A victim might have a chance of forcing a CO with a large number of accumulated assets to the table. The odds increase with the number of victims. So, I would give you high odds with your Catholic CO of exacting something because the diocese will most likely hold the liability.

Going after a volunteer fire department in a distressed community? A few now-impoverished friends who hosted a scouting group for a few years then disbanded? With no liability coverage? A victim might get more with a tin cup.

Think of it this way: if COs were estimated to have had consolidated wealth much larger than BSA's, where do you think legal action would have started in the first place.

Good points. Danke. 

I’m trying to determine if my CO is part of the Ad Hoc Committee of Methodist and Catholic Churches, currently in negotiations with the powers that be. I sort of doubt it. 

As to easing, the thought of suing my mother’s lifelong parish might more accurately be described as nauseating, however. Same holds with pushing them around in the bankruptcy, but if that’s what it takes...

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46 minutes ago, Eagle1993 said:

The story states the BSA insurance company would pay $3M of the settlement.  If it is really an insurance coverage for National BSA (not the LC) then it should be going through the bankruptcy court.  Other settlements that included insurance payouts had to be approved the Judge Silverstein.  

And, as part of the settlement, Plaintiffs agree to withdraw their Proofs of Claim in the bk. I just skimmed. It’s a curious settlement agreement. I’ll be back...

I also contacted the reporting media outlet to see of they can clarify.

https://htv-prod-media.s3.amazonaws.com/files/2021-10-29-executed-settlement-agreement-redacted-redacted-1635796318.pdf

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3 hours ago, Bronco1821 said:

They have totally ignored me, emailed a couple of times.  I am in a closed state though so I can't provide them with a lot of money so that's why I am no longer profitable for them.  

I sent a Daily email until time/day was  scheduled. On the morning of the call, sent a reminder by email. Overkill yes, but I will say it is a small staff.

 

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3 hours ago, elitts said:

Except that the federal government has no jurisdiction over the Statutes of Limitations in Child Abuse cases in state courts.  Even if this passes, it would only be relevant to cases that could be filed in federal court.

I had a case moved to Federal Court simply because the insurer and plaintiff were located in separated States.  I'm not an attorney but this was done under the Diversity Jurisdiction rule.  I live in a different State from my abuse and council.

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32 minutes ago, Eagle1970 said:

I had a case moved to Federal Court simply because the insurer and plaintiff were located in separated States.  I'm not an attorney but this was done under the Diversity Jurisdiction rule.  I live in a different State from my abuse and council.

Generally, even though the case is heard in federal court, the fed court uses and applies state law to decide the case.  That would include SOLs.

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4 minutes ago, T2Eagle said:

Generally, even though the case is heard in federal court, the fed court uses and applies state law to decide the case.  That would include SOLs.

Thanks for the info.  It is so unfair that the State can have justice on my abuser but I cannot.  If I cooperate with prosecuting him, I will go through hell and not even have my gas mileage paid.

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4 hours ago, Eagle1993 said:

FYI ..

https://www.wlky.com/article/dollar365-million-settlement-reached-in-lmpd-youth-explorer-sex-abuse-scandal/38126069#

How is a BSA insurer agreeing to cover this.  Wouldn't this go through the bankruptcy court?

This case has been in litigation for some time, well before the bankruptcy. It has been a major scandal in the Louisville community with multiple police officers charged. It essentially ended the Exploring program in the council. 

The Louisville Courier-Journal has done very detailed coverage of the specifics of the case. 

https://www.courier-journal.com/story/news/crime/2020/11/11/lmpd-explorer-scout-program-sex-abuse-scandal-timeline-of-events/6224235002/

https://www.courier-journal.com/story/news/2021/11/01/louisville-explorer-scout-sexual-abuse-cases-settled-million/6238607001/

Edited by gpurlee
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11 hours ago, gpurlee said:

Interesting. Note the victims’ attorney said the city’s insurer will be paying and implies some cases were time-barred. Oo. And our “pennies on the dollar” reality is reinforced, yet again! Last thing. Tad Thomas is not a seasoned child sexual abuse attorney. That may or may not have contributed to the low settlement, given 7 victims and the nature and duration of the abuse allegations.

“Thomas said the city and its insurance company will pay the settlement. 

He said he would have liked to get more but questions about the statute of limitations may have reduced the value of some of the cases. 

Thomas said the bankruptcy filing of the Boys Scouts of America last year also affected them. If the suits had been transferred to U.S. Bankruptcy Court, they would have been worth only 10 cents on the dollar.”

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It is interesting to think of this settlement in comparison to the current plan 5.x.  Essentially the victims will be splitting the insurance coverage of the scouts and a much smaller amount from the self insurance fund of the Chartering Org.  This doesn't seem that different from the current plan on the table.  

It also makes me wonder how viable the alternative idea of "well let's all just go to state court" is.  This was a pretty straightforward case with criminal convictions, egregious behavior, and in the municipality a defendant traditionally thought of as being fairly deep pocketed.

 

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3 minutes ago, T2Eagle said:

It also makes me wonder how viable the alternative idea of "well let's all just go to state court" is.

How successful you do in state court is like 10% the facts of the case and 90% the attorney you’ve hired for the case.  Personally I have a large law firm partner who filed on my behalf in state court because small time attorneys would have a very difficult time pressuring the LCs into a larger individual settlement.

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