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Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation


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There has always been an attitude that council and national office employees and boards are just idiots. Those employees don’t know the real world and we are not following their rules. It doesn’t matter if it is dodgeball, squirt guns, separate sleeping tents, bee keeping, swimming, or youth protection....there is always a group that will break the rules and do their own thing.

More Youth will be molested in BSA. 

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As the time that a vote total approaches, I encourage everyone to repeat the Scout Oath and Law several times to remind us how to treat one another.  There are victims here who wish for the plan

I just finished reading Bates' report.  Now I have a headache.  It's well-written, but a bunch of spin.  So we're too old to deserve a decent settlement?  While I get the sol issue, if a suit is valid

66% is the threshold for a bankruptcy.  However, WSJ was reporting even BSA admitted they needed 75% which they didn't reach.  There are two issues that the 73% causes. One will be with Silverste

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First matter ... Judge ruled to allow discovery to go forward.  Then after discovery, if insurance still has issues with the various lawfirms, come forward with what is with held.

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2nd agenda is about Kosnoff... there is agreement with his lawyer on the form of order with Century.  His lawyer will send to JLSS and then look to JLSS to sign and issue today.  JLSS said to email it to chambers.  She was very concerned by what she read.  She is clearly upset about something Kosnoff did.

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I would say the 1st ruling isn't really a win for the Coalition.  It does kick the can down the road.  The insurance lawyer said they are concerned as they found POC signed by both lawyers & claimants and they differed where the one signed by the law firm had more severe abuse ... they are questioning the validity of the claims.  Coalition lawfirm lawyer pushed back and while she doesn't have anything specific to rule on now, it seemed clear that there will be discovery allowed in this area.

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JLSS said the order is consistent with the order she was prepared to enter today.  She is troubled by what she read in the submissions.  In both the letter today from depositions.  She considers that Kosnoff has appeared in this case as he attended a deposition.  Mr. Kosnoff should not have been at the deposition.  He isn't listed as a participating party.  Not sure why he was attending at all.

This seems to be about the Twitter comments about BSA deposition.  He was tweeting about some aspects of what BSA lawyers were stating.

JLSS checked rules in Washington state and they are same as Delaware.  She said there was a case in Delaware, in 1994 case, what to do with Attny misconduct at depositions.

She is content to form of order and go from there with respect to actual complaint.  The complaint was filed under seal and some part of it could be public (make a redacted version) to put on the docket.

 

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2 minutes ago, Eagle1993 said:

So ... perhaps a hint.  Feb 22 is going forward.  Don't know if that means she is ok with 74% or not.

One has nothing to do with the other at this point.  The BSA can proceed with a confirmation hearing regardless of voting outcome.  Percentage of approval/rejection is one component of confirmation procedures and why it's expected to take weeks!

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2 minutes ago, Eagle1993 said:

Kosnoff told his clients to stand down.

"Stand-down." If that doesn't just sum this up this entire drama in two little, single syllable words I don't know what does. 

Stand-down: "a relaxation of status of a military unit or force from an alert or operational posture." 

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Just now, ThenNow said:

"Stand-down." If that doesn't just sum this up this entire drama in two little, single syllable words I don't know what does. 

Stand-down: "a relaxation of status of a military unit or force from an alert or operational posture." 

I may have just imagined the word "Stand-down" but it was pretty similar.  I think Kosnoff gets a bit emotionally involved and I understand that ... but you have to follow the rule of law.  I think he is in some serious trouble now and this is just a distraction to the bankruptcy.  

So .... we march to the Feb 22 date.  If this ends up in plan failure, what a waste of money.  It will just emphasize that bankruptcy reform is absolutely needed.  My only hope is that the depositions, discovery, hearings, etc. will get use to rulings that can then be used to get agreement on a plan that could pass.  However, there must be a lower cost and faster path to get to plans.  

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