Eagle1993

TDP (Boy Scouts of America Trust Distribution Procedures for Abuse Claims) Findings ... ... she will not find the TDPs as "fair and equitable settlement of Abuse claims" as she does not see a need to do this to confirm the plan. ... she will not find the TDPs under Historical Consistency Finding. Again, she doesn't think she needs to do this to confirm the plan. ... she will not find the TDPs under "The Binding Finding" ... unnecessary ...she may agree to "They Allowed Claim Finding" .. however, needs an update .. she will not find the TPDs under "The Good Faith Finding" Basically, she is punting the TDPs to future litigation as needed. Major win for non settling insurers.

She rejects the third party releases for TCJC (Church of Jesus Christ of Latter-day Saints} as they went too far. That is why she is excluding their $250M settlement as she expects that may change. The issue is TCJC were attempting to clear out mixed claims. She is ok clearing out pure scouting abuse from TCJC, but mixed claims are a bridge too far. So ... "... I decline to approve the TCJC (Church of Jesus Christ of Latter-day Saints) Settlement."

She concludes that there is statutory authority to grant third-party nonconsensual releases. She goes through pages and pages including discussing Dr. Kennedy & Mr. Meidl's moving statements in support of the plan. In the end, she believes this case the releases are allowed. Major hurdle cleared here.

A bunch of more objections by Lujan were denied. So far, (page 120 of 281) there is 1 major issue. BSA cannot transfer the Guam abuse insurance rights to the debtor until the Guam bankruptcy concludes or that court addresses the issue.

7) The settling insurer settlements meet the standard required. Each insurer met the standard vs Ms. Gutzler's analysis EXCEPT Century. However, two points. BSA & Century were litigating coverage before bankruptcy & there is doubt if Century can pay more anyway. Plus, TCC, Coalition & FCR approved it. First Issue: She cannot approve the sale of abuse insurance policies in Guam. The Guam bankruptcy court blocked it during the Archbishop bankruptcy there and based on a review of law. A win for Lujan & Guam...

It is very long! Will attempt to summarize her findings: 1) She agrees with the Bate's estimate of $2.4 - $3.6B. 2) She agrees with the insurance expert that potential allocation to solvent non-settling insurance companies is between $321,319,886 and $400,546,854 and total limits of coverage potentially available is $4,295,878,628 and $4,404,844,433. 3) Based upon 1 & 2, the judge concludes that if the plan is confirmed, direct abuse claims will more likely than not be paid in full. 4) She CANNOT approve the $250M contribution from TCJC (Church of Jesus Christ of Latter-day Saints) because, of a release of non-abuse claims. 5) She also excluded contributions from other chartered orgs. for her analysis of #3 as there is nothing to really estimate a contribution 6) She also exlcuded Pachulski Stang's contribution of 10% of fees. Regardless, she believes direct abuse will be paid in full. ... more coming

Opened up new thread here Locking this one down.

Well, we have an opinion on the docket. From my brief review, it is not an approval; however, not a full rejection. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/9ba8739e-283b-4ce4-b328-5a1eda289f30_10136.pdf Please keep the discussion civil.

The most violated rule in all of scouting is the charter org agreement. From training to product sales, many charters are not following the agreement. I think if units want to see councils crack down on rules, there are many rules not currently heavily enforced. Just start reading all of G2SS. Personally, I do agree with you. BSA should not have any rules they don't intend to fully enforce. That would probably prevent them from writing unnecessary rules.

It is definitely confusing.

I have one transgender youth in my Troop (who is life and is working towards her Eagle). By having a very closely linked Troop, it has greatly simplified this change. From my experience, gender has a bigger impact on scouting than sexual orientation (which actually rarely if ever comes up). Sexual orientation, to me, has no real impact on scouting. The issue with gender is shared tents, showers, separate units, etc. Talking with scouts, full transgender is still actually pretty rare at schools; however, from what I have seen, the use of "they" is more common. As a SM, what do we do with scouts that identify as "they"? I am still a fan of allowing single gender units. For example, if you are a boy only unit and one of your youth members comes out as "they" or a "she" then you can help them find another unit to work with. Similar for an all girl unit. That said, units who are willing, should be allowed to simply welcome all scouts (and not attempt to form several different Troops just to accommodate the different genders). I do expect that in 10 years or less, assuming BSA survives, units would have to apply to be single gender and default to all genders.

Several councils have kicked off pilot programs for coed dens. Feels a bit odd as many if not most coed packs I know of already operate this way. https://colbsa.org/familyden/

I've never heard this. I struggle to get enough adults to come to camp already... High adventure hasn't been an issue. Summer camp, they scatter.

I'm not sure about Summit, but BSA pay for staffers is far less than other summer camps in my area. Talking with some, camps are paying around $800 per week for staff. My daughter has gone to several camps and there appears to be no shortage. BSA needs to learn about capitalism.... If you want staff, you need to pay. These kids have options for summer jobs. Now, that also means you probably make less profit from summer camps and likely need to charge more. My BSA summer camp also had shortages of staff, the major impact was the riffle and shotgun ranges where they didn't really have much of an open shoot.

It's all over. All lawsuits dropped. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/b530ab19-6224-4f25-af12-fa7a92aa4b01_10117.pdf

Yes, they have a staff.

Bankruptcy Professor Melissa Jacoby just tweeted out thoughts as to why the BSA plan hasn't been approved. I found this to be a good summary that could explain. As mentioned, perhaps the judge is being very careful to ensure district/appeals approves the plan AND no one takes this plan as precedential where it is not intended to be. That plus the possibility where it is not an all-or-nothing could mean this is a very complex ruling that is just taking 3+ months. In case, good to see an expert weigh in.

https://www.courthousenews.com/second-circuit-looks-askance-at-6-billion-oxycontin-settlement/ There is this... I don't think she can call up the judges ... but if she watched the hearing, perhaps she saw comments from Judge Lee and Judge Wesley and thought ... uh oh.

Let this sink in. Purdue Pharma, complex case, had confirmation hearings in mid/late August 2021. Judge Drain did a 5+ hour ruling approving the plan September 1. Days after the last hearing. That plan was rejected by district December 16. So, 3.5 months to get a ruling from the bankruptcy judge, have that plan then reviewed by district and rejected by district. The BSA plan is already at 3+ months post confirmation hearing and still no decision. This seems very odd. Perhaps a bankruptcy lawyer can explain how common it is for a judge to not rule for 3+ months after a confirmation hearing where other complex cases are able to go through both the judges ruling and district court review within that same time period. The only reason I have heard that may make sense is if she heard something during the Purdue appeals court hearing (back in April) that gave her pause. There could be other reasons, but I haven't heard a good explanation. She definitely doesn't want this plan to be rejected and if the appeals court either rejects or approves Purdue, she could use that language as guidance on the BSA plan. That should help avoid loss at appeal. In any case, only she knows why it is taking this long. Hopefully we hear an answer soon. Claimants need to start the next steps of closure and BSA needs to implement their post bankruptcy plan.

No idea. Heard rumors the judge is waiting to hear appeals court ruling on Purdue. If that isn't the case, it doesn't make sense. I wonder if she has everything ready except the third party releases.

Big issue is Cub Scouts. I would love to know that number. It recovered some post Covid, but I think we will struggle with numbers as the Covid dip starts hitting Troops. 667K seems incredibly low...

Will keep this locked until we hear more news to discuss. The hearing for July 20th was cancelled at the request of BSA and non settling insurers. Next schedule hearing is August 24, 2022.

I have found my scouting history, Indian Lore MB, OA (with full regalia), attending Pow Wows has helped me develop a great respect of NA people and culture. I have told my scouts the story of how my BSA experience led me to protest against our University mascot. (I was ready and excited to see the "authentic" mascot, only to immediately see the costume used was not authentic to the tribes in our area and the "dance" was Hollywood from the 1930s). While BSA isn't perfect, a lot of the regalia and dances are much more authentic than what is out in larger society and I think it built a health respect of NA culture. I would love to see BSA & OA strengthen partnerships with tribes. I think it would be great for both. Unfortunately, at least in discussions with my scouts, the die has been cast and they don't seem to see the regalia or ceremonies in the same light I did 30-35 years ago. As I mentioned, they see it as a minstrel show. I know we are a large country, so what I hear from my scouts likely differs from other Troops. In the end, it is a good idea to ask lodges to work directly with local tribes ... I am just not convinced that will work throughout the country.

The council call out I went to had no regalia. Apparently a local tribe objected when asked. They still put on a good ceremony. I personally liked what an older scouter said before we headed to the OA call out. He emphasized cheerful service and that it was an honor to be elected to the OA. That OA represents the best of scouting and those chosen for the honor should continue their cheerful service. OA seems to be in serious trouble and I question it's long term viability. Our council OA meetings are an hour away. Our council camp doesn't have a Scouts BSA program and is over an hour away. Building a service organization that does anything more than 1-2 events a year is tough as council camps are sold off and councils merge, expanding OA lodges across wide expanses of the state. Most of my scouts preferred OA call outs to not have regalia. They seemed open to if if a tribe was partnered with the lodge ... but several compared prior (regalia based) OA callouts to minstrel shows. First ... I think OA needs to figure out the 1 lodge/council situation. When we go to 80 councils (or there abouts) post bankruptcy ... 1 lodge/council doesn't work. I almost think we should have a lodge per district. Second ... Perhaps OA isn't just or primarily dedicated to service of council camps. That worked when councils have several camps, many of which within a short drive. Council camps are being sold off left/right ... OA should broaden their service. Third ... If there is a tribe that works closely with the lodge, great. Otherwise, figure out a non NA version of ceremonies. Don't just copy the NA version without regalia. Use it as an opportunity to use scouting history ... referencing great scouts of the past. Dress in full Class A uniforms. I could imagine some impressive ceremonies that are based on scouting history. Finally ... Make OA more visible during camporees and other council/district activities. It seems like I only hear of OA during election & callouts. Hopefully OA adjusts. They are a great organization, but have a lot of headwinds. We will see...

I would look at the omnibus hearings as just a monthly meeting in front of the judge. It is on everyone's calendar so if an issue isn't urgent, it could be addressed in the omnibus hearing. If there is nothing to cover, it can be cancelled. If something is urgent, another hearing could be requested. I don't take the schedule of omnibus hearings as indicating anything about the timing of the judge's ruling. I think BSA can survive until October but they are running out of cash and need some amount just to handle payroll and legal fees if they go Ch 7. At some point, they will run out of cash. I think you will see signs, such as canceling Jambo, before they would announce Ch 7. I haven't seen any concerning announcements yet.