Eagle1993

I really question this for TCJC. Basically, nearly every single boy in LDS was a scout. Since all LDS wards were COs, I wonder if TCJC sees this as a path to deal with 100% of all male sex abuse. The judge needs to be careful here ... LDS is very unique.

I think there could be a major issue. TCJC releases. What if you have a Ward leader who abuses a youth within the Ward as both a Scoutmaster and a leader within the ward. The TCJC believes this bankruptcy deals in total with that youth (since it involved scouting at some point). It is not clear that can be allowed. TCJC said they would never contribute the amount they did if that isn't the case.

I have spent years signing up adult leaders. While it is slightly better, it involves chasing down paperwork, chasing down signatures, chasing down money and a bit of a repeat every year for recharter. I just signed up to be a high school mountain bike coach on the NICA site. The Team Coach sent me a personal link. That ended their interaction/involvement. I completed all of my documentation online, including my health form and insurance info. I completed signing various wavers on line. I submitted for a background check online. I know the company who did it. I already know the results (1 hour later). I have an account to follow up if needed. I paid for this directly $38 and it includes a monthly check. I was able to see I passed a DOJ Sex register and some other checks. I can also use this for other orgs now (FIRST Robotics used the same company). I submitted my payment (only allowed if background check passed). $25 for registration During payment, they ask for an additional donation (optional). Now my training is available ... right on the same site, very easy to interact with. Required training is concussion (annual), Coach license level 1 (every 2 years), NICA Philosophy and Risk Management (annual) and Athlete Abuse Awareness Training (every 2 years) It was fast, clear and rather painless. The team head coach didn't need to sign off. I didn't have to list a bunch of stuff on a small form of references that no one will call. I certainly hope BSA is looking at other organizations on the future of signing up adult volunteers. There are groups out there that are far smaller that give a much better onboarding experience while limiting the demand on existing volunteers.

In court, BSA lawyer said it is critical for BSA to exit bankruptcy by summer as they run completely out of liquidity by then. They have agreement to receive a loan (I believe from a trust) to deal with their cash flow ... however, that can only occur if BSA exits bankruptcy.

Judge seemed very sympathetic to their points and didn't like BSA's response. Basically the GSUSA is expecting at least $17M. The insurance BSA set aside for them has limitations that will likely prevent that payout (even if GSUSA wins in court). BSA's point is their case sucks and there is no chance they are going to win. The judge basically that may be true but you still need to be ready in case they do win. Or.. she may just say district court's decision makes it highly unlikely for GSUSA to win so let's move on.

I have yet to see a single one of their arguments land. I think at one point Wollf talked for an hour (perhaps it was less, but it seemed like an hour). No questions from the judge just a thank you. The times I see a lawyer winning some points is when I see the judge more engaged. If you talk for an hour and just get a thank you ... To be fair, the DOJ also typically just gets thank yous but at least he only talks for 5 mins.

I think I fixed it correctly.

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.

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.

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.

After two full days of closing, the judge summarized the 1 issue (so far) she has to decide. - Are the TDPs fair based on the evidence presented - Should she even decide if they are fair That's it. I think the fraud arguments, venue arguments, bad faith, etc. all failed to land any punches. Now, there are more arguments coming up ... but so far, I think she is looking at narrow issues of law.

I'll argue they do far better than BSA in K5 - 5th grade. 6th - 12th grade GSUSA faulters unless you have some great Troop leaders. Also, talking with several of my den leaders who are also GSUSA leaders .. GSUSA is much cheaper AND simpler to run than BSA units. Most of our GSUSA Troops have thousands in the bank by 5th grade. I wonder if BSA should consider the GSUSA model for K5 - 5th grade and keep the Troop model for 6th - 12th. I thought this was interesting as it happened yesterday. My daughter just took her annual GSUSA survey. They asked ... what would you say to a friend who isn't in GSUSA about GSUSA. She answered that all of her friends are already in Girl Scouts (which is true). Then they asked what would be one thing she would change with the program. She wrote ... let boys in.

Based on the judge's comment yesterday, there is a 0.0000001% chance any further vetting of claims will be done before plan confirmation. Vetting will be done during trust distribution (except for $3500 payout).

To restart a new plan, go through voting, etc. could easily mean they would remain in bankruptcy through 2022. Their cash is near $0 by September and that assumes they can back off on bankruptcy expenses. It was interesting as it was the first time I heard anyone say it, but it seems clear, if this plan completely fails and is rejected, BSA will likely have to choose Chapter 7. Christian did give the judge a path to approval though ... I thought that was interesting. At least on the issues he raised today.

BSA counsel just said that if this plan is denied it will result in liquidation of BSA.

The judge also stated ... we have 82,000 claims and they are not going away. We have to deal with them.

David Christian closing out ... at age 15 I was the SPL and age 30 I was Cubmaster of my son's pack. We are not here to end the BSA. We are here to protect our client contract rights.

I find these arguments making more impact. David Christian, lawyer for certain insurers, said ... we recommend you reject the plan and send it back to mediation. However, on that continuum, if you don't do that, at least limit essentially how much you back this plan to allow some of these issues to be addressed during the trust process.

Ok .. it looks like a lawyer clarified why the settlement term is so important. They want the ability to fight claims from the trust in state court. They don't want the settlement and fair determination to come in now as it could limit their defense in the future.

The certain insurer lawyer finished up on big aspect of their objection, that the deal wasn't negotiated in good faith. The ending was interesting. Doren, the lawyer, talked about being a boy scout from 10 - 18 and one of his proudest moments was earning Eagle Scout. He and the certain insurers do not want BSA to fold. They want BSA to exit bankruptcy, but with an appropriate plan. (per them, this plan isn't acceptable). I only listened to 15 mins or so, and there were almost no questions from the judge. Would be interesting if she asked about any aspect of his presentation.

I don't think she was going to give much weight before and now almost none. What claim do they now have? A potential claim IF they win in appeals and then IF that appeal goes back to district and then IF they win there. By the time they finish all of that, I expect whatever insurance rights they were going to have access to would be exhausted paying other claims. The judge knew closing on the bankruptcy case was happening. I'm sure he wanted to dismiss their lawsuit before the hearing was over. I don't think the timing was accidental. We will see .... I hope to be watching with the GSUSA lawyer completes their closing. I could see the judge asking ... ok, your lawsuit was dismissed, so can you please explain what exact claim you have?

Judge tosses Girl Scouts' recruitment suit vs. Boy Scouts (yahoo.com) This should toss them out of bankruptcy as well. It was a garbage lawsuit about an organization upset BSA started accepting girls. The good news is that on the ground, BSA & GSUSA volunteers kept working together. My pack & a few GSUSA groups just a few months ago had joint activities.

Just joined and heard a Pro Se claimant indicate John Roberts (yes the supreme court's John Roberts) has accused him of Treason? Sounds like he has a very interesting story. 1972 John Roberts moved into his house, intercepted a communication from the Pope ...

My thoughts from what I saw from the 1st day (I didn't listen in all day so may have missed key updates). Bad faith ... I expect that objection will fail. Judge almost said as much. Venue location ... objection will fail Is TDP a settlement ... my understanding is this is mildly important to help provide more power over insurance companies. ... tough to say, judge pushed back on this; however, it seemed like Dr. Patterson (sp?) made some progress arguing this later on. Fee for independent review ... judge didn't ask many questions, but she may when someone argues in favor of it TCC lawyer went on a while about how important this case is to resolve the claims and that tort is a bad substitute ... the judge responded I understand your non technical summary of this case. Seemed to be a bit of a shot. Those who want the whole case thrown out or the plan blown up are not winning any arguments. I think this is more about details within the plan structure.

Lauria done & court done for today. Judge had no questions. Now Patterson defending $20K fee. Many arguments including the fact the trustee can waive the fee. No questions from judge. 11AM tomorrow Done ... this is going to go well into next week.