Jump to content

Chapter 11 Announced - Part 9 - Confirmation Hearing


Recommended Posts

  • Replies 319
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

Dr. Doug Kennedy made an impassioned speech to the court and asked the Judge to keep her focus on the survivors as she makes her decision(s).  Jessica Lauria thanks the court for the time devoted.   A

Annnnd....Judge has now said that she will give this another 45 minutes and pick things up in the morning.  Thus far the only clear winner in all of this is "Billable Hours."  

Missed this morning so far. Yesterday ... my takeaways. Bankruptcy US Trustee's path is clear .... go after the fact that some releases are being given with no contribution.  One o

Posted Images

One thing I noticed this week was discussion of the channelling injunction being extended.  My understanding prior to this trial is that local council protection will end at the conclusion of the bankruptcy proceedings (Spring 2022) or the LC payments into the trust (Fall 2022), but if memory serves it was argued that protection should extend until the trust distribution process gets underway, or until the trust is exhausted (ten years?).  Perhaps sharper legal minds than I noticed this and can comment on their recollection.

Link to post
Share on other sites
Posted (edited)
1 hour ago, JBWest said:

One thing I noticed this week was discussion of the channelling injunction being extended.  My understanding prior to this trial is that local council protection will end at the conclusion of the bankruptcy proceedings (Spring 2022) or the LC payments into the trust (Fall 2022), but if memory serves it was argued that protection should extend until the trust distribution process gets underway, or until the trust is exhausted (ten years?).  Perhaps sharper legal minds than I noticed this and can comment on their recollection.

The channeling discussion that is being discussed as part of the plan is just for chartered organizations other than the Methodist & LDS.  In the plan, there is a 1 year channeling injunction to give the remaining COs time to reach a settlement with the trust.  After that 1 year, lawsuits can proceed.

LCs are protected as part of the plan.  They are protected forever for claims prior to Feb 2020.

Edited by Eagle1993
  • Upvote 2
Link to post
Share on other sites
1 hour ago, Eagle1993 said:

The channeling discussion that is being discussed as part of the plan is just for chartered organizations other than the Methodist & LDS.  In the plan, there is a 1 year channeling injunction to give the remaining COs time to reach a settlement with the trust.  After that 1 year, lawsuits can proceed.

LCs are protected as part of the plan.  They are protected forever for claims prior to Feb 2020.

I thought that the UMC and the LDS would be protected forever for claims between 1976 and February 2020.  Is that not the case?

Link to post
Share on other sites
4 minutes ago, vol_scouter said:

I thought that the UMC and the LDS would be protected forever for claims between 1976 and February 2020.  Is that not the case?

Yes, I should have clarified.  The UMC & LDS are also protected (just like LCs).  The debate is around allowing the injunction to go for 1 year for non settling COs.  

 

  • Thanks 1
  • Upvote 1
Link to post
Share on other sites
51 minutes ago, Eagle1993 said:

Yes, I should have clarified.  The UMC & LDS are also protected (just like LCs).

Are you excluding from your assessment the Roman Catholic Church entities referenced in the March 17 term sheet?

Link to post
Share on other sites
35 minutes ago, ThenNow said:

Are you excluding from your assessment the Roman Catholic Church entities referenced in the March 17 term sheet?

Yes.  After looking at the term sheet and hearing discussions, it sounds like the Roman Catholic Church is not yet a participating chartered organization.  They simply no longer op out and no longer objecting to the plan.  Note there is still two diocese who are op out charter orgs (and I think 1 objecting).  I think Agana and San Jose are the two.

Link to post
Share on other sites
4 minutes ago, Eagle1993 said:

Roman Catholic Church is not yet a participating chartered organization.

Right. Not yet. I add it as a footnote. ;)  Partly a self-interested notation.

Edited by ThenNow
  • Upvote 1
Link to post
Share on other sites
13 hours ago, Eagle1993 said:

bra versionYes.  After looking at the term sheet and hearing discussions, it sounds like the Roman Catholic Church is not yet a participating chartered organization.  They simply no longer op out and no longer objecting to the plan.  Note there is still two diocese who are op out charter orgs (and I think 1 objecting).  I think Agana and San Jose are the two.

Not sure this is entirely responsive, but my Catholic Diocese sent an email to my troop that our Diocese was NOT part of the Catholic Ad Hoc Committee's "resolution" (such as it might be) and that the Parishes in my Diocese will not recharter units UNLESS Facilities Use Agreements are signed, (the Catholic version not the BSA version)  and abuse and molestation insurance coverage is provided-and there were specific insurance requirements.

Maybe Catholic sponsorship of BSA Scouting units is over.  Seems to be so for us.

Does anyone know of an insurance carrier offering abuse and molestation coverage for BSA units?

Thanks.

Link to post
Share on other sites

https://generalliabilityinsure.com/small-business/youth-groups-insurance.html

 

Abuse and molestation exposure is very high due to activities being focused on children. No coverage is available to the abuser. While there is some coverage available in the standard market for the youth group where the abuse takes place, it may be very restricted.

More complete coverage should be purchased through specialized markets. The youth group must take all possible care to protect children from predatory adults and older children through criminal background checks, training, monitoring, and supervision, and report all allegations of abuse to the proper authorities.

Link to post
Share on other sites
5 hours ago, InquisitiveScouter said:

https://generalliabilityinsure.com/small-business/youth-groups-insurance.html

 

Abuse and molestation exposure is very high due to activities being focused on children. No coverage is available to the abuser. While there is some coverage available in the standard market for the youth group where the abuse takes place, it may be very restricted.

More complete coverage should be purchased through specialized markets. The youth group must take all possible care to protect children from predatory adults and older children through criminal background checks, training, monitoring, and supervision, and report all allegations of abuse to the proper authorities.

Insurance companies, believe it or not, are only interested in money.  If I were underwriting BSA exposure, at least based on history and the current situation, there would be no way I'd sign off on the risk without a huge premium.  And the same goes for the Catholic church.  Granted, neither is able to cover up abuse as they could in the past, but the potential is still there and is going to be there.  I really don't know how you would even price the exposure.  One claim could cost millions.

Link to post
Share on other sites

The potentiaol is always there, but that is reality for any group involved with youth, and is less likely in Scouting in reality,l as has been discussed numerous times.  The real issue is the media putting the spotlight on certain grouops, even when statistically they are safer than others.  It is a refelction of our societal fascination with sensationalism of negative images of negative things in normally postively positioned groups and people.  And it also is relective our our broken legal system.  With that in mind of course, BSA needs to do everything possible to adhere to its safeguards, period.

  • Upvote 2
Link to post
Share on other sites
1 hour ago, skeptic said:

The potentiaol is always there, but that is reality for any group involved with youth, and is less likely in Scouting in reality,l as has been discussed numerous times.  The real issue is the media putting the spotlight on certain grouops, even when statistically they are safer than others.  It is a refelction of our societal fascination with sensationalism of negative images of negative things in normally postively positioned groups and people.  And it also is relective our our broken legal system.  With that in mind of course, BSA needs to do everything possible to adhere to its safeguards, period.

Reality does not support your opinion. Youth were particularly at risk in scouting for reasons similar to the Catholic church. The person BSA hired to oversee youth protection also said youth in scouts were particularly at risk because of the nature of the program. Failing to comprehend those risks only condemns us to repeat them. 

Link to post
Share on other sites
46 minutes ago, yknot said:

Reality does not support your opinion. Youth were particularly at risk in scouting for reasons similar to the Catholic church. The person BSA hired to oversee youth protection also said youth in scouts were particularly at risk because of the nature of the program. Failing to comprehend those risks only condemns us to repeat them. 

Denial of the dangers or feeling of comfort in the level of danger in the program also leads to a repeat of history. 

  • Upvote 1
Link to post
Share on other sites
Guest
This topic is now closed to further replies.
×
×
  • Create New...