Muttsy

BSA only plan was alluded to at the last hearing. Century’s lawyer stated to the court-in response to Pachulski’s suggestion of a BSA only plan that such a plan would not be feasible because BSA, the LCs and charters are too “integrated.” I quickly glanced at Lauria’s, Andolina’s and the Ad Hoc LC lawyer’s faces and I saw nods in agreement. Moreover those Hollywood square faces expressed zero disagreement with Schiovoni’s assertion that BSA is essentially a single organization for operational purposes at least. So unless there is an immediate stipulated substantive consolidation of the LC’s assets in to the debtor’s estate, a BSA only plan has already been rejected as a viable possibility. I add that the TCC has greatly diminished itself as a to be trusted advocate for survivors especially because it capitulated when it supported the RSA. It does not enjoy the same credibility any longer among many survivors and law firms. TCC looks pretty only in comparison to the Coalition. And that’s not exactly a beauty contest. Any “deal” the TCC negotiates with BSA will be viewed with a jaundiced eye .

I don’t understand why there were so many abstentions. Those ballots that did not check accept or reject. Why would a claimant go to the trouble of casting a ballot if he had no opinion? Do abstentions count? This suggests to me what I feared which is the eBallot caused massive confusion or else it did not function properly.

Totally agree. How much has OMNI billed?

Why is that a problem? don’t believe in SOL scaling period. If a majority of voting survivors agree, then there won’t be.

The whole scaling thing needs to be tossed in to the garbage can. It was the creation of lawyers that didn’t know boo about the reality of statutes of limitations. There has been massive misunderstanding of it on this forum as well. If MO passes it will influence neighboring states. I hear OK will pass one soon. Add those to two other states I never thought would pass windows AR and LA. The landscape is changing rapidly.

Your problem is you make too much sense. The inmates run this asylum.

The Coalition law firm claim to speak for 60000 claimants. They’ve been using the eBallot. They’ve known the probable outcome for weeks. They didn’t file their master ballots with OMNI until the very last day. They know. It’s bad for them. So now they are looking for a Wag the Dog distraction to avoid having to admit failure. It’s classic. The best war they appear to have been able to manufacture is the Kosnoff/Lucas e-mail. That dog won’t hunt no more.

Did you hear that roaring silence emanating from NY and Philadelphia? It’s what losing sounds like. Hello darkness my old friend, I’ve come to to you again…

Interesting. My take was different. She referenced her own Opinion in Millenium which became the law of the 3rd Circuit when it was affirmed. Do you recall her comment that her decision was based on Constitutional Due Process grounds. Judge McMahon’s Opinion was based on the bankruptcy statute. She deliberately declined to reach the Constitutional question. Silverstein’s remark sounded like she was distinguishing her Opinion from the Purdue opinion, meaning Millenium is not controlling authority in the 3rd Circuit. My sense is that she is going to follow Purdue/Sackler because it is legally correct, it is powerful; it is persuasive. She may also be sick and tired of all these Ch 11’s finagling their way in to Wilmington for the sole purpose of availing themselves of that jurisdiction where third party releases are handed out like candy. Their use was SUPPOSED to be rare. This could relieve congestion in her court and put restructuring specialists like Lauria out of business along with the mass tort lawyers’ gravy train.

This is a complete nothing burger. Kosnoff's communications were completely legitimate legal opinions. He had an absolute right to communicate to his clients Friday night after Eisenberg Rothweiler blind-sided him with the eBallot. That firm had a fiduciary duty to Kosnoff to let him see it before they started emailing it out to their joint clients. Saying that a lawyer is making false and misleading statements is not defamatory, particularly when it is true. The only mistake made was a clerical error by not limiting the email to Kosnoff's clients. And the TCC has a right under the bankruptcy code to distribute anything they believe is helpful to its constituents, including Kosnoff's letter. The Debtor doesn't get to control what the TCC decides to communicate to its constituents. I hope the TCC doesn't cave on this important First Amendment right. Century Glove's interpretation of the section cannot stand. Century Glove argues, and the bankruptcy court assumed, that only approved statements may be communicated to creditors. The statute, however, never limits the facts which a creditor may receive, but only the time when a creditor may be solicited. Congress was concerned not that creditors' votes were based on misinformation, but that they were based on no information at all. See H.R. 95-595, at pp. 225-25, 95th Cong., 2d Sess., 124 Cong. Rec. ___, reprinted in, 1978 U.S.C.C.A.A.N. 5963, 6185 (House Report). Rather than limiting the information available to a creditor, Sec. 1125 seeks to guarantee a minimum amount of information to the creditor asked for its vote. See S.R. 95-989, at pp. 121, 95th Cong., 2d Sess., 124 Cong.Rec. ___, reprinted in, 1978 U.S.C.C.A.A.N. 5787, 5907 ("A plan is necessarily predicated on knowledge of the assets and liabilities being dealt with and on factually supported expectations as to the future course of the business....") (Senate Report). The provision sets a floor, not a ceiling. Thus, we find that Sec. 1125 does not on its face empower the bankruptcy court to require that all communications between creditors be approved by the court. https://law.justia.com/cases/federal/appellate-courts/F2/860/94/465752/

Check out this Local Council contribution calculator. I think the TCC produced it but is on this law firm's web site. https://boyscoutssexualabuse.com/local-council-analysis/

The Dashboards destroy the Plan proponents’ baseless arguments that the LC’s are making “substantial contributions” in exchange for complete releases. The Coalition cut this deal with the devil without an iota of diligence. No way the Proponents can put lipstick on that pig. I’d call this only one of a dozen fatal wounds to the Plan.

Mods, I’m mad. You killed the brightest star in this forum’s constellation. I don’t care what you have to do. Groveling is a start. Get him back. Or maybe it was your intention all along to snuff out his voice. No disrespect to the other posters but I think I speak for everyone. This time is critical and desperately needs high altitude analysis.

Kosnoff’s twitter feed @sexabuseattys

“Character is everything.” Martin Luther King.

Coalition lead negotiator Ken Rothweiler more evidence of his dangerously poor judgment and dishonesty. His grandiosity cost this man a life. https://t.co/I52g9ea3dK

The arythmetic doesn’t work, does it?

"The Solicitation Agent’s E-Ballot Platform is the sole manner in which Ballots will be accepted via electronic or online transmission. Ballots submitted by facsimile, email or other means of electronic transmission will not be counted." https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/beb124f7-e931-4b0c-97cb-006a315622e8_6438.pdf at page 51 of 278

I was just about to pose the same question. We need Cynical back in the saddle.

I think this must be one of those deep fakes I hear about. No honest lawyer would actually say these falsehoods and fear monger to enrich himself at the expense of men who were violently raped as boys, right?

More of THE KEN SHOW starring KEN and featuring the SHYSTERETTES!

The Hartford piece is about half of what Century Chubb will need to pay if there is to be congruence. Remember that there were multiple insurance coverage lawsuits pending when the Ch 11 was filed. It was a big mistake to not move for relief from stay last year in those actions. Those cases would have provided clarity for all the stakeholders now. In a case this complex, clarity of some kind must take place. The only piece of clarity that could shake up the carriers, LC’s and charters is a resounding NO vote by the survivors.

Actually, it’s not even a question. Go here and check out the award estimation calculator https://boyscoutssexualabuse.com/estimated-recovery-calculator/

As much as I agree with you 1980S, it’s a tough call. I desperately want to see it, too. I also see the pros and cons of holding off. The BSA Plan is so awful it probably sit center stage for another month. As soon as the TCC rolls out it’s plan, the BSA and Coalition will deflect attention from its Plan thingy. The TCC has strongly hinted what’s in their Plan. It could throw out a few more breadcrumbs for us hens but I’ll respect their best judgement. Job #1 now is killing this turkey. Apologies to real gobblers getting fattened up as we speak. Oh, and one more thing—I miss Cynical and want him restored by the Mod thought police now!

Let me add, half hour and ‘answered’ 19 questions, most of which weren’t questions. No response to mine. Might be too many coming in they can’t or don’t want to answer. I was told the TCC answered 200+ in an hour. Gimme a break. This show ain’t ready for the road. Lotta dog. No pony or saddle-ready cowboys. TN - More, give us More. This is too enjoyable to behold. Give us MORE! Is there a sitcom or comedy that it compares? Bananas? Take the Money and Run? The Execution of Private Slovik? Hang ‘em High? Ken looking advanced covidish? Did any of the other C lawyers talk? More!