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


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7 hours ago, vol_scouter said:

The insurance companies could say that the BSA acted in a manner that violated the terms of the policies thus removing their obligations to cover the cases. 

That has been Hartford’s case all along. Remember back in 2019 Hartford refused to honor its BSA coverage policies for this reason. BSA sued Hartford and that suit was ongoing up to the date of the bankruptcy filing.

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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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7 hours ago, vol_scouter said:

Tomorrow might change many things.  As a non-legal type, this is just my little informed conjecture but this seems ominous for most of us on this list whether hoping for more compensation for all, preservation of the BSA, or both.

This entire time BSA has been making the case/claim that the days of sexual abuse were over that the BSA YP system was the best ever and that BSA required no structural reforms just to get out of debt.

Johnson is if this reads right about to nuke those propositions. Remember he was there as recently as 11 months ago.

Now, since this is NOT the Johnson thread but bankruptcy let me suggest how this has bankruptcy ramifications.

1) BSA’s business model is that it will slowly build back membership to 1 million scouts in 2025. This will hurt that.

2) The TCC has demanded that BSA reform its YP system only to have BSA refuse and insist on watered down language (an outside evaluator picked by BSA can “suggest” changes that BSA is free to ignore). Expect the TCC to demand an outsider appointed by the victims with real power. And by real power I mean something close to a receivership or compliance monitor typically appointed for things like out of control police departments.

3) there is absolutely no reason for anyone to vote in favor of this plan. From this point on every lawsuit and every claim Will have Johnson testifying at it.

4) this also potentially and I think most importantly reopens the statute of limitations issue across-the-board in every state. Why? First He no doubt be called to testify before state legislative committees about what he saw thereby prompting more statue limitations windows to open. Second one of the ways to get around a statute of limitation is to demonstrate active efforts to conceal. If Johnson can come in and testify that Boy Scouts of America as recently as 2020 we’re still allowing this abuse to occur and still hiding information from defendants about their claims and abusers? Game over.

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I have bookmarked the modified Fifth ammended Chapter 11 Plan to make it easier to follow. The one being sent will be too small to read without special software (4 pages to each of both sides of paper.  Bookmarks are designed to work best in  whole page view many bookmarks are on the same page. If any bookmarks are wrong drop me a note here.

345862489_MODIFIEDFIFTHAMENDEDCHAPTER11PLANOFREORGANIZATIONFORBOYSCOUTSOFAMERICAANDDELAWAREBSALLC.zip

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1 hour ago, leedavid815 said:

I have bookmarked the modified Fifth ammended Chapter 11 Plan to make it easier to follow. The one being sent will be too small to read without special software (4 pages to each of both sides of paper.  Bookmarks are designed to work best in  whole page view many bookmarks are on the same page. If any bookmarks are wrong drop me a note here.

I updated with a newer verson fom docket 6443

 

 

982400518_BSA-Dkt6443AmendedCh11Plan.zip

Edited by leedavid815
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12 hours ago, SiouxRanger said:

 

12 hours ago, Muttsy said:

Anderson

What background about "Anderson" can you provide?  Many may not understand the reference, nor do I.

 


Jeff has been around the block more than a few times. His focus has been on the Catholic Church for decades but he has several hundred scout clients in NY, NJ and CA where he focused his ad buys. He’s represented several high profile clients and been in high profile cases like Penn State and the MSP ARCH bankruptcies. 
 

He’s a real showboat often over promising and under delivering. We’ll see what happens today at his presser. 
 

The expected and intended defense has a high evidentiary bar. It is more than gross negligence. Generally it requires an intent to cause the harm (here the abuse of children). 
 

with BSA it was an intent to prevent scandal and lawsuits. The consequence was the rape of boys for many generations. How close to the line will the whistleblower’s testimony go? 

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14 hours ago, leedavid815 said:

I have bookmarked the modified Fifth ammended Chapter 11 Plan to make it easier to follow. The one being sent will be too small to read without special software (4 pages to each of both sides of paper.  Bookmarks are designed to work best in  whole page view many bookmarks are on the same page. If any bookmarks are wrong drop me a note here.

this is not current sse my next post

345862489_MODIFIEDFIFTHAMENDEDCHAPTER11PLANOFREORGANIZATIONFORBOYSCOUTSOFAMERICAANDDELAWAREBSALLC.zip 9.29 MB · 9 downloads

 

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4 hours ago, Eagle1993 said:

Looks like the TCC removed themselves from the claims aggregator discovery.  I found that a bit interesting.

Nope, just a procedural change due to the circumstances.  They serve subpoenas instead of filing motions in this instance so they're still participating.

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Next three key dates in the bankruptcy:

  • TCC townhall on October 14.
  • End of Exclusivity on October 18 (and what I would imagine would be the TCC filing its plan THAT DAY or the next)
  • Next Omnibus hearing on October 19. No agenda so far, but I suspect there will be some activity regarding discovery requests and such

 

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Lots of info to try and digest.

Question though:  Are the amounts required from the councils locked in concrete?  Seems like that could blow up and be reopened.  

Thanks to those who continue to track this.

 

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5 minutes ago, PACAN said:

Lots of info to try and digest.

Question though:  Are the amounts required from the councils locked in concrete?  Seems like that could blow up and be reopened.  

Thanks to those who continue to track this.

 

No, not locked in concrete.  A council could always give more of their own volition...but they won't.  And even if they did, it would probably only be used to reduce the share of the other councils. What's the current total to LC's...$600M?

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