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


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Total Council Contribution / Unique UNSHARED Claims

*Unshared here is defined as a claim that is ONLY against one council. Thus a Claim against Greater New York Council is counted, but one against Greater New York Council AND Greater Hudson Valley is not. This does skew the data but not much.

$12,930.69 Average

$10,399.06 Median

$138.46 Minimum (Rocky Mountain $11,492 / 83 claims)

$200,619.25 Maximum (Greenwich $802,477 total contribution / 4 claims )

Local Council  Number

Local Council Name

Contribution / ALL Claims

1

GREATER ALABAMA

$8,281.64

3

ALABAMA-FLORIDA

$1,758.63

4

MOBILE AREA

$264.37

5

TUKABATCHEE AREA

$6,716.94

6

BLACK WARRIOR

$10,520.19

10

GRAND CANYON

$12,882.30

11

CATALINA

$4,956.35

13

DE SOTO AREA

$4,363.43

16

WESTARK AREA

$8,193.98

18

QUAPAW AREA

$11,775.63

23

GOLDEN GATE AREA

$10,540.18

27

SEQUOIA

$2,182.83

30

SOUTHERN SIERRA

$954.54

31

PACIFIC SKYLINE

$26,651.88

32

LONG BEACH AREA

$25,832.88

33

GREATER LOS ANGELES

$6,024.10

35

MARIN

$29,438.40

39

ORANGE COUNTY

$32,359.45

41

REDWOOD EMPIRE

$2,988.20

42

PIEDMONT 042

$77,299.71

45

CALIFORNIA INLAND EMPIRE

$2,272.77

47

GOLDEN EMPIRE

$2,826.55

49

SAN DIEGO - IMPERIAL COUNCIL

$6,008.58

51

WESTERN LOS ANGELES COUNTY

$4,578.75

53

LOS PADRES

$20,155.55

55

SILICON VALLEY MONTEREY BAY

$31,152.65

57

VENTURA COUNTY

$3,350.70

58

VERDUGO HILLS

$12,979.12

59

GREATER YOSEMITE

$10,232.56

60

PIKES PEAK

$17,019.22

61

DENVER AREA

$16,216.22

62

LONGS PEAK COUNCIL

$23,683.93

63

ROCKY MOUNTAIN

$138.46

66

CONNECTICUT RIVERS

$13,299.85

67

GREENWICH

$200,619.25

69

HOUSATONIC

$23,590.10

70

OLD NORTH STATE

$26,935.59

72

CONNECTICUT YANKEE

$10,368.82

81

DEL-MAR-VA

$16,009.19

82

NATIONAL CAPITAL AREA

$12,698.41

83

CENTRAL FLORIDA

$3,814.19

84

SOUTH FLORIDA COUNCIL

$5,720.04

85

GULF STREAM

$6,610.17

87

NORTH FLORIDA

$17,214.01

88

SOUTHWEST FLORIDA

$16,975.70

89

GREATER TAMPA BAY AREA

$12,427.35

91

CHATTAHOOCHEE

$7,444.42

92

ATLANTA AREA

$17,021.28

93

GEORGIA-CAROLINA

$3,663.71

95

FLINT RIVER

$10,641.31

96

CENTRAL GEORGIA

$3,185.72

98

SOUTH GEORGIA

$4,847.19

99

COASTAL GEORGIA

$20,190.59

100

NORTHWEST GEORGIA

$18,227.70

101

NORTHEAST GEORGIA

$17,972.82

104

ALOHA

$6,828.36

106

MOUNTAIN WEST

$14,126.97

107

GRAND TETON

$12,990.56

117

PRAIRIELANDS

$5,630.49

127

THREE FIRES

$10,744.97

129

NORTHEAST ILLINOIS

$20,283.09

133

ILLOWA

$6,218.94

138

W.D. BOYCE

$6,921.29

141

MISSISSIPPI VALLEY

$24,729.78

144

ABRAHAM LINCOLN

$29,586.11

145

HOOSIER TRAILS

$9,594.06

156

BUFFALO TRACE

$4,896.82

157

ANTHONY WAYNE AREA

$12,716.54

160

CROSSROADS OF AMERICA

$9,777.99

162

SAGAMORE

$9,821.50

165

LASALLE

$10,149.75

172

HAWKEYE AREA

$7,571.03

173

WINNEBAGO

$11,855.03

177

MID-IOWA

$15,740.07

178

NORTHEAST IOWA COUNCIL

$24,227.64

192

CORONADO AREA

$12,789.34

194

SANTA FE TRAIL

$10,704.32

197

JAYHAWK AREA

$8,428.61

198

QUIVIRA

$3,545.45

204

BLUE GRASS

$533.12

205

LINCOLN HERITAGE

$8,467.51

209

CALCASIEU

$5,203.71

211

ISTROUMA AREA

$4,303.80

212

EVANGELINE AREA

$1,951.51

213

LOUISIANA PURCHASE

$9,569.30

214

SOUTHEAST LOUISIANA

$5,074.68

215

NORWELA

$28,238.53

216

KATAHDIN AREA

$5,002.85

218

PINE TREE

$4,708.46

220

BALTIMORE AREA

$8,847.47

221

MASON-DIXON

$9,105.00

224

CAPE COD & ISLANDS

$21,641.54

227

SPIRIT OF ADVENTURE

$5,417.16

230

HEART OF NEW ENGLAND

$7,685.81

234

WESTERN MASSACHUSETTS

$3,324.70

250

NORTHERN STAR

$20,520.04

251

MAYFLOWER

$21,157.73

283

TWIN VALLEY

$16,332.56

286

VOYAGEURS AREA

$11,595.48

296

CENTRAL MINNESOTA

$8,933.58

299

GAMEHAVEN

$5,360.50

302

CHOCTAW AREA

$12,662.54

303

ANDREW JACKSON

$7,304.35

304

PINE BURR AREA

$1,823.58

306

OZARK TRAILS

$12,386.35

307

HEART OF AMERICA

$10,483.18

311

PONY EXPRESS

$16,370.97

312

GREATER ST. LOUIS AREA

$8,671.92

315

MONTANA

$22,249.48

322

OVERLAND TRAILS

$9,019.00

324

CORNHUSKER

$6,245.61

326

MID-AMERICA

$15,737.90

328

LAS VEGAS AREA

$17,274.16

329

NEVADA AREA

$20,544.55

330

DANIEL WEBSTER

$18,556.64

333

NORTHERN NEW JERSEY

$5,837.27

341

JERSEY SHORE

$3,542.58

347

MONMOUTH

$29,090.01

358

PATRIOTS' PATH

$16,175.72

364

TWIN RIVERS

$11,432.60

368

BADEN POWELL

$13,190.26

373

LONGHOUSE

$4,333.54

375

FIVE RIVERS

$10,804.78

376

IROQUOIS TRAIL

$8,155.86

380

GREATER NIAGARA FRONTIER

$6,149.94

382

ALLEGHENY HIGHLANDS

$13,225.85

386

THEODORE ROOSEVELT

$20,564.36

388

GREATER HUDSON VALLEY

$18,404.15

397

SENECA WATERWAYS

$34,042.55

400

LEATHERSTOCKING

$48,841.92

404

SUFFOLK COUNTY

$8,764.29

405

RIP VAN WINKLE

$9,231.38

412

GREAT SOUTHWEST

$439.89

413

CONQUISTADOR

$30,006.65

414

DANIEL BOONE

$10,761.05

415

MECKLENBURG COUNTY

$30,104.98

416

CENTRAL NORTH CAROLINA

$19,581.48

420

PIEDMONT 420

$19,346.24

421

OCCONEECHEE

$9,095.46

424

TUSCARORA

$20,444.05

425

CAPE FEAR

$10,448.95

426

EAST CAROLINA

$10,842.87

427

OLD HICKORY

$9,111.12

429

NORTHERN LIGHTS

$17,732.85

433

GREAT TRAIL

$11,997.09

436

BUCKEYE

$14,606.31

438

DAN BEARD

$10,668.84

439

TECUMSEH

$8,270.82

440

LAKE ERIE

$13,252.87

441

SIMON KENTON

$6,820.18

444

MIAMI VALLEY

$8,203.44

449

BLACK SWAMP AREA

$21,553.87

456

PATHWAY TO ADVENTURE

$4,756.46

460

ERIE SHORES

$23,642.92

467

MUSKINGUM VALLEY

$10,923.21

468

ARBUCKLE AREA

$16,367.60

469

CHEROKEE AREA

$3,185.52

474

CIMARRON

$4,633.64

480

LAST FRONTIER

$11,184.20

488

INDIAN NATIONS

$12,265.78

491

CRATER LAKE COUNCIL

$2,322.25

492

CASCADE PACIFIC

$17,699.12

497

JUNIATA VALLEY

$16,211.69

500

MORAINE TRAILS

$22,157.13

501

NORTHEASTERN PENNSYLVANIA

$9,414.55

502

MINSI TRAILS

$22,639.61

504

COLUMBIA-MONTOUR

$32,616.38

509

BUCKTAIL

$11,344.83

512

WESTMORELAND-FAYETTE

$19,260.82

524

PENNSYLVANIA DUTCH

$13,517.58

525

CRADLE OF LIBERTY

$11,363.46

527

LAUREL HIGHLANDS

$15,593.07

528

HAWK MOUNTAIN

$19,952.73

532

FRENCH CREEK

$6,859.54

533

SUSQUEHANNA

$9,262.16

538

CHIEF CORNPLANTER

$32,616.38

539

CHESTER COUNTY

$31,193.60

544

NEW BIRTH OF FREEDOM

$15,161.85

546

NARRAGANSETT

$16,021.22

549

PALMETTO

$1,952.92

550

COASTAL CAROLINA

$1,339.43

551

BLUE RIDGE

$6,921.35

552

PEE DEE AREA

$9,993.71

553

INDIAN WATERS

$3,892.02

556

CHEROKEE AREA

$38,064.52

557

GREAT SMOKY MOUNTAIN

$6,452.36

558

CHICKASAW

$5,426.40

559

WEST TENNESSEE AREA

$2,195.63

560

MIDDLE TENNESSEE

$13,185.64

561

TEXAS TRAILS

$8,481.81

562

GOLDEN SPREAD

$16,669.80

564

CAPITOL AREA

$31,082.53

567

BUFFALO TRAIL

$12,090.19

571

CIRCLE TEN

$13,634.51

573

YUCCA

$3,759.31

574

BAY AREA

$10,404.19

576

SAM HOUSTON AREA

$9,646.66

577

SOUTH TEXAS

$2,762.41

578

THREE RIVERS

$5,573.58

583

ALAMO AREA

$13,725.26

584

CADDO AREA

$8,298.49

585

EAST TEXAS AREA

$12,549.25

587

NORTHWEST TEXAS

$7,156.57

590

CROSSROADS OF THE WEST

$6,434.25

592

GREEN MOUNTAIN

$7,947.84

595

COLONIAL VIRGINIA

$3,306.18

596

TIDEWATER

$2,678.25

598

SHENANDOAH AREA

$6,738.32

599

BLUE RIDGE MOUNTAINS

$6,660.63

602

HEART OF VIRGINIA

$12,838.60

604

BLUE MOUNTAIN

$10,046.24

606

MOUNT BAKER

$14,238.41

609

CHIEF SEATTLE

$21,115.90

610

GREAT ALASKA

$5,909.08

611

INLAND NORTHWEST

$948.06

612

PACIFIC HARBORS

$9,380.95

614

GRAND COLUMBIA

$2,703.20

615

MOUNTAINEER AREA

$12,871.15

617

BUCKSKIN

$6,657.69

619

OHIO RIVER VALLEY

$16,283.31

620

GLACIER'S EDGE

$5,859.22

624

GATEWAY AREA

$11,312.93

627

SAMOSET COUNCIL

$23,278.78

635

BAY-LAKES

$16,820.06

636

THREE HARBORS

$13,400.14

637

CHIPPEWA VALLEY

$7,488.93

638

GREATER WYOMING

$13,093.32

640

GREATER NEW YORK

$5,625.00

651

POTAWATOMI AREA

$17,505.44

653

GREAT RIVERS

$5,753.42

660

BLACKHAWK AREA

$10,393.93

661

PUERTO RICO

$2,877.27

662

LONGHORN

$3,775.02

664

SUWANNEE RIVER AREA

$4,235.08

690

GARDEN STATE

$14,793.25

691

PUSHMATAHA AREA

$1,553.37

694

SOUTH PLAINS

$7,704.85

695

BLACK HILLS AREA

$4,587.80

696

MIDNIGHT SUN

$42,639.00

697

OREGON TRAIL

$19,156.56

702

RAINBOW

$8,735.26

713

SEQUOYAH

$10,346.73

733

SIOUX

$10,921.81

741

TEXAS SOUTHWEST

$4,351.69

748

YOCONA AREA

$4,694.74

763

VIRGINIA HEADWATERS

$7,360.67

773

GULF COAST

$736.83

775

RIO GRANDE

$5,854.26

777

WASHINGTON CROSSING

$17,597.22

780

MICHIGAN CROSSROADS

$4,598.50

802

TRANSATLANTIC

$2,540.56

803

FAR EAST

$13,419.91

 

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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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So Michigan Crossroads has a ton of claims and get’s hit with among the smallest amount per and, others like my council (we have our share of claims also but nothing like MC), get hit so much harder. I guess it for the greater good. We are in a pretty healthy financial situation and a property that we really don’t need so that is probably the reason. 

Edited by ALongWalk
Left a word out
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3 minutes ago, ALongWalk said:

So Michigan Crossroads has a ton of claims and get’s hit with among the smallest amount per and, others like my council (we have our share of claims also but nothing like MC), get hit so much harder.

The statutes of limitations is a major player here: per claims Michigan Crossroads is paying a LOT less ($4,598.50) than councils in other states where the statute of limitations has been lifted.

Michigan Crossroads has around 1700 claims against it, BUT only 67 are not time-barred. That makes all the difference in the world here. It isn't just "ton of claims" it is "ton of TIME-BARRED claims".

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TCC is asking court to delay the September 21 hearing at least two weeks so it can go through Plan 5.0.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a3bc0ca7-fbc6-4dd7-9f98-f276356d61d2_6222.pdf

Quote

The Court should not allow the Debtors to circumvent the notice requirements
under Bankruptcy Rule 3017(a) by submitting material Plan and Disclosure Statement
amendments without providing for an adequate opportunity for all parties to review those
documents; that review requires an adjournment of the hearing. The Bankruptcy Rules require
parties to receive sufficient notice and time to review all documents relevant to the revised Plan
and object to the revised Disclosure Statement in advance of the hearing. See Bankruptcy Rule
3017(a). Per Bankruptcy Rule 3017(d), “Section 1125(c) of the Code requires that the entire
approved disclosure statement be provided in connection with voting on a plan.” See Comment to
Rule 3017(d). In accordance with section 1125 of the Bankruptcy Code, the Court should adjourn
the Disclosure Statement Hearing to a date that provides the TCC and other parties in interest a fair
opportunity to review the new Plan documents and prepare objections.

 

Edited by CynicalScouter
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23 minutes ago, CynicalScouter said:

TCC is asking court to delay the September 21 hearing at least two weeks so it can go through Plan 5.0.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a3bc0ca7-fbc6-4dd7-9f98-f276356d61d2_6222.pdf

 

Quote

Motion of Official Committee of Tort Claimants for Entry of an Order Terminating the Debtors’ Exclusive Periods to File a Plan and Solicit Acceptances Thereof Pursuant to Section 1121 of the Bankruptcy Code, that the TCC intends to file later today, the TCC does not support the Plan as it contains settlements with insurers, local councils, and LDS that are hopelessly inadequate.

 

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3 minutes ago, Eagle1993 said:

Motion of Official Committee of Tort Claimants for Entry of an Order Terminating the Debtors’ Exclusive Periods to File a Plan and Solicit Acceptances Thereof Pursuant to Section 1121 of the Bankruptcy Code, that the TCC intends to file later today, the TCC does not support the Plan as it contains settlements with insurers, local councils, and LDS that are hopelessly inadequate.

Yep, look like whoever mentioned it yesterday was right: TCC isn't going to wait until October 18 and run the clock out, they want to take over the process and put forth their own plan now.

Of course the problem is if this is TCC vs. the debtor and Coalition and FCR and Hartford and LDS, etc. will the judge agree?

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6 minutes ago, CynicalScouter said:

Yep, look like whoever mentioned it yesterday was right: TCC isn't going to wait until October 18 and run the clock out, they want to take over the process and put forth their own plan now.

Of course the problem is if this is TCC vs. the debtor and Coalition and FCR and Hartford and LDS, etc. will the judge agree?

I think its highly likely she delays the Sept 21 hearing.  I do question if she allows a different deal.  That said, she needs a deal with 66%+ of the claimants and the Coalition alone may not get it there (remember, many of those claimants are actually shared with Kosnoff).  Plus, if only voting claimants count, I've seen objections from many law firms that seem very active with smaller groups of claimants (and I expect they can rally votes quickly).  If the TCC is NOT onboard, she runs a major risk of having the vote fail.  She is probably better off with a deal that the TCC is onboard with even if it loses support from Insurance and LDS.

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And here it is

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/88e3df3e-384a-4c17-8bdd-fa2aaf44875a_6225.pdf

TCC wants to submit its own plan ASAP, noting that exclusivity ends October 18 in the middle of BSA's voting (if it gets its way).

It this says this

Quote

The Tort Claimants’ Committee – the only fiduciary to known survivors –
is the only party in this case that can propose a plan that treats survivors fairly and equitably.
Unlike the Boy Scouts, the Local Councils and the “Coalition of Abused Scouts for Justice,” the
Tort Claimants’ Committee will not sell out the survivors for an exit to these bankruptcy cases
that will pay, with the most optimistic estimates under BSA’s Fifth Plan, an average of $35,000
per survivor. The aggregate settlement amounts in BSA’s Fifth Plan may sound like a lot of
money but, in the end, the individual survivors are left short. As reflected in BSA’s Fifth Plan,
the Debtors, FCR, and Coalition’s steering committee of plaintiffs’ attorneys will not make the
demands that are required on insurance carriers so that survivors will be adequately and fairly
compensated.

It throws the RSA under the bus and argues, in effect, it never should have agreed to that deal. AND the TCC indicates it HAS a plan, here, now, ready to go.

Quote

The Tort Claimants’ Committee’s proposed plan does not comport with
the now-defunct RSA.3 The Tort Claimants’ Committee originally supported a settlement with
the Local Councils because the Boy Scouts and the Coalition publicly confirmed that the primary
value for survivors would be recovered through the billions in available insurance coverage.
However, over the past few weeks since the expiration of the RSA, the Boy Scouts and the
Coalition have changed their course and are now seeking a quick exit from the bankruptcy cases.
The road to the exit is paved with inadequate insurance and chartered organization settlements
that fail to capture the billions in value they promised would pay the sexual abuse claims of
survivors.

 

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Outline of the proposed TCC plan (quotations from https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/88e3df3e-384a-4c17-8bdd-fa2aaf44875a_6225.pdf)

Every single thing they agreed to in the RSA, they now opposed, right down to the settlement trustee. No Gray 1/2/23. The LC contributions are now too low. The entire settlement trustee system and channeling injunction gets reworked.

Again: this is a complete repudiation of the RSA.

What follows are the main points of the TCC plan outline (I converted to numbered points, but otherwise no changes)

  1. the TCC Plan does not include a fire-sale settlement with Hartford; instead, the TCC Plan will preserve the Hartford policies so that true value can be realized by survivors
  2. the TCC Plan does not include the proposed $600 million settlement with the Local Councils; instead, if the Local Councils want protection from the childhood sexual abuse claims each Local Council will need to make a substantial contribution that is commensurate with the liability that implicates each Local Council
  3. the TCC Plan will not provide a release for Chartered Organizations unless each such Chartered Organization makes a substantial contribution that is commensurate with the liability that implicates each Chartered Organization
  4. Non-settling insurance carriers will not be insulated by a channeling injunction; instead, the settlement trust, or survivors who have a direct right of action, may sue the non-settling insurance carriers until such carriers have settled with the settlement trust and purchased back their policies in exchange for adequate consideration
  5. any global settlement with an insurance carrier, Local Council, Chartered Organization, or any other party seeking a non-consensual third party release and protection by the channeling injunction will need Court approval
  6. the TCC Plan includes modified TDPs that allow survivors to pursue and liquidate their claims in the tort system, enabling them to trigger the payment provisions under the applicable insurance policies
  7. the settlement trust will be overseen by a disinterested settlement trustee that has experience with sexual abuse.

 

Edited by elitts
corrected important spelling error
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More filings:

1) The insurers join the TCC motion to delay the September 21 hearing

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/3e62a26e-dce6-42a7-bb0b-7b3e4ce77d12_6226.pdf

2) The TCC wants its motion on ending exclusivity to be considered at the previously scheduled September 23 date and briefing done on an expedited schedule.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/2af12ca4-9055-40e6-b21f-795c212cb177_6227.pdf

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11 minutes ago, CynicalScouter said:

Outline of the proposed TCC plan (quotations from https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/88e3df3e-384a-4c17-8bdd-fa2aaf44875a_6225.pdf)

Every single thing they agreed to in the RSA, they now opposed, right down to the settlement trustee. No Gray 1/2/23. The LC contributions are now too low. The entire settlement trustee system and channeling injunction gets reworked.

Again: this is a complete reputation of the RSA.

What follows are the main points of the TCC plan outline (I converted to numbered points, but otherwise no changes)

  1. the TCC Plan does not include a fire-sale settlement with Hartford; instead, the TCC Planwill preserve the Hartford policies so that true value can be realized by survivors
  2. the TCC Plan does not include the proposed $600 million settlement with the Local Councils; instead, if the Local Councils want protection from the childhood sexual abuse claims each Local Council will need to make a substantial contribution that is commensurate with the liability that implicates each Local Council
  3. the TCC Plan will not provide a release for Chartered Organizations unless each such Chartered Organization makes a substantial contribution that is commensurate with the liability that implicates each Chartered Organization
  4. Non-settling insurance carriers will not be insulated by a channeling injunction; instead, the settlement trust, or survivors who have a direct right of action, may sue the non-settling insurance carriers until such carriers have settled with the settlement trust and purchased back their policies in exchange for adequate consideration
  5. any global settlement with an insurance carrier, Local Council, Chartered Organization, or any other party seeking a non-consensual third party release and protection by the channeling injunction will need Court approval
  6. the TCC Plan includes modified TDPs that allow survivors to pursue and liquidate their claims in the tort system, enabling them to trigger the payment provisions under the applicable insurance policies
  7. the settlement trust will be overseen by a disinterested settlement trustee that has experience with sexual abuse.

I like the TCC Plan. A LOT. Quite an about face. It is a much clearer path. I’m sorry it has taken so long to roll out. It could well be a game changer. 

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Yep. the TCC knew this was coming.  Now we'll see a group that might care about ALL victims.  Worth noting why the Coalition just might think the BSA plan is a good one.  The lawyers that are a part of the Coalition GET REIMBURSED 10.5 MILLION DOLLARS to pay their attorneys. PLUS almost a million a month until this is done.  That's money that could have gone to victims everyone.  The portion below....

19. Payment of Coalition Restructuring Expenses
On or as soon as reasonably practicable after the Effective Date, Reorganized BSA shall
reimburse state court counsel for amounts they have paid to the Coalition Professionals for,
and/or pay the Coalition Professionals for amounts payable by state court counsel but not yet
paid to Coalition Professionals for, reasonable, documented, and contractual professional
advisory fees and expenses incurred by the Coalition Professionals (the “Coalition Restructuring
Expenses”) from the Coalition’s inception up to and including the Effective Date, up to a
maximum amount equal to (a) $950,000 per month for the period from August 16, 2021 up to
and including the Effective Date (pro-rated for any partial month), plus (b) $10,500,000

So....Hartford gets off lighter and drops its administratvive claim...Coalition takes less than it should but its bills get paid...  THAT'S why the TCC is saying "Enough is enough." 

 

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1 minute ago, Muttsy said:

I like the TCC Plan. A LOT. Quite an about face. It is a much clearer path. I’m sorry it has taken so long to roll out. It could well be a game changer. 

They tried to play nice and make it work.  The Coalition overplayed its hand and now must hope, and the BSA too, that this judge doesn't care a thing about victims.  The US Trustee's opinion will be interesting.

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21 minutes ago, CynicalScouter said:

What follows are the main points of the TCC plan outline (I converted to numbered points, but otherwise no changes)

  1. the TCC Plan does not include a fire-sale settlement with Hartford; instead, the TCC Planwill preserve the Hartford policies so that true value can be realized by survivors
  2. the TCC Plan does not include the proposed $600 million settlement with the Local Councils; instead, if the Local Councils want protection from the childhood sexual abuse claims each Local Council will need to make a substantial contribution that is commensurate with the liability that implicates each Local Council
  3. the TCC Plan will not provide a release for Chartered Organizations unless each such Chartered Organization makes a substantial contribution that is commensurate with the liability that implicates each Chartered Organization
  4. Non-settling insurance carriers will not be insulated by a channeling injunction; instead, the settlement trust, or survivors who have a direct right of action, may sue the non-settling insurance carriers until such carriers have settled with the settlement trust and purchased back their policies in exchange for adequate consideration
  5. any global settlement with an insurance carrier, Local Council, Chartered Organization, or any other party seeking a non-consensual third party release and protection by the channeling injunction will need Court approval
  6. the TCC Plan includes modified TDPs that allow survivors to pursue and liquidate their claims in the tort system, enabling them to trigger the payment provisions under the applicable insurance policies
  7. the settlement trust will be overseen by a disinterested settlement trustee that has experience with sexual abuse.

Thank you for capturing this.  It's CRITICALLY important for this plan to see the light of day and the court allow victims to decide.  The more the BSA and Coalition object the more you know it's going to be a better option for victims!

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