Eagle1993

Roman Catholic Church ... last time the debtor said no reason to vote last time (per debtor) as plan got better. Now, 40,000 charters, have had the rug pulled out from them. This needs to go out. Time is needed.

US Trustee Proposing to change votes is inappropriate. We should call this the 6th amended plan. Disclosure statement is needed. Need to show how this improves plan for Class 9 parties. All they did is confuse COs. This is the no third party left behind act. New TDPs ... fee for independent review. No court in this country requires a filing fee of $10K to initiate a tort case. Attempt to change votes without consent .. slap in fast for survivors.

Insurance - what seems to go on ... claimants have taken over and now inflated claim values are being used. They are very upset. There were unapproved extensions already done. The plan is now worse and more objectionable. JLSS ... Discovery needed? Was hoping update would check boxes off of insurance list, but it sounds like it went the other direction. Insurance said ... yes your honor. JLSS ... Ok

Going through various updates. Insurance wants to adjourn until at least March 15.

Proposal from BSA: - TCC & Coalition and state court want to communicate to survivor community as whole and discuss with those who did not vote or voted against plan to allow them to approve plan. - Push start of confirmation to March 1 (from Feb 22) to allow time to revote - Debtors have 1 witness who is lead lawyer and would not be able to support ... so would want that witness to go. This Monday ... file Plan, TDP and Settlement Trust Agreement Thursday Feb 17 .... updated objection deadline (on updates to plan). Now that CO releases are changed for Pre 1976 - Feb 21 ... debtors & others file briefs in support of plan Feb 28 .. Abuse claimants to update votes to Omni Feb 28 ... Other COs to provide objections to changes in releases Feb 28 ... IF COs want to opt out, that is the day March 1 ... start hearing

Due to BSA liquidity, BSA can use proceeds of Scouting U to support BSA liquidity as they are running out of money.

Hearing started ... BSA starts by going through the updates Lots of thanks around. Many days, late nights, early mornings. Went through YPT updates ... BSA wants to be platinum standard Updated Abuse definition & added mixed abuse (that was always out there but now clarified) A big issue was how chartered orgs were treated in last plan. Not TCJC or Methodist. Pre 1976 if not included through settling insurance, they cannot just slide in. They have to settle or they are not protected. That was a major roadblock. Before they were all included New independent review process New trustee to be named Monday next week Document sharing was critical, especially for survivor counsel to ensure there is access to discovery. Term sheets talked Bates/White report & supplemental report. Creditors do not agree with Bates/Whites Debtors do not agree with Creditors They have agreed to disagree

My understanding is no. There are 3 paths running in parallel. The $3500 would be paid quickly. The other two paths (TDP, Neutral) would require longer. It sounds like TDP would be faster than Neutral, Neutral gives the highest possible payouts (or $0). However, probably clarified more when added in plan.

Insurance will fight the updated plan. 87292318-be02-41ca-a258-8d0b44a78386_8785.pdf (omniagentsolutions.com) They believe the confirmation hearing must be delayed. It is a substantial change, they need time to review, object, etc.

Lawmakers look to ax time limit for civil child sex abuse cases | Courthouse News Service US Senate is moving to remove SOLs to file civil charges in federal court. Big bipartisan support. If this passes, how does it impact the bankruptcy case? How does this impact liability of COs, LCs?

Bankruptcy professor is asking about the independent review option. I don't expect much in today's hearing as Silverstein seems very reserved until specifically asked to rule.

DOJ did create a new objection that was very long, but I tend to agree. If the judge didn't like where this was headed, she should have stopped it at the RSA. I see a bigger risk in district court. That said, she did mention concerns in certain areas of the RSA. I wouldn't be surprised if she changes some language in certain sections and tightens up the releases. However, I bet she lets the COs & LCs go through. This judge has been allowing nondebtors go through and I believe she was one of the first that did it after a Supreme Court ruling that put them at risk. Now ... the big issue could be district & appeals courts. I could absolutely see a situation where bankruptcy court approves but the district court rejects the plan. I really hope that doesn't happen.

The way I read it ... you can pay $20,000, the neutral party could rule you get $0 ... and then you walk away with $0 (not even the $3,500 quick pay or the TDP). High risk, high reward. So, either take: $3500 no questions asked TDP ... some questions asked, but highly discounted Neutral ... push your chips in. $20K up front. But can get up to 5x TDP. My Guess 35% will take the $3500 60% will take TDP 5% will take neutral (heavy number of these will be the 2000 - present claimants)

@ThenNow This makes a lot of sense as one would likely need all of that to pursue a state court case anyway. Like you said, this is like a mini state court case with a judge in charge. I think in general, the group most negatively impacted are those who's abuse occurred in a closed state that is likely to open in the future. Their claims against the LC and covered Chartered Orgs are being wiped out even those groups are not in bankruptcy. At this point, I think this plan is probably the best path forward for almost everyone. Major changes to YPT. Major changes to release of records. Path to get compensation based on today's laws. It clarifies abuse and mixed cases. Primary downside .. unable to gain compensation in the future if the SOL laws change. I think TCC sees the writing on the wall. If they continued to object, it was more likely to have non debtors excluded ... leaving National BSA's small fund + a mess in terms of insurance coverage. So, get as much as you can and support the plan. That said, I believe you have to follow the law and I struggle to see how non debtors can be included. I think I see where the US Trustee is coming from. They see the flaws. They see the issue in terms of the constitution and bankruptcy law. They know the end result will be bad for everyone involved ... but they also know you need to follow the law. I think it is 50/50 if this plan gets confirmed. It probably depends on who objects to the plan. Either JLSS or district could wipe out the non debtor releases. If that happens, I see a National only bankruptcy with almost nothing in the trust except some insurance policies that are messy. LC and COs will be sued left and right, many going bankrupt. A few will get a ton of money, but most will end up with a $50 Visa credit card.

It seems clear they did not contribute more. However, that is because there is a path to allow all claimants to get 100% of what would have been expected to be received in court.

Here is how the excess fund will be funded. Basically from Responsible Insurers and Chartered Organizations. BSA & LCs will help by allowing judgements to go after insurance (but will not provide more money).

I would think so.

Overall, I don't see any major concerns with the proposed YPT changes. I think over time, it could improve safety. It is hard for me to know where we have issues today, so until I see the reports and updates from the committees & 3rd parties, I can't fully say.

I think what I will do is basically register most parents every year. Ask all parents ... hey, do you think you ever want to stay overnight? If so, let's get you registered now. Otherwise, you may not be able to attend overnight later on.

I don't think any process would be last minute. There is probably going to need to be some lead time to allow a background check.

Perhaps there is a leader registration (Scoutmaster, Cubmaster, etc.) that requires specific training and unit leadership. That could come with higher fees and perhaps more process. Then, perhaps, you can have a registered adult. They cannot sign off on rank, etc. However, they are registered, go through YPT and a background check. Perhaps the fees for registered adult could be kept very low ($10) to cover background check.

The organization BSA may partner with regarding YPT is Praesidium. (per foot notes) Home | Praesidium (praesidiuminc.com)

Those with strong cases and good attorneys within the SOL will fair ok. They can get up to 5 times the previous TDPs calculated. I don't understand how they fund this excess payment pool ... but I think it comes down to BSA experts estimate that there is already enough in the pool to cover these higher payments.

Here is the Cub Scout carve out: Cub Scout Programs (Overnight): Cub Scout parents or legal guardians taking part in an overnight program with their own child are not required to register as leaders but must review the BSA’s Barriers to Abuse with a unit leader before the activity. Cub Scout youth can only attend with and must be supervised by their own parent or legal guardian at all times, or a registered adult member of the BSA who is attending with their child. A registered leader must be present at any time the parent or legal guardian is with other youth members other than their own. Cub Scout camping is limited to a Local Council’s designated locations with appropriate facilities and Barriers to Abuse materials will be prominently posted at all locations for such programs.

Agreed. It was hard enough to copy over the primary language. I recommend reviewing the entire document.