Chapter 11 announced - Part 14 - Plan Effective

[Eagle1993]

14 hours ago, clbkbx said:

Just passed the five-months-from-oral-arguments that the Trustee’s indicated was the average time for a ruling from the Sixth Circuit. 
 

https://scoutingsettlementtrust.my.salesforce.com/sfc/p/#Dp0000016pkB/a/Uu000002c92j/T9hQYKF8KkVWWap2jPhb24vEUq0JduWSxLZZcZOAydk

I wonder if the length of time indicates which way they are leaning.  

[clbkbx]

On 4/3/2025 at 3:53 PM, clbkbx said:

April 1 update: average $534,599 per TDP claim.

May 1 update: average $557,053 per TDP claim.

• For the TDP, 47% claims determined and 25% paid (14,285 paid, 58,103 claims)
• For the IRO, 20% claims determined and 6% paid (14 paid, 217 claims) 

If the Trust were to stop here, just based on claims paid amounts (not determined), they would need just shy of $8B. I think that is getting near the max amount if all insurance companies settle. 

The average claim has increased each month (from last month, an increase of 4.2%, so above the COLA which I don't believe was applied the entire month). The COLA incurred to date (based on paid claims) is $190MM, but likely none of that will be realized in any way, it's just going through the motions. 

[RememberSchiff]

On 4/6/2025 at 1:36 PM, RememberSchiff said:

The LA abuse settlement still needs to be approved by both the county claims board and county supervisors, is a billion dollars more than what county officials had anticipated as the worst-case scenario to resolve a flurry of lawsuits — and far more than other organizations notorious for allowing unchecked sex abuse have paid victims.

Much more at source:

https://www.latimes.com/california/story/2025-04-04/in-unprecedented-payout-l-a-county-settles-sex-abuse-claims-for-4-billion

Update April 29, 2025: LA County Supervisors approved settlement which become the largest abuse settlement in US.

https://www.cbsnews.com/losangeles/news/la-county-unanimously-approves-4-billion-sexual-abuse-settlement/

Edited May 5 by RememberSchiff

[SNEScouter]

The Third Circuit has ruled.  Some seemingly minor changes to parts of the plan affecting insurers, but the appeals of Dumas & Lujan claimants are dismissed entirely.  

https://www2.ca3.uscourts.gov/opinarch/231664p.pdf

Media report: https://www.courthousenews.com/third-circuit-rejects-sex-abuse-victims-appeal-of-boy-scouts-bankruptcy-deal/

[Eagle1993]

Sent on behalf of Alison Schuler, Chair of the Bankruptcy Task Force and National Executive Board Member, and Joseph Zirkman, Executive Vice President and General Counsel of Scouting America.

 

Today, the United States Court of Appeals for the Third Circuit dismissed the widest ranging appeals of the Bankruptcy Court’s plan confirmation order, which were filed by a small group of dissenting claimants and holdout insurance companies. The Court’s decision is a resounding victory for survivors of historical abuse in Scouting, and it is the culmination of more than five years of tireless efforts by survivors, Scouting America, Local Councils, Chartered Organizations, settling insurance companies, and other stakeholders to equitably compensate survivors and preserve the mission of Scouting.

 

By dismissing these appeals, the Court has assured survivors that the Settlement Trust established under BSA’s plan can continue its essential work of providing financial compensation to survivors. The overall settlement fund for abuse claims is valued at $2.4 billion with the opportunity for additional contributions by numerous other parties, including the BSA’s insurers that have not yet settled. Since it was established in April 2023, the Trust has distributed more than $138 million to approximately 20,000 survivors. Today’s decision ensures that the Trust’s work can continue without interruption.

 

The decision also ensures that the organization can continue its mission of preparing young men and women to become responsible, participating citizens and leaders guided by the Scout Oath and Law. On February 8, 2025, on its 115th anniversary, the organization officially became Scouting America, reflecting its ongoing commitment to welcome every youth and family in America to experience the benefits of Scouting. More than a million young men and women currently participate in Scouting America’s programs, affirming the importance of Scouting and its values-based programs to American life.

 

Yours in Scouting,

 

Alison Schuler

Chair of the Bankruptcy Task Force and National Executive Board Member

 

Joseph Zirkman

Executive Vice President / General Counsel

[MattR]

That kind of ended with a whimper. I wish those that are involved all the best of luck.

[ThenNow]

Thank you for the well wishes. Truly. Though I'm still barefooted on the floor attempting to navigate the final stanzas of this treacherous waltz with Kaa (through shards of my life and the lives of others), I'll take any encouragement offered. 

So, 1908 days after the Chapter 11 filing and 1755 days after submitting my Proof of Claim, I received my Allowed Abuse Claim letter. Who's counting, right? Living through many forms of abuse starting at the age of 3, spent many years drowning in self-medicating techniques through diverse (and sometimes creative) maladaptive behaviors. Along the path I've had my share of so-called, 'out of body experiences.' I have officially added reading that letter to the list. Whatever that means to you and however you envision it, that was surreal. I meandered around for hours then days, experiencing more manic, sleepless nights thinking, writing and, again, trying to avoid feeling it all yet again.

The non-monetary narrative section placed me, appropriately, in the Tier One, penetration, category. Is that a "YAY!" moment? I suppose one celebrates such a thing, as twisted and morbid as that it surely is. The letter, signed by Randi Roth, the Claims Administrator, said in pertinent part:

"Allowable" Claim. The Trust assesses seven basic eligibility criteria to determine whether your claim is "allowable." They include: (1) your submission was timely; (2) there was no previous resolution of your claim in litigation or another process; (3) you stated the acts of abuse that were suffered; (4) you established your connection to Scouting and showed that BSA, a local council, or certain Chartered Organizations may have been legally responsible for your abuse; (5) you sufficiently identified your abuser(s) and your abuser's connection to Scouting; (6) you provided the approximate date of your abuse (or your age at the time of abuse): and (7) you provided the location of the abuse. Once the Trust determined that your claim was "allowable," the Trust turned to calculating the
"Proposed Allowed Claim Amount..

There are many aggravating factors listed in the TDP. In your case, ten of them applied: extended duration of the abuse; extended frequency of the abuse; you were exploited for child pornography; multiple abusers involved in sexual misconduct; adverse impacts to your mental health; adverse impacts to your physical health; adverse impacts to your interpersonal relationships; adverse impacts to your vocational capacity; adverse impacts to your academic capacity; and impacts resulting in your legal difficulties." 

Wee. I have been validated. More balloons, streamers, cupcakes, pink punch and party favors? 

The single Mitigating Factor applied was the dreaded Statute of Limitations, though they used the most favorable option since I was abused in three states. Still, per a very helpful and knowledgeable Claim Administrations Advisor, it's doubtful an attorney actual read and researched the substance of my argument for tolling of the appropriately abbreviated, SoL based on fraudulent concealment. That means I stay in the game and prepare my Request for Reconsideration of the tolling argument. For me, it's worth another at bat on this key factor in the final award determination. 

Thus concludes this grunt's update from the war zone. I have not yet found a DMZ. Please hold hope and carry on all of you survivor claimants, my friends and fellows, still out here with me.

Per usual, forgive my speed typos.

 

 

 

 

[mrjohns2]

@ThenNow Thank you for sharing the darkest moments anyone can imagine, but in the post, and in past ones. It provides perspective that many don't have. I kept wondering what you were thinking and if you had sworn off this site for good. Keep on, keeping on.

[Eagle1970]

@thenNow I'm very happy for you.  I was tier one, and reduced by 90% in Missouri (SoL).  But I don't ever wish ill on anyone who benefits more than me.  So, I am happy for you.  Thanks for your support and the very best.

[johnsch322]

19 hours ago, ThenNow said:

Please hold hope and carry on all of you survivor claimants, my friends and fellows, still out here with me.

Thank you so much for your update. I have thought of you often these past few years wondering how you were doing. I am glad to hear you are alive and kicking.

Personally, I am still in the waiting period to hear the value of my claim. I decided not to ask for access to look at the progress thru the portal as I believe it might trigger some anxiety. Instead, I have continued to work to keep myself busy and of course to make a few shekels. I am definitely ready for this phase to be over with so I can roughly plan the next decade or more of my life. 

I want to thank you for helping me feel like there was someone else riding shotgun with me in the first couple of years of this process. You will always hold a special place in my heart.

[ThenNow]

I'm sorry for that reduction, my friend. I really am. 

[ThenNow]

12 hours ago, mrjohns2 said:

@ThenNow Thank you for sharing the darkest moments anyone can imagine, but in the post, and in past ones. It provides perspective that many don't have. I kept wondering what you were thinking and if you had sworn off this site for good. Keep on, keeping on.

Nah. I hadn't sworn off just signed off while occasionally lurking off set. I was in and out reading updates but had nothing to say as the appeals processes and my claim review were grinding away. 

[ThenNow]

On 5/18/2025 at 2:22 PM, ThenNow said:

Wee. I have been validated. More balloons, streamers, cupcakes, pink punch and party favors? 

In fairness, I need to set aside my typical schtick and sarcastic banter for a second. I have a hard time grasping that there is no way I will ever know the folks who waded through and assessed my case and the massive sets of documents. At the core of me, I have must say to all that I am grateful. Grateful they spent the time. Grateful they were the ones assigned to my case. Grateful they believed me. When the words in the letter hit me, I realized I had been holding my breath since February 18, 2020. The racking sobbing I did on my wife's shoulder testified to that. And, I say again, whoever you are, however many of you there are, I am grateful for the 'verdict' you returned. Likewise, I am very sad for any who do not have the chance to exhale. Deeply sad.

-The End

[clbkbx]

16 hours ago, ThenNow said:

Grateful they believed me.

Hi @ThenNow, thank you for sharing  your experience. I went through the IRO and just received a settlement recommendation. Your "grateful" post struck me.

One aspect of the IRO that was difficult is that there were adversarial parties involved. So while no one didn't believe me, there was a lot of crap thrown at the wall to try to minimize BSA's exposure: look he's a functioning adult, no one ever told the BSA he was being abused, if there is any settlement recommendation it should be small and wholly attributable to the abuser, etc. They twisted the words in the reports by my therapist, they suggested my college-age struggles were because of my then girlfriend and they had rebuttal witnesses to disparage the experts' findings on my behalf.

All that said, to say: the Neutral wrote a thoughtful response that I'm grateful for. The settlement is what it is (and underfunded) but the parts I've read several times are about putting *everything* in context. I wanted to do the IRO mainly to be able to tell my story, to put it all out there and have it be judged. Validated, as you suggested. And now I'm done... there's not much more I can affect or prepare for. That's been the best part of it so far. 

To everyone still going through the process, all the best. 

[Eagle1970]

And congrats to you, as well.  In the end, absolutely nothing mattered other than the Statute of Limitations.  I am Tier 1 with almost all the aggravating factors.  But the administrator was adamant, no matter how much caselaw and settlements I showed, that Missouri was a 10% SoL state.  So, in the end, each of those factors that would have been very important in the calculation hardly mattered, as every one was reduced by 90%.  I am happy for you and others who can move on.  I will remain bitter towards this process as long as I live.  There is no peace and there is no justice for those who were abused in a state where the insurance companies and Chamber of Commerce can come in to the process and block a window from opening.  I no longer live in Missouri and as I watched this process and other local politics play out, moving away was a good step.  Ironically, I moved to a state which is 100% open.