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Chapter 11 announced - Part 12 - District Court


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53 minutes ago, MYCVAStory said:

the Official Committee of Tort Claimants’ will hold a meeting

It’s so odd to me that we have not heard anything from the TCC in a long time.

I emailed them a few weeks ago and wrote: it’s been a month since the ruling, you’ve noted in the past that you’ve been locked out of negotiations, we are interested in what you think about the ruling, can we get an update?

No response. 

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Omni created a new docket for the appeals here:  Consolidated Appeals of Confirmation Order Lengthy scheduling order is here:  https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/e4a87bc5-4

It has been a while, but it feels like we are getting close to the end (or the beginning of the actual trust). It doesn't seem like District Court is pushing to overturn.  In Purdue, the confirma

This Christmas Day, Peace On Earth. And be blessed to find Peace in your soul. 

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23 hours ago, MYCVAStory said:

Virtual town hall meeting on September 15, 2022 at 8:00 p.m. (Eastern Time).

Not sure how many of you logged on for the gathering, but it was informative and anything but celebratory. Just as I anticipated. TCC counsel advised the effective date is 6-18 month out, reasonably. I go with the outside, given the timelines so far. If more dawdling, wrangling, lack of settlements with the holdout insurers and etc., it could be more worser. Wee...

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1 hour ago, ThenNow said:

Not sure how many of you logged on for the gathering, but it was informative and anything but celebratory. Just as I anticipated. TCC counsel advised the effective date is 6-18 month out, reasonably. I go with the outside, given the timelines so far. If more dawdling, wrangling, lack of settlements with the holdout insurers and etc., it could be more worser. Wee...

Yep.  The wheels of bankruptcy grind on, slowly.  The key for Survivors is to get this "effective enough" so that some funding can roll into the trust so it starts to get operational.  The Trustee and named claims administrators need to hire their own staffs, or at least get them in the on-deck circle, and start the work on procedures so that when, fingers crossed, there are no more non-settling insurer appeals the Trust can hit the ground running.  But yeah.....6-18 months.  I remember hearing that 2,200 claims were from people over 80.  I can't help but wonder how many won't be with us by the time this is over and maybe that will be an incredibly important contribution; the biggest reminder of why Sexual abuse should NOT be dealt with in bankruptcy court.

 

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Just wondering:  Can any of the remaining work, such as vetting claims be done while this is pending in court?  In a civil suit, there are settlement-related issues an attorney can address far before settlement (liens and so on).  So what about this bankruptcy?

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On 9/16/2022 at 1:33 PM, ThenNow said:

TCC counsel advised the effective date is 6-18 month out, reasonably

So take the over on my 9 month guess.  Hopefully BSA has a record setting recruiting year.  I'm not 100% convinced they can last 18 more months in bankruptcy without some major cash infusion or a big recruiting surge.  Hopefully the pace of bankruptcy legal fees drop.

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I'm sure this is too good to be true, but it says it applies retroactively.  Question for the legal eagles: Does this change anything or is state law what matters?  Does it apply to claims currently out of sol?

From Congressional Budget office:  

S. 3103 would eliminate the statute of limitations—currently set at 10 years—for a minor victim to file a civil action to recover damages for several federal crimes against minors, including sexual abuse, trafficking, exploitation, and pornography. The act would apply prospectively and retroactively, allowing civil suits to be brought against entities for actions committed more than 10 years ago. As a result of the changes, CBO expects that individuals would bring additional suits in federal courts.

https://washingtonpress.com/2022/09/20/biden-child-sex-abuse-law/?fbclid=IwAR1aKSKiuvCzc93ZQJZNc5amPmm-4WIORGklKBdF24u16H9k65QjJjtt89Q

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15 hours ago, Eagle1970 said:

I'm sure this is too good to be true, but it says it applies retroactively.  Question for the legal eagles: Does this change anything or is state law what matters?  Does it apply to claims currently out of sol?

From Congressional Budget office:  

S. 3103 would eliminate the statute of limitations—currently set at 10 years—for a minor victim to file a civil action to recover damages for several federal crimes against minors, including sexual abuse, trafficking, exploitation, and pornography. The act would apply prospectively and retroactively, allowing civil suits to be brought against entities for actions committed more than 10 years ago. As a result of the changes, CBO expects that individuals would bring additional suits in federal courts.

https://washingtonpress.com/2022/09/20/biden-child-sex-abuse-law/?fbclid=IwAR1aKSKiuvCzc93ZQJZNc5amPmm-4WIORGklKBdF24u16H9k65QjJjtt89Q

It's still only going to apply to cases that can be brought in Federal court, which is generally going to mean it needs to have either involved crossing state lines or happened on Federal property.  It's not impacting the individual SoL of States.

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And so it begins.  The exact appeal many have said will be a sticking point. I wonder if US Trustee will file the same appeal?

Another bankruptcy related note, I have noticed all LC's in my area pushing the Jamboree very hard. Wonder if national sees it as a cash cow?

Past ones were not given this much attention.  

One last note LC hiring is in full swing. My LC has added 10 FT positions in the past few months, many new ones they have never had before.  They are at 40% membership from 5 years ago. How do they fund all this and still have a bankruptcy contribution?

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When the National Jamboree was held near Washington, DC at Fort A. P. Hill, the BSA would make a substantial profit.  The profit at the Summit located National Jamborees has been modest.  Sign up is really lagging making arrangements for transportation more costly on an individual basis if one cannot fill a bus.  
 

Councils will have had to fill their method of making a trust contribution so that budgeting has been done with funds ready to send once this gets out of Federal District Court.  Some councils are seeing significant growth (ours in the 30% range) so some are hiring anticipating growth.  
 

Some councils laid off nearly their entire staff so they have considerable need for more staff.  My council avoided layoffs so has only filled vacancies. 
 

As my council has seen significant growth, it has not translated into a return to normalcy.  The youth and volunteers are not signing up for activities in advance though attendance picks up right at the very last deadline.  This is making planning very challenging.  

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59 minutes ago, vol_scouter said:

When the National Jamboree was held near Washington, DC at Fort A. P. Hill, the BSA would make a substantial profit.  The profit at the Summit located National Jamborees has been modest. 

If memory serves, the 2019 World Scout Jamboree was a net  loss for BSA.

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1 hour ago, Eagle94-A1 said:

If memory serves, the 2019 World Scout Jamboree was a net  loss for BSA.

Yes,  NewWorld19 LLC lost $2.8M. BSA was manager, current agent, and registrant of NewWorld 19 in Texas and by agreement is on the hook for debt and not the other hosts and managers of NewWorld19 - Canada and Mexico.

"Under the terms of NewWorld’s operating agreement, BSA paid all of the expenses of planning and operating the 2019 World Scout Jamboree and was entitled to the revenues derived from the 2019 World Scout Jamboree."

https://www.scouter.com/topic/31928-chapter-11-announced/page/29/?tab=comments#comment-514764

 

... but I digress, back to OP please

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2 hours ago, 1980Scouter said:

Another bankruptcy related note, I have noticed all LC's in my area pushing the Jamboree very hard. Wonder if national sees it as a cash cow?

Not sure if it is being pushed more for the propective revenues or due to the fact that I was told by one of the higher up in my council that the bankruptcy court told BSA it cannot show negative balance for the event.

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