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


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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,

Scouter.com is not well liked by National and believe me, while we are all scouters, we have various opinions of BSA.  I think if BSA fails, we will help build up a new scouting organization. If you w

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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2 minutes ago, elitts said:

I've seen any number of people who seem to share your belief that "more can be done" and yet I've not heard any of those people come up with an actual idea that could be implemented; so I'm left thinking that what people really mean is "I wish there was something more we could do".

I will say this, Plan 5.0 keeps the RSA/Plan 4.0 element of having outside entity come in and come up with actual ideas.

Page 87-89 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/010161cd-594e-4b9e-8c88-a7402b49cf4d_6212.pdf

1. The Debtors shall form a committee (the “Child Protection Committee”) of members from the BSA, Local Councils, the Tort Claimants’ Committee, and the Coalition (including survivors). The functions of the Child Protection Committee include the following:

a. 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 “Youth Protection Program”). The BSA will report to the Child Protection Committee regarding the Youth Protection Program and any changes thereto on an annual basis for a period of three years following the Effective Date.

b. Following that presentation, the BSA and Child Protection Committee will work with an entity engaged by the BSA that is selected with the consultation of the Child Protection Committee that is not currently affiliated with the BSA to evaluate the Youth Protection 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 Child Protection Committee, and the Evaluating Entity.

(ii) The Evaluating Entity will report to the Child Protection Committee assessing the current Youth Protection Program and make specific recommendations for reasonable improvements to the Youth Protection Program that may include mechanisms for the elimination of abuse and accurate and annual reporting regarding the results of the Youth Protection 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 Child Protection Committee, and will take appropriate steps as necessary to improve the Program. Changes to the Youth Protection Program will be reported on the BSA’s Youth Protection Program website and training will be reasonably adjusted to reflect changes.

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Stang on Hartford deal: 24,000 claims means about $33,000 per victim.

Stang on Coalition: Don't think there are 81.3% of victims approving this. There are lawyers representing 81.3% of people, but that's not the same.

Stang on LDS: We have no idea what the disclosure is for them.

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15 minutes ago, CynicalScouter said:

Lauria says that attorneys representing 81.3% of abuse claimants now approve the new Hartford plan.

That number is self-proclaimed by the Coalition and the BSA uses it to its benefit.  Stang just went there...the Coalition wants this over because it stands to gain $400 million plus from settlements. 

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Stang is saying ... be careful rushing this through.  BSA attnys are saying 81% will approve.  However, when someone who was raped as a child sees that their payment will be very low with this deal, will they really vote for the plan?  There is a big difference from some attorneys saying they are good (as they are going to get $400M+ and actually getting the votes of the claimants.  Stang also said they are the only group with actual victims in the discussions and they are not on board.

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39 minutes ago, CynicalScouter said:

I will say this, Plan 5.0 keeps the RSA/Plan 4.0 element of having outside entity come in and come up with actual ideas.

Page 87-89 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/010161cd-594e-4b9e-8c88-a7402b49cf4d_6212.pdf

 

Well, I'm glad that portion was kept, at a bare minimum, the BSA needs serious reforms on it's reporting.  I just worry we'll end up with a bunch of stupid new rules because the committee feels like it needs to change something, but can't come up with any good new rules.

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Zalkin brings up a great point:

For LDS settlement, does that $250 million go to ALL claimants, or only claimants with claims against LDS?

The plan and disclosure does not say either way.

LDS had 2500 claims, that means  will get either $100,000 per (on average 250,000,000/2500) or $3,000 if divided out over 82,500.

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1 minute ago, CynicalScouter said:

Zalkin brings up a great point:

For LDS settlement, does that $250 million go to ALL claimants, or only claimants with claims against LDS?

The plan and disclosure does not say either way.

LDS had 2500 claims, that means  will get either $100,000 per (on average 250,000,000/2500) or $3,000 if divided out over 82,500.

Yes ... AND ... does that prevent them from suing the LDS if the CSA occurred during a non scouting activity.

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6 minutes ago, CynicalScouter said:

Zalkin brings up a great point:

For LDS settlement, does that $250 million go to ALL claimants, or only claimants with claims against LDS?

The plan and disclosure does not say either way.

LDS had 2500 claims, that means  will get either $100,000 per (on average 250,000,000/2500) or $3,000 if divided out over 82,500.

What if the LDS settlement goes ONLY to LDS victims (and their lawyers).  What if the Hartford settlement only go to the 40,000 Hartford victims (and their lawyers).  Same question came up about Local Councils (will each Local Council settlement only go to their own victims).  That is a major question not answered.  National BSA is clear ... $250M for all ... but the rest?   

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Lauria is being very aggressive here and as she is talking, at least 4 more lawyers put their Zoom hands up, including the attorney for the Methodists/Catholics.

EDIT: Now 5, Stang wants to be heard again as well. 6: US Trustee.

She just lit up all these people and basically called them all liars.

They are going to come in after Lauria and be furious. 1 will support (attorney for Ad Hoc Committee of LCs)

Lauria's argument is basically the objectors (TCC, etc.) will never be satisfied, so let's get on with it.

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