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Chapter 11 Announced - Part 9 - Confirmation Hearing


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Today's testimony from Charles Bates was interesting to armchair tort lawyers such as myself.  Surprised to see how many claimants provided no information in their proof of claim: no unit number, no name of the abuser, not even a physical description.  I'm not sure it had a substantial bearing on the case, and I noticed minimal objections from the creditors.  His data was fascinating from an actuarial / finance point of view, however.  If this continues tomorrow I suspect the number of Zoom participants may drop below 300.

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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

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2 hours ago, JBWest said:

Today's testimony from Charles Bates was interesting to armchair tort lawyers such as myself.  Surprised to see how many claimants provided no information in their proof of claim: no unit number, no name of the abuser, not even a physical description.  I'm not sure it had a substantial bearing on the case, and I noticed minimal objections from the creditors.  His data was fascinating from an actuarial / finance point of view, however.  If this continues tomorrow I suspect the number of Zoom participants may drop below 300.

The upcoming questionnaire will require much more detail.  I wonder how many proofs were submitted on behalf of claimants that just didn't bother to interview them versus those who simply don't remember anything.

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I missed most of today, but Judge is asking why plan supporters are crossing Bates (BSA witness).  In 8 years on the bench, she has never had hearings where proponents have cross examined other proponent witnesses to undercut their testimony.  Never.  She said plan proponents must be very careful what evidence they put in front of her as she will have to then consider it during plan confirmation.  One BSA lawyer said this is ironic and she agreed.  

The judge looked very concerned about the direction this is headed.  She had Bates leave before asking the TCC & FCR why they were going to cross examine him.  Interesting...

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23 minutes ago, Eagle1993 said:

The judge looked very concerned about the direction this is headed.  She had Bates leave before asking the TCC & FCR why they were going to cross examine him.  Interesting...

Perhaps because if Bates' low valuations are accepted it could make it a lot more difficult to get at the excess insurance coverage in some years. 

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Listening to Charlie under both direct and cross, let's just say hope does not spring eternal as such might apply to my eventual award (or lack thereof). 

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1 hour ago, ThenNow said:

FCR is challenging the LC rep for the lowest scores on cross. His counsel has said, "Um. Er. Um." in every objection. Not pretty.

I wonder what the media will have to say about this. Sheesh. I would not want to attempt an overview or summary. His attorney looks like he has some undisclosed internal malady. 

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Can anyone summarize the cross examination from today?  What points did the objecting attorney’s hammer?  Thank u in advance. 

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A claimant started the hearing today and gave a very emotional testimony about his time in scouting and impact on his life.  It brought the trial back to what this is about, compensating abuse victims.  He also mentioned finding fellow survivors on a scouter forum.  I'm glad I was able to log in to hear his testimony.  

FYI ... it is still going on if you want to log on.

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I lost connection as I'm in the Rocky Mountains right now, but it sounds like he was on the survivors working group and was going through some of the negotiations.  

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I wasn't able to attend after part way through the survivor working group representative.  Reading through Prof. Jacoby's updates...

- Survivor working group was 15 members was a diverse group representing various races, ethnicities and sexual orientations. 

- FCR rep was up next, who believes 11,000 more claims will come in the future from current minors or those with claimants with repressed memories.  He believes the trust will need to operate for decades.  Objecting claimant lawyers indicated that this is a reason that claimants will not be compensated in full in addition to other concerns.

 

 

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