Muttsy

Who objected?

That may be true but it is not analogous when a judge is entering orders that affect the rights of thousands of non-parties and ruling on motions without being adequately “advised in the premises.”

The solicitation to all survivors in all states was cooked up long before Feb 2020. Stang was talking with Andolina for more than a year prior AND getting paid by BSA, to boot. I recall in an early filing BSA reported having paid Stang several hundred thousand dollars pre-filing. Stang was fully in bed with BSA staring lovingly in to each other’s eyes. One of the items of their pillow talk was how to ensure BSA et al got nation-wide immunity. That could only be done in Ch 11 if BSA ran a nation-wide noticing/solicitation program. This was fully baked in many months before the bk was filed The judge had nothing to do with it It was an agreed order and she signed off on it Remember her multiple 5% comments at the last hearing, how she only ever knows more than 5% of what’s going on in the cases in her court? She didn’t know and wouldn’t care Ch 11 is a commercial let’s make a deal court If the parties agree and it’s mostly within the bounds of the code and rules she could care less This is not a real court fellas Doubt me? Ask Stang at the next Town Hall assuming there ever is one again Andolina/Laurie thought Stang’s connections to some of the lawyers representing clients with pending lawsuits or claims would enable them to do a pre-packaged bankruptcy with maybe 500 claims, a super short bar date, modest advertising budget, quick and dirty, in and out. But then out of nowhere came this tsunami which called itself AIS with thousands of clients and wrecked the party.

After sitting on these motions for seven months, she put them both on for hearing Monday. That tells me she is going to grant both motions, perhaps in some truncated form. Century Chubb will appeal. Will the survivors’ reps cooperate or likewise appeal?

CS, please read my post again, relax and think about it some more. You have a sharp analytical mind but you are operating with a flawed understanding of bankruptcy.

You misunderstand. She has no authority to adjudicate any unliquidated claim. She cannot rule one way or the other on SOL or any claim or defense. Every claimant has the right to adjudicate his claim in state or federal court. She has no power to strip them of that right. It’s in the bankruptcy code. As for blood from a turnip you are mixing apples and oranges. The case will either win claimant approval or it won’t and BSA will fail, which seems more likely. Whatever blood gets extracted from BSA et al is what it is. I’m talking about morality and fairness

“There’s too much confusion, can’t get no relief.” First, SOL is not an on/off switch. It is nothing more than a DEFENSE to a lawsuit. Defenses like plaintiff complaints require proof. There are defenses to the defense of SOL. Fraudulent concealment, disability tolling, repressed memory, the location of the tort is not where the abuse occurred but in the board meeting rooms in Washington DC, New Brunswick, NJ where the negligent acts of commission or omission took place. These are complex discovery matters involving documents, depositions of current and former executives and board members. Now, how much do you think the cost of defense is for the carriers who are contractually bound to defend these cases. and must develop facts to support a single motion to dismiss on statute of limitations grounds. Answer: A Lot. Now multiply that by 50,000 claims the carriers call invalid. Imagine the 5000 cases in FL or TX and the trial judge rules that it cannot dismiss on summary judgment and that a jury should decide disputed issues of fact about the viability of the SOL defense. Now how much is the cost of defense then? Everyone seems to forget that it was BSA that solicited survivors to come forward from EVERY state regardless of the SOL rules of that state. Why not just solicit claims from window states, ya know, the “valid” ones. Answer: Because they wanted a complete bar to all claims not just the ones where they were hosed - NY, NJ, North Carolina, VT, CA, PA etc. Note also that since the bankruptcy filing Feb 20, 2020 two more states AR and LA passed windows. GA came close and IA will likely pass next legislative session. So consider that the carriers’ arguments are mostly BS. And people are advocating that these victims shouldn’t even get a vote? I strongly agree with others here who call that out for what it is — immoral and unjust. (moderator edit - remove sexually explicit language) Do those who disagree honestly believe a scout who was victimized once in say NY get 1.5M while another scout was violently victimized multiple times should be given 10% of what a similarly abused victim from an open state should get? Really? (/moderator edit) I believe the virtues represented by the commenters on this forum cannot be squared with throwing some victims under the bus because of the accident of geography or the vagaries of the law or the unavailability of insurance in a particular coverage year.

Sad robots.

Ernst Secret 1972 Memo To Scout Executives re IVs.0001.pdf

I don’t think the bankruptcy code except liquidation should be allowed in sexual abuse cases at all. These were not mistakes of business judgment. This was a criminal conspiracy lasting a century.

Fair points brother. It’s premature. I speak from personal sad experience where I wasn’t up to it and I let people down that I cared for. It’s important that a man know his limitations.

ThenNow, I love you like a brother. I’m so tickled by your brand of reality and humor. But here’s the deal. This bankruptcy is not normal. It’s not about bond holders, corporate vendors, banks and the creditors of the commercial world. Yet this is the bankruptcy code template superimposed on the TCC members. No disrespect but how does sexual victimization qualify a person for this job? Earnestness is not a qualification. These poor men have been manipulated to believe they are equivalent to creditor committee members in commercial bankruptcies. This requires a level of competence that cannot be conferred by don of the sword on each shoulder. I feel sorry for them. They were used like pawns. They just didn’t understand that having a good heart and sincerity was actually a disability when you are swimming in a shark tank like this. They are embarrassed and ashamed after yesterday is my assessment.

This is very true. The CO’s were the “boots on the ground.” In specific instances the CO had primary responsibility because it selected the leader, it had physical “custody” of the troop and it put the perpetrator in to contact with the victim in circumstances where it failed to exercise “reasonable care.” The problem is that the CO was not timely warned of the nature and scope of the problem by National. The files were a closely guarded secret at National. The files were a gold mine of criminological data that BSA could and should have used to train and educate scouts and CO’s. it is shared fault. How you assign percentages of fault is the role of juries and each case often presents slightly different fact patterns.

No he won’t. Can’t you see he opposes this “deal” and would never sign that RSA? He probably agreed with everything Schiovoni said. He wants to expose the Coalition hedge funds and their fronts that he believes hijacked the case. He’s probably licking his chops to tell the insurance companies that part of the story. He formed the Coalition and quit six weeks later. Why did he quit it and take himself out of the mediation? What did he see that turned him against the Coalition. Now we are beginning to see.

They could have limited their media campaign to select states with windows or discovery statutes. They did not do that. The TCC could have pushed back. It didn't because Stang is part of or wanted desperately to be part of the "cool kids club" aka Sidley and Austin, Case and White etc. The "A" List law firms in the bankruptcy sewer, er world.

That is correct but not only because they encouraged you to file a claim. They did it because they intended to bar your claim forever and pay you nothing. They did not want the chance that your abuse state could pass a window or a discovery statute. Just since Feb 20, 2020 the bankruptcy petition filing date, several more states either passed victim friendly laws or extended their existing laws. AR, LA, AZ, NY, ME Talk about fraudulent concealment.

Yes I do. It’s called state court and the guys and gals with pitch forks are called trial lawyers and yes it’s hot because the HVAC in those decrepit courthouses are always bad. Lowest government contract bidder thing…you know how it works. The people sweating however are the insurance carriers. One bad verdict in a place like LA County or Philly. 9000 more cases coming up behind. That’s when the DDD xxxx stuff stops quick.

This deal is riddled with so many holes I just don’t see how it can float. I agree that bankruptcy judges are biased in favor of debtors and this one particularly so for BSA. My brother in law is a former judge. He once told me that judges only care about two things. One is not getting the presiding judge mad at you for not moving your cases along. The second is not getting reversed by the appeals court. She could well dismiss the bankruptcy case and tell everyone to go elsewhere.

Yes it does. It substantially ratchets up the carriers’ exposure. I agree with your points about BSA’s ability or the counsels but it forces the carriers to weigh the risk it works. Right now the carriers are zeroing out claimants from what it considers closed states. In litigation or any business negotiation, isn’t always about leverage? Increasing yours and decreasing the other side of the negotiation even if just a little?

Why is there no mention of the DC theory? There is a multiple plaintiff lawsuit pending in federal court in DC. It has been reviewed by legal experts in civil procedure and they say it is very meritorious. It goes like this: It does not matter WHERE the abuse occurred. The negligent acts were committed by National Leadership over decades in meetings and decisions that took place in DC. Where the consequences of that negligence occurred are not relevant for jurisdictional purposes. BSA is incorporated under the laws of the District. The federal charter is legally meaningless honoraria. DC passed a window statute in May 2019. That window is still open because bankruptcy tolls the running of the statute of limitations. Diversity jurisdiction exists in federal court under Article III. (Residents of different states may sue in federal court.) The upshot is that every claimant from a "bad" state would have the ability to file in the DC federal court alleging that the SOL of DC is what applies, not the SOL of the state in which the abuse occurred. A related and similarly meritorious theory is the NJ strategy. NJ is an open state. BSA was headquartered in and committed tortious acts in the state of New Jersey from the early 1940's until the late 1970's when BSA moved its headquarters to Irving, TX. Many of the perversion files were created when BSA was headquartered in Brunswick, NJ. None of this has been mentioned in the Plan, the Plan Disclosure Statement or this RCS term sheet thingy. Kosnoff is right. The mass tort hedge funds using lawyers as fronts is what is driving this thing known as the Coalition. I'd love to see the loan agreements these lawyers signed with these Wall Street hedge fund loan sharks. Century was on to something months ago demanding to see these disclosures. These loan docs would make the mob blush. 22% APR; 24 month balloons coming due shortly. This "deal" stinks because it is being driven by panicked lawyers who are in hock up to their eyebrows on borrowed money that financed their TV ad campaigns and law firms. How does a two lawyer law firm like Slater, Slater Schulman get the dough to finance a TV campaign that enabled them to sign up 14,000 clients in three months??? https://www.washingtonpost.com/dc-md-va/2020/01/07/these-former-boy-scouts-want-use-new-dc-law-sue-over-alleged-sexual-abuse/

What state were you in when you were abused. Were you abused in any other states? Perhaps out of state travel to a camp or HA facility. The SOL issue is NOT cut and dried. You need qualified counsel.

I forgive you Johnsch322. Now that you are forgiven, what is your address? And what was that thing that smelled so bad you left in the trunk. Happy 4th everyone. It feels good to get silly, if only for a day. Sincerely, The Mutts

I once bought a 15 year old BMW from a used car salesman. It kinda went like this. He talked good. The transmission fell out a week later.

Thanks for that but, again, that makes no sense to me. I can’t imagine a “judgment” obtained in a totally collusive way would ever have legitimacy. Would the carrier have the right to defend BSA (the trustee) from the lawsuit? Would it select counsel for the defense? Who is the named defendant? BSA who every juror would probably know went through and got a discharge in bankruptcy? The idea of a judgment means it is the result of a fair process, not some kangaroo court. I don’t buy things I don’t understand.