Muttsy

That’s the propaganda being spouted by Doug Kennedy and the cabal of lawyers who stand to make hundreds of millions if it is upheld while their clients get bupkis. Kennedy has already cashed in by settling his Catholic Church part of the case for millions. The delay in finalizing the plan was delaying his real payday. Kosnoff’s vision is based on a couple of things One is the liquidation of BSA’s assets in a Ch 7 or liquidating Ch 11 after the plan is overturned. The ample insurance policies survive BSA’s demise and are the most valuable assets of BSA and the locals and sponsors. Expect those entities to start negotiating either before or after their own Ch 11’s. Century/Chubb will come in and attempt to settle out individual or clusters of claims on a state by state basis. Before the total capitulation by the TCC and Pachulski Stang at the confirmation trial in 2022, it had compiled insurance policy discovery and expert testimony (it never presented at trial bc it sold out the claimants) that showed insurance proceeds at between 90 and 120 billion dollars. That coverage springs back to life when this plan is allowed to collapse. This 90-to 120 billion does not include the thousands of other liability insurance policies owned by the multitude of charter organizations most of whom received releases and contributed not a dime to the settlement. These untapped unknown policies were never pursued by the TCC and PS. Total professional malpractice if not outright fraud. As for these massive statute of limitations percentage reductions, some as much as 90%, the survivors will be back in control and not subject to the arbitrary whims of Houser. This is where getting help from state legislatures will come in to play. Several states have passed special window statutes tailored only to scout survivor residents of their own states …OH, AR, IN to name a few. Others will do the same because it’s an easy sell to reluctant legislators—a narrow window bill (first done in Michigan in the Larry Nasser US Gymnastics case several years ago) won’t impact any other entities e.g. schools, churches, local governments, other private organizations etc, but only scout insurers. It represents millions of dollars of revenue to a small subset of their residents who pay taxes, make purchases, and thereby help local businesses. It’s not a difficult sell. Local scout councils free from the yoke of a defunct BSA can reorganize and BSA National with all of its wasteful expensive, nepotistic bureaucracy will be vanquished to the trash heap. Scouting will have a new birth of freedom, free to go back to its roots with freedom to innovate and adapt to local conditions and sensibilities. What works in CA may not in AL or FL. etc. I expect scouting will evolve into a federation of independent scout organizations - which will be healthier for the movement than what exists now or in the past. Finally, I personally hope to see the 1/2 billion dollars in legal fees approved by Judge Silverstein and wasted on these bankruptcy law firms clawed back into a pot for the claimants via a class action malpractice lawsuit on behalf of all the claimants This is how the case should have been approached at the outset. BSA could not survive if survivors did not get screwed . There could only be one winner in this showdown. Conversely, survivors would never get meaningful justice and accountability, if BSA was allowed to survive. Only Kosnoff understood this fundamental truth.

Everybody should be rooting for the 3rd Circuit to reject the BSA’s equitable mootness argument. With that done, the plan is effectively finished because of Sackler ruling rejecting non-consensual third party releases. Century Chubb and the other settling insurers will pull their contributions to the ST which will be kaput. So then…it will get interesting. Kosnoff has been floating some possibilities all of which are much better than this POS the TCC and the all corrupt law firms foisted on the survivors.

Tim Kosnoff is an attorney and he called it a b.s. settlement (he actually called it “sellout” not a settlement. Fools believed the unbelievable. A “substantial” majority of survivors voted to approve it. If you voted for it, look in the mirror for who to blame. Of course, those lawyers were lying. But it was all there in black and white. What a fool believes—he sees.

Don’t forget the other appeals are not trivial threats to be brushed away. The non-settling insurers have compelling Due Process points. This Rube Goldberg IRO absurdity promising survivors what is in reality an expensive, wasteful bridge to nowhere that will never result in full recovery (or any recovery) for the handful of claimants that were duped to support the plan on the basis of a lawyer-invented cynical mirage. Talk about long waits. The non-settling insurers will never pay those awards and Houser will quickly lose if and when the insurance litigation ever resumes. It’s existential, non-negotiable for insurance companies to maintain the bedrock foundation of liability coverage insurance that only carrier, not the insured, has the right to decide whether to pay a settlement and for what amount. It cannot be transferred by the insured or taken by a bankruptcy judge and given to a trustee without consent of the insurance company This reality was completely misrepresented or hidden from the claimants during the voting. It was hidden mostly because the TCC, after spending 70M on attorneys (Stang), capitulated and never put on a case in the confirmation trial it was left to Lujan and Dumas to champion these issues at trial and they were completely financially outgunned. Only Lujan’s client on the TCC had the courage to push back and vote no on supporting the planin the committee Bottom line is those carriers have clear contract rights that can’t be taken away by a bankruptcy court for the sake of expediency. This was never explained to survivors by the TCC, who simply capitulated under pressure of their individual lawyers and Pachulski Stang and dissenting voices were silenced by the BSA and the mass tort lawyer cabal. What truly terrifies all these plan proponents (BSA, Coalition, TCC, PS) when the Plan fails, is not facing the anger of thousands of betrayed, misled clients, but facing them without the protection of the exculpation clauses they showered on each other in the Plan. These clauses shield these law firms and committee members from personal civil liability for fraud, negligence, misrepresentation etc related to their actions and advice in the bankruptcy. Over 500M in estate assets were wasted on these bankruptcy lawyers to produce this debacle. If you want to be angry, be angry at those lawyers and the TCC, not Lujan and Dumas.

But this plan has barely been implemented. Time was wasted but that is irrelevant. Most of the money hasn’t been transferred to the trust and only a tiny fraction 1.5% has been paid out. The test is “substantial consummation.” This is nowhere near that. The court can pinch its nose and rubber stamp it but that only invites an endless parade of other mass tort manipulations they have to deal with down the road. I watched these judges and have studied their past rulings. These cats aren’t rubber stampers.

I was present. This court has grave reservations about the broader legal implications of affirming the plan. The judges were not receptive to plan proponents’ estoppel arguments. Ultimately the appeal is not about what happens to the BSA, or the unfortunate victims. It is about removing the inherent corruption in the system. The collusion, conflicts of interest and unfairness of the settlement was not lost these judges. What happens to the plan or BSA is not its concern. The court calls balls and strikes. If BSA strikes out, it has only itself to blame. It knew, as did the TCC and all the lawyers, this house they were building rested on quicksand. The TCC and all the other lawyers either lied to their clients or didn’t both to understand what or why they were adding their clients to support the Plan. All of this was 100% foreseeable. Sad.

Very misleading.

1. BSA NATIONAL LIQUIDATES and/ or 2. Insurance companies pony up a LOT more $$$ to liquidation trustee 3 LC’s Liquidate and/or see 2 above . 4. Charter orgs voluntarily liquidate or file Ch 11. also See 2 above. 4. Some survivors carry on with litigation including bad faith claims against insurance companies. 5. More states open or reopen windows to allow more survivors a path to just compensation. See 2 above. 6. Scouting becomes a verb again, not a brand name Many regional and local scouting organizations form and compete with each other to develop the safest system, best and lower cost scouting experience not having to carry the corrupt dead weight of the bureaucracy. Scouting discovers its roots again.

Read this Krause opinion and tell me you can’t see where this is headed. Plan is likely going south. https://casetext.com/case/in-re-one2one-commcns-llc

Judge Krauss is the presiding judge on the panel!! We who are rooting that the court reverses this horribly rotten Plan could not have drawn a better judge in the whole country! She’s the biggest opponent of equitable mootness there is. She wants to abolish the doctrine. Oral arguments Nov 6. 3rd Circuit US Court of Appeals. Philadelphia 10:00 am.

You do understand what it means for the TCC and it’s counsel to have a fiduciary duty to 84,000 claimants, correct? And you are aware of how it cut a deal with BSA in exchange for inclusion in the exculpation section of the Plan? No financial interest? Hardly.

So where is the late great his highness Doug Kennedy or the TCC? Hunkering down in their usual bunkers?

The Mann Act is a criminal statute. Do you know whether Congress added a civil remedy to it? If criminal only, the Fed’s are very selective which cases they will indict

Agree. Not worth it.

According to Kosnoff, these pre-76 cases are live unless the charter is a contributing party. As it stands now, none of the Catholic dioceses or orders are CP’s but they have a year from confirmation to cut a deal with the Settlement Trustee and get released from those pre-76 cases. Your situation is getting dire because the California window closes 12/31. You need to file against the C before then to toll the running of the statute. CA also requires a certification from a psychologist as prerequisite to filing your lawsuit. That takes a little time but is not a big deal. Probably 3-4 thousand to line up. Hasn’t your lawyer explained this to you?

More bad publicity helping tube the BSA-LDS 250M deal. https://apnews.com/article/Mormon-church-sexual-abuse-investigation-e0e39cf9aa4fbe0d8c1442033b894660

This is no small issue. Start tugging on this little piece of yarn and the entire sweater unravels. It’s likely what happens. Why would LDS stay in for a release of exclusively scouting related abuse only to face an onslaught of lawsuits for abuse not occurring at a camp or activity. Many scenarios involve grooming in scouting leading to abuse outside of scouting, etc. LDS would be better off making a clean break with BSA, becoming an Opt-out charter, keeping its 250M AND its BSA insurance rights. Now, what do the settling insurers do with their settlements when all current and future claims involving LDS are not fully released and channeled? LDS is the tail that wags the dog here.

Are you saying a TCC member was disqualified from voting because he had a conflict of interest. Was that disclosed to the UST or to the survivor body?

So...the answer is yes, people like Dr. Kennedy can be awarded some or all of the 2 million dollar "fine"? BTW__ Dr. Kennedy answered clearly. The vote on the TCC was NOT unanimous. Your answer above is Orwellian.

I wish someone would have asked Dr. Kennedy about this Plan paragraph. Who else could this apply to except TCC members? Smells very fishy. Section 4.1(c) (c) Among the Trust Assets are funds contributed from Pachulski Stang Ziehl & Jones LLP (the “PSZJ Contribution”). The Trustee shall have discretion to use such part of the PSZJ Contribution as the Trustee may determine to distribute to holders of Abuse Claims in recognition of their positive contributions made prior to, during or after the Chapter 11 Cases benefiting survivors of childhood sexual abuse and preventing abuse.

It was not unanimous. One or more members either voted to reject or abstained from supporting. Significant. Even the committee members could not agree. That’s not “overwhelming” support.

That AND the possibility of freezing of pensions. Wouldn’t these revelations from yesterday foment rebellion about this plan? Can the Ad Hoc of LC’s hold it together?

She is awful. It was a 20 minute cross x that she's dragging out to four hours or longer. She is rigid in her thinking and demonstrates little understanding of how sexual abuse cases are actually handled in the tort system. She spent 90 mind-deadening minutes to make the point that the claim review process is not the tort system.. Yes you are right Ms. McNally. Does your client prefer to face 84,000 claims in the tort system? If the claims review process is gong to adopt all of the procedures found in the tort system, then this Plan cannot be confirmed.

Thank you. I hope that puts to rest the absolutist non-sense spouted for years on this forum about statute of limitations. Fraudulent concealment tolling is most likely viable in almost every state. It is thermonuclear for the defense which is why he testified that BSA settled cases it believed ought to be barred because it could not take the chance. In Hacker case in Illinois, that blast resulted in an 89M dollar hit. This alone demonstrates the appalling inadequacy of the settlements in this Plan. Anybody want a re-vote now that you understand?

Intermediate appellate panel. 2-1. Appeal to NC Supreme Court. Only instance I can think of where an appellate court ruled that a revival statute violated the state constitution. SCOTUS has ruled in other contexts that civil statutes of limitations are matters of "legislative grace" i.e. what the legislature giveth it can take away. No federal constitutional right in a statute of limitation defense.