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


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Follow up from the AR press conference. Just skimmed through this. Oh, the irony. The Coalition is shielding itself behind an anon Eagle Scout who makes his case for the future of Scouting. BSA is shielding itself behind the Coalition. “See, they represent all these survivors and they like it!” Do “they”? I don’t think so. Not even the Coalition really knows who their “they” is, do they? 
 

https://arktimes.com/arkansas-blog/2021/10/21/as-sex-abuse-victims-consider-a-settlement-boy-scouts-of-america-weighs-in

 

https://arktimes.com/arkansas-blog/2021/10/20/some-arkansas-victims-of-boy-scouts-sex-abuse-scoff-at-what-they-see-as-an-insufficient-settlement-offer

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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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38 minutes ago, InquisitiveScouter said:

Hasn't that train left the station??? 😜 

Well ... everything is relative.  If you take a look at some bankruptcies, you are talking 5+ years of litigation depending on how much fight you want to put up (on both sides).  We are only approaching year 2.  This is a very complex case.

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One topic I thought I would mention from the TCC's townhall is what they expect to happen if the plan is rejected.  There are really three options for the BSA.

  • Exit bankruptcy with no deal.  I think at least one church threated that recently (and didn't follow through with that threat).  Basically, BSA can exit with no deal and then the individual claims would be pursued in state courts.  BSA would have to pay millions in legal fees to defend these lawsuits.  TCC doubts BSA will pursue this path and I tend to agree.  
  • Declare Chapter 7.  BSA has this choice.  If they choose this path, a bankruptcy trustee takes over the BSA and the BSA no longer exists going forward.  The trustee would take over all HA bases and plan to maximize the return for the creditors.  No HA bases, no IP, etc.  TCC doubts BSA will purse this path as they don't think BSA would want to turn over Philmont to the trustee.  I also agree until BSA really does run out of $ which I think is much later than March next year based on their financial disclosures.
  • Negotiate a new plan.  TCC believes this is the most likely path.

 

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27 minutes ago, Eagle1993 said:

Negotiate a new plan.  TCC believes this is the most likely path.

Yes. I think critical to this point is the examples given by The Stang (who was on fire, btw). One, the MN Diocese where competing plans didn’t get approved and they immediately proceeded to make a deal more favorable to the survivors. Did they go 7? No. Better deal for survivors. Point made and taken. And, two, BSA struck a desperate turd of a deal with The Hartford, later discovered it was an albatross, tried to bail, the judge said no, and in the cross-fire The Hartford saw just how despised the deal was. Result? They miraculously came up with more money. And quickly. Did they go to court and draw out the process further? No. Better deal for survivors. Well, “better” is relative since “you can’t polish a turd.” Point made and taken. Amazing how this works, ain’t it? The better deal for survivors part, I mean, not the turd polishing. Don’t think to much about that because it’s pretty disturbing, as is appropriate for The Hartford’s sickeningly “sweet” deal.

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The Hartford piece is about half of what Century Chubb will need to pay if there is to be congruence. Remember that there were multiple insurance coverage lawsuits pending when the Ch 11 was filed. It was a big mistake to not move for relief from stay last year in those actions. Those cases would have provided clarity for all the stakeholders now. In a case this complex, clarity of some kind must take place. The only piece of clarity that could shake up the carriers, LC’s and charters is a resounding NO vote by the survivors. 

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1 hour ago, Muttsy said:

The only piece of clarity that could shake up the carriers, LC’s and charters is a resounding NO vote by the survivors. 

Ok. So, as I have seen and expect from future town halls hosted by the TCC and Coalition of Abused Attorneys for Payoff, I think these are some keys:

1) apathy from some, perhaps many, who just don’t vote;

2) the potentially significant number who grab the $3500 exit ramp and take the Snagglepuss path to resolution, the calculation of which the judge is likely to reduce by some factor;

3) the high motivation to vote “Hey’ll NO!” by the likes of us survivors on this forum (and Kosnoffites); 

4) the ongoing absurdity of the Ken & Co. Late Show, which I believe is bombing BIG TIME. In my analysis watching and taking my glorious notes, that fuse was, is and will be lit by the contrived emotion and repeated fabrication of ill-motive and complacency by the TCC. Messa would bet the (“Hey’ll NO!” vote) ratings will likely bear it out; and

5) an increasing number of survivors will watch The TCC Is Me, where we get the straight skinny, fire breathing from the Stang and the sort of vulnerability and commitment to fight for ALL BSA SURVIVORS, as displayed by John and Dr. Kennedy last night. (Those very real tears and moment of clear anguish by Dr. K is very attractive (in the literal sense) and compelling for us. When I hear and see stuff like that, I am even more locked-in to believe those guys and track with their recommendation. Greater future attendance will translate to more “Hey’ll NO!”.

Also, if the media does what I hope they do (and have inklings they will), there will be a new clarion from articulate survivor voices popping out of our bunkers and getting fair coverage. That serves to add to our numbers and additional votes for the good guys. This is the thinking swirling around in my little brain, anywho. I predict caviar tears will fall and champaign dreams will turn into nightmares. So say we all? (Nod to Battlestar Galactica.)

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The Rothweiler video is DISGUSTING.  He expressly states that if your claim is not in an "open" state that you will receive nothing. Importantly, he fails to recognize the many thousands of claims that are in statute even in bad states because the survivor is still within the timeframe under the applicable statute. Also, he quickly throws in the trash all of the claims in Oregon, Washington, and New Mexico, which each have very liberal rules when comes to this point. He also fails to tell everyone that under the plan those in "closed" stated will receive as little as 1% - 10% of their claims after the statute discount, which does not take into consideration an underfunded trust. Plus, he never lets us forget he is a trial lawyer from Pennsylvania, presumes that all of those claims will be disallowed when he and his partners argued vigorously for very minor statute of limitation discount. The hypocrisy is beyond what I ever thought was possible.   SURVIVORS DESERVE SO MUCH BETTER THAN BEING MISLEAD AND SUBJECTED TO FEAR-MONGERING.

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1 hour ago, Muttsy said:

 

More of THE KEN SHOW starring KEN and featuring the SHYSTERETTES

 

I think this must be one of those deep fakes I hear about. No honest lawyer would actually say these falsehoods and fear monger to enrich himself at the expense of men who were violently raped as boys, right?

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FYI! I think Mr. TK has noted this, but from an official Forum poster. Read this and weep, Mr. Rothweiler!!

Just heard from a little birdie of my same type of feather that…

Thursday's TCC Town Hall....

will…

feature Michael Johnson taking questions from John Humphrey and Dr. Kennedy to further elucidate how ridiculously WEAK the youth protection part of this plan is. Ken & Brownie’s one seat on the board plan of salvation is pointless, meaningless and no measure of redress. Neither this plan nor that celebrated non-Phoenix will stop the abuse.  Tune in all ye who hear my voice, er, digital conveyance!!

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2 hours ago, MYCVAStory said:

The hypocrisy is beyond what I ever thought was possible.   SURVIVORS DESERVE SO MUCH BETTER THAN BEING MISLEAD AND SUBJECTED TO FEAR-MONGERING.

Note on this from the world of psychology and physiology, which we all pretty much know from our own study and my rants. Fear is an emotion/state that is a reaction to a threat, real or perceived. It typically produces self-protective responses, including increased flow of adrenaline and cortisol. Some of us fight. Some freeze. Some flee. And, many of us forget. When fear is used to intimidate someone toward danger, rather than away from it, this on its own fits squarely within the definition of abuse. If one lies to convince, lures with promises and instills fear to motivate, that is some bad juju right there. Let the fear mongers beware. Escaping into danger. I might write a play by that title.

By way of true scholars:

“The main function of fear and anxiety is to act as a signal of danger, threat, or motivational conflict, and to trigger appropriate adaptive responses…Ethologists define fear as a motivational state aroused by specific stimuli that give rise to defensive behavior or escape.” https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3181681/#__sec1title

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Curious. Can we promote scouter. Com and the tcc townhall meetings  on the various platforms such as HIS YouTube channel, during the q and a at HIS town halls and any where else we can to get other less informed survivors to be exposed to the truth of all this?  Run on sentence, I know.. 

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28 minutes ago, Life said:

Can we promote scouter. Com and the tcc townhall meetings  on the various platforms such as HIS YouTube channel, during the q and a at HIS town halls and any where else we can to get other less informed survivors to be exposed to the truth of all this

I’m not the arbiter of this, but I’ll note Mr. Kosnoff tweets with attribution to this forum. TCC town hall promotion is a public service. You can ask/post anything you want during their town crier events via Q&A, their site or email address. 

A guy I know found this in his email inbox. Curious.

Greetings,

You are receiving this message because you submitted a question to the Coalition during one of our recent Update Meetings. We were not able to respond to every question during the meetings. If we did not respond to your questions or we did not address them during the live presentation, please contact us at this address (BSACoalition@brownrudnick.com) to let us know how we can help. We will do our very best to respond promptly. 

Please also check out the Coalition’s website, www.ScoutingAbuseSurvivors.com. Sample documents and answers to frequently asked questions are provided on the site.

Thank you for your support of the Coalition and survivors of abuse.

Sincerely,

The Coalition of Abused Attorneys for Payoff [name changed to implicate the guilty]

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