ThenNow

Say wha? There must be a misplaced comma, no? COMBINED TWENTY-SECOND MONTHLY APPLICATION OF JAMES L. PATTON, JR. AS THE LEGAL REPRESENTATIVE FOR FUTURE CLAIMANTS AND YOUNG CONAWAY STARGATT & TAYLOR, LLP AS COUNSEL TO THE LEGAL REPRESENTATIVE FOR FUTURE CLAIMANTS FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FROM JANUARY 1, 2022 THROUGH JANUARY 31, 2022 The amount of time spent by the Applicants during the Fee Period is fully set forth in Exhibit A attached hereto. The hourly rates set forth therein are the Applicants’ normal hourly rates of compensation for work of this character. The reasonable value of the services rendered by the Future Claimants’ Representative during the Fee Period is $98,262.00. The reasonable value of the services rendered by YCST during the Fee Period is $607,975.50. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a1d84878-78ce-436c-8164-52ce4907d558_9086.pdf

Pah. Indeed. I was poor and had no choice but to glance and quickly skitter from that table of bling.

From your post to God's, er, JLSS's ears. I think allowing such a thing to be done in this case is horrifically offensive.

Bring on the next $130k+. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/1d0f8ba2-2a17-4ee9-871d-9dd1dd4ce502_9064.pdf Whoops! The tried to slide #18 on by me. 78 grand, give or take. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/969cd108-c6da-4241-9ed3-0f26b65894c9_9063.pdf I know there are some sophisticated consultants among us. Care to translate this? Oh, wait! I think that first sentence was lifted from my job description when I was raising teenagers. I knew it looked strangely familiar. About Ankura Ankura Consulting Group, LLC is an independent global expert services and advisory firm that delivers services and end-to-end solutions to help clients at critical inflection points related to change, risk, disputes, finance, performance, distress, and transformation. The Ankura team consists of more than 1,500 professionals serving 3000+ clients across 55 countries who are leaders in their respective fields and areas of expertise. Collaborative lateral thinking, hard-earned experience, expertise, and multidisciplinary capabilities drive results and Ankura is unrivaled in its ability to assist clients to Protect, Create, and Recover Value.

I don't get it, either. The argument is the bankruptcy code allows for payment/reimbursement based on a "substantial contribution" to the deal leading to the plan or some such. The US Trustee's comment back when they tried this the first time was pretty much, "Um, this case isn't close to over. How can we know if someone made a substantial contribution until a plan is approved?" As my gramps would say if you burped, "Bring it up later and we'll vote on it." This is nothing more than parties being unofficially officially appointed as a fiduciary so they can get paid from the estate. Fiduciary to me? Whom? Not me. How does that make any sense, especially when their 33%-40% amounts to many many many nickels. Let's get this straight. I wiggle a way to have my clients (and survivors who are NOT my clients) pay for the attorneys who help me make a deal to make millions of dollars from my clients. Okay. Makes total sense. Or not. Anyone get this?

If the REI bag proves less than optimal, I'll check this one out. Thank you!

Another beauty from the Certain Insurers' objection. Quoting: $24.5 Million Potentially Diverted from Abuse Claimants Solely for the Benefit of Plaintiffs’ Lawyers Who Represent Them 90. In connection with the RSA, the Coalition and the Debtors requested that the Court approve payments of $950,000 per month throughout the case and additional fees up to $10.5 million for professionals that Coalition plaintiffs’ lawyers hired on behalf of the Coalition without any showing of a “substantial contribution.” The Court denied that request, finding that it would harm the Abuse Claimants: The cost of the coalition’s professionals was to be borne by the State Court counsel who formed the coalition, not their clients. Payment by Boy Scouts and certainly payment by the investor trust comes directly or indirectly out of their client’s pockets and, indeed, the pockets of all abuse victims . . . any funds diverted from abuse victims, especially to pay an obligation of their lawyers, needs to be closely examined. Aug. 19, 2021 Hr’g Tr. at 20:20-21:3 (Supp. Obj. App. 1). 91. The provision regarding payment of Coalition fees remained in the Prior Plan, leading the Court to state when approving the Disclosure Statement that “the Coalition fees, I will decide that on a motion, on an appropriate motion unrelated to the plan . . . I’m not going to glom on something additional to the plan that doesn’t need to be decided in that context.” Sept. 29, 2021 Hr’g Tr. at 104:9-10 (Initial Opp. App. 55). 92. Undeterred, Coalition plaintiffs’ lawyers refused to remove the provision from the Prior Plan and then demanded that the Debtors increase the payment to $21 million. The Debtors relented. The Claimant Representatives now go even further and demand that an additional $3.5 million be used to pay fees incurred by the Pfau/Zalkin firms in connection with these Chapter 11 Cases. Revised Plan § V.H. Payment of Coalition and Pfau/Zalkin Restructuring Expenses. These recoveries for plaintiffs’ firms are in addition to the substantial contingency fees that are, in many cases, 33% to 40% of their clients’ recoveries and, if either the Prior Plan or Revised Plan is confirmed, will likely be billions of dollars. Payment of the professional fees that these lawyers (but not their clients) chose to incur further dilutes the recoveries of not only their own clients but all Abuse Claimants. This is particularly inappropriate because these plaintiffs’ lawyers also negotiated an agreement that allows the estate to contribute absolutely no cash to the Settlement Trust for the benefit of Abuse Claimants. See Feb. 11, 2022 Hr’g Tr. at 65:14-18 (MR. KURTZ: “It was originally contemplated that the debtors would make a contribution to the trust as we got to the end of March . . . that was dropping to zero, and that’s still the case.”) (Supp. Obj. App. 4).

Question for the wise. In reading the objection located on the docket via the link below, I found several interesting assertions. I haven't searched the TDP/IR processes to confirm all of them. I claim Monday malaise. In the meantime, anyone know the source of this assertion by the "Certain Insurers"? How does one come by that "private confidential information" to build one's case? There are several things I seek and I'd be happy to tell BSA "what I want, what I really really want." (Name that tune but don't deviate too far into a pop culture fest.) Sharing is care and I hope this is true. TDP & IR: Defendant (BSA) shares private confidential information with Plaintiff to build Plaintiff’s case before Plaintiff is required to submit documentation to the Settlement Trust. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/29429b4d-503f-481b-b84e-5ee58331b5fd_9033.pdf

My understanding is a fee request that lands on the docket is an official, "Please ma'am, I want some more" seeking porridge from the slop bucket. Quoting: Perhaps the most significant fact about a Creditors’ Committee is that it may, with Bankruptcy Court approval, retain professionals including attorneys and accountants to represent the interest of unsecured creditors, and these professionals may be paid by the Debtor’s bankruptcy estate. 11 U.S.C. §1103(a) and §330(a)(1). Attorneys can assist a Creditors Committee with obtaining information necessary to make decisions and recommendations, negotiating with the debtor, other classes of creditors and other interested parties, and guidance regarding legal obligations and responsibilities as Committee members. PS - They are being submitted to the court for approval. Have any been rejected to date? This I do not know, but I'm thinkin' not. Century made a stink and got JLSS to require 20% be held back until the end of the case. Remind me when that is, again?

Ordered. On sale for $40.

The Scouters on this forum? Jk. I'm not sure of the membership, but this explains some of the elements. Effectively, the Debtors owe them cash and are holding no gold watches, artwork, real property or other things of value against which they can move to satisfy the indebtedness. I reserve the right to be wrong, per usual. https://www.mgwl.com/blog/what-you-should-know-about-ch-11-unsecured-creditors-committees/

Notice and agenda for Wed's hearing at 10ET. The $how must go on. (See above post.) https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/deb3c636-6cf0-4dd4-a3e5-ca89945008b4_9040.pdf

Okay. I know who these folks are and what they do, but does anyone know how they integrate with all the other professionals working this cash cow? 23rd Monthly Fee Application. WooHoo! $115,197 with a 20% holdback. This month's payday is $92,157.60. (By the way, that's the moolah kind and not the peanut and caramel log variety from our childhood.) https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/566b1605-4d4e-42d4-a5ce-7f6e1584c93c_9039.pdf https://www.alixpartners.com

Any recommendations on the daypack?

Amen to all that with a footnote. The Youth Protection Committee called for in the new YP terms is a critical component in the go forward world of BSA YP. I think it's not only critical to the BSA, but important as a model for other organizations. Why? Because at least half of its members must be BSA abuse survivors. They will have a hand in every aspect and phase of BSA YP. I'm hoping and praying that the members put forth by the TCC and SWG will be tenacious, thoughtful, capable, detail-oriented and united in their voice. If this all doesn't come tumbling down like so many Jenga towers, watch that group. Along with transparency, reporting, a culture passionate for YP and survivors on boards, the strong survivor representation on the YPC is a very, very good thing. They will be the pack of watchdogs in the house.

Check under your bed and let me know, if you would please. I figure either that or you use it as a pillow.

Thank you, TCC. This was very helpful. Of course, I have 9.62 additional questions, while scratching 18.38 of them off the list.

I’m sorry, as well. I’m working on my effort to get back to some semblance of shape. Decided to work on balance, core strength and some old people stretching drills I found online. Another gear question. I have my old, well taken care (as in, little used) Osprey Atmos 50 and my youngest son appears to have left his 35 here. I am wondering about a day pack. I’ve heard several of you talk about working with the full gear/pack setup, but am taking all comers on thoughts and suggestions. I don’t mind spending money on this and was about ready to order one of the Osprey day packs. Several rate very highly. I know nothing about these current models - size, capability, etc. Water bladder? Many thanks, gentlemen.

Final Voting Report for Class 8 Claimants - Accept/Reject by Local Council. (This is the full vote not the re-vote, to be clear.) 9032.pdf

It would be fun to post photos, if that is permitted.

I don't believe that's the choice. If the Plan is not confirmed, there is always the dicey BSA only (Toggle) Plan. As many have said, they can't be forced into a 7 and would never choose it.

Very cool. I dream of a Goshawk in full view one day, F-22 Raptoring its way through the woods. The Harris's Hawks we worked with in Scotland were incredible. A female Barred fought off a Raccoon approaching her nest and that was a dandy. They have my favorite call, as well. Sound like monkeys when they're all worked up.

I'm not sure that's accurate. It's a number that can be compared to other numbers which makes it relative, but not subjective. In relative terms, when you consider the overall exposure of the insurance carriers, the awards given in other child sexual abuse settlements and bankruptcies, and the roughly $33,000 per claimant in this case, it is grossly underfunded. It has to be seen in context. I believe that is the point. No? It's like saying, "You gave the neighbor kid how much to mow the backyard? $500? That's ridiculous! My brother pays his guy $25!" What is not stated is the man's "backyard" is 5 acres. His brother's, 5000 sf.

It's a Scouter-led forum. Congratulations! You earned your badge. That's so funny. I am the same. Got it from my dad. He was utterly fascinated and all six of his kids and their offspring are, as well. Now, my wife even does it. All the time.

Asking to better understand the above paragraph. Same. Before I wade in, it would be good to have clarification of what the attorney sad. I see nothing that creates that limitation.