Chapter 11 announced

[fred8033]

57 minutes ago, desertrat77 said:

Thanks @RememberSchiff!

A silly question that I should know the answer to but don't:  were any of these digital interactive merit badge pamphlets ever launched to the field?

Yes.  I even bought one or two to see if they were useful and how they worked.  They were okay.  The biggest problem was it was a profit center and we had to pay.

       http://ocscouting.com/blog/20-interactive-digital-merit-badge-pamphlets-including-every-eagle-required-badge-now-available/

Now, I see merit badges are PDFs at least for cover, requirements and a referenced materials page.  Looking through Scouting.Org, I was pleasantly surprised that many DOCS are now PDFs.  That's really nice to see.  

BSA has made huge progress.  It's great to see.  REALLY NICE TO SEE.

          https://www.scouting.org/programs/scouts-bsa/adults/publications/

These should be fully online too as very few adult leaders know the material.

• Troop leader guidebook (vol 1 & 2)
• Troop committee guidebook ...  I'd bet 1 in 200 committee members have read this.  It needs to be easily available.
• Program Features ... to be "scout run", scouts need this when they need it.  It can't sit in a troop closet or with the previous youth leader.  
• The Conservation Handbook ... Yeah, who's bought this?  It should be online and easily available.  

Let BSA make money selling the Boy Scout Handbook, shirts, patches, etc.  But why would we block easy access to key materials needed to run a good program.

 

[RememberSchiff]

Pearson Education markets expensive (time sensitive license) interactive (blackboards, chat rooms, quizzes, tests) online learning packages (multi-platform with a lot of bell and whistles) to schools and colleges. But we are NOT schools and colleges. We have a Patrol Leader, not a Dashboard. Our Scouts are Scout taught, in-person, six feet apart, or via Skype or Zoom - Show, Tell, Do.

We simply wanted scout documentation online across platforms. Free would be great, but maybe a paid BSA library card (scout or unit) to cover online library expenses. Thrifty,

My $0.02,

Disclaimer: I did not say anything negative,  in this wayward post, about Pearson Education or EDGE or the BSA for going away from the Patrol Method and Adult Association in teaching. 

Edited April 17, 2020 by RememberSchiff

[MattR]

Note to all: I split off the discussion about merit badges to

 

[RememberSchiff]

Apparently, the BSA reached an agreement to keep the Chapter 11 stay on GSUSA trademark litigation in effect until July 22. Both sides are required to select a mediator by May 22.

ORDER GRANTING LIMITED RELIEF FROM THE AUTOMATIC STAY WITH RESPECT TO TRADEMARK ACTION( Note: Exhibit 1 Stipulation of link below)

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/815115_485.pdf

(GSUSA) "litigation claim, subject to a pending civil action in the United States District Court for the Southern District of New York, Case No. 18-10287, for (i) unsecured damages of at least $6,800,000, plus damages subject to expert testimony and attorneys’ fees and costs on account of prepetition infringing conduct; (ii) unliquidated damages for postpetition infringing conduct; and (iii) postpetition injunctive relief."

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/815068_484.pdf

Edited April 25, 2020 by RememberSchiff
added context, links

[RememberSchiff]

5/6/2020 USA Today summary of two key issues in recent months. 

1. Local council's role in Chapter 11

2. Whether Court should allow retention of Sidley Austin as BSA counsel. Recall, the BSA hired SIdley Austin back in Dec 2018 to "explore" bankruptcy and other options.

https://www.usatoday.com/story/news/investigations/2020/05/06/boy-scouts-bankruptcy-lawsuits-hit-local-councils/5175146002/

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/817225_573.pdf

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/817330_574.pdf

Not mentioned were the stays requested by the GSUSA trademark case and various non-sexual injury cases.

I hope the BSA is not billed by Sidley Austin for its own defense against conflict of interest charges by Chubb/Century Insurance these past weeks.

Edited May 7, 2020 by RememberSchiff
Replaced charged with billed

[RememberSchiff]

The deadline for child sex abuse victims to file claims has been moved from this month to Nov 16. 

The BSA obtained an injunction halting lawsuits against the organization's 261 local councils as "related parties." The local councils, which run day-to-day operations for local troops, are not listed as debtors in the bankruptcy and are considered by the Boy Scouts to be legally separate entities. Attorneys for abuse victims have nevertheless made clear that they will try to go after campsites and other properties owned by the local councils to contribute to the fund for victims.

The injunction does not prevent litigation going forward against individual alleged abusers. It also does not prevent the filing of complaints against BSA-related parties while the stay is in place. The injunction had been set to expire Monday, but Judge Laurie Selber Silverstein agreed to extend it to June 8, which coincides with a scheduled court hearing.

Discussions continue on changes to victim's claims forms, particularly in the amount of detail requested.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/819594_667.pdf

More details at source links:

https://www.delawareonline.com/story/news/local/2020/05/19/bankruptcy-claims-date-set-boy-scouts-child-sex-victims/5218894002/

https://www.abc27.com/news/us-world/national/boy-scouts-of-america-abuse-claims-lawsuit-injunction-extended/

https://www.nytimes.com/aponline/2020/05/18/us/ap-us-boy-scouts-bankruptcy.html

Edited May 19, 2020 by RememberSchiff

[RememberSchiff]

5/26/2020: Judge Silverstein's  Order  regarding 

(I) ESTABLISHING DEADLINES FOR FILING PROOFS OF CLAIM,  November 16, 2020. 5pm Eastern Time

(II) ESTABLISHING THE FORM AND MANNER OF NOTICE THEREOF,

(III) APPROVING PROCEDURES FOR PROVIDING NOTICE OF BAR DATE AND OTHER IMPORTANT INFORMATION TO ABUSE SURVIVORS, AND

(IV) APPROVING CONFIDENTIALITY PROCEDURES FOR ABUSE SURVIVORS

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/820848_695.pdf

But the USA Today story is more readable

Initially, the Boy Scouts had proposed 80 days for survivors to come forward. The agreed-upon date provides more than twice that much time: almost six months. The Boy Scouts will be required to run a nearly $7 million awareness campaign encouraging people to come forward. The campaign will include mail and email to those who have filed complaints, as well as national television and print advertisements.  

...

In bankruptcy proceedings, survivors who file claims are considered unsecured creditors. The Boy Scouts, as the debtor, will have a fiduciary duty to equitably pay out those claims based on the organization's total assets and the amount of money the nonprofit group owes to other entities, along with a consideration of how payouts will affect the organization's survival. It will do so via the creation of a Victims Compensation Trust. 

How the trust will be funded is shaping up to be the central argument in the proceedings – namely whether assets owned by the more than 260 Scout councils will be included in funding for survivors. 

https://www.usatoday.com/story/news/investigations/2020/05/26/boy-scouts-bankruptcy-deadline-abuse-survivor-claims-set-november/5229497002/

https://www.knoxnews.com/story/news/2020/05/27/november-deadline-set-sex-abuse-claims-boy-scouts-case/5259464002/

Edited May 27, 2020 by RememberSchiff
Additional Knox News link on TN Councils assets

[Eagle1993]

$7M in advertising seems like a lot … when was the last time National spent $7M on advertising? This fall is going to be rough.

[walk in the woods]

I wonder if BSA gets to develop the campaign or if they just have to fund it without input

[Cburkhardt]

I read the Bankruptcy documents just posted, and there is a script that has been agreed-to.  It is a pretty simple narrator announcement format that includes just the basics and not emotional content.

[RememberSchiff]

Said document

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/820848_695.pdf

contains a revised victim application and claim procedures from those in use from the start of bankruptcy. Specifically, page 14

12. The General Bar Date Notice, the Abuse Claims Bar Date Notice, the Abuse Claims Publication Notice, a form of the Abuse Claims Publication Notice adapted for email format (the “Abuse Claims Email Notice”), and the form of television spot copy (the “Abuse Claims TV Spot”) attached to this Order as Exhibits 1,2,3,4, and 5 respectively, are hereby approved.

A transcript of the corresponding hearing discussions with Judge Silverstein may be available later, perhaps August.

Edited May 27, 2020 by RememberSchiff
specifics

[RememberSchiff]

1 hour ago, walk in the woods said:

I wonder if BSA gets to develop the campaign or if they just have to fund it without input

Good question. From above document page 40-41 , Exhibit 5 Form of Abuse Claims TV Spot

BSA :30 Second TV Script

72 words

VO: (Voice Over)

This is an important message for all current and former Boy Scouts and volunteers.

The Boy Scouts of America have declared bankruptcy.

If you were sexually abused in Scouting, you could receive compensation, but you must file a claim in the bankruptcy case by November 16, 2020

You may file a Sexual Abuse Claim regardless of your current age or the year the sexual abuse occurred.

For more information, visit OfficialBSAclaims.com or call 1-866-907-2721.

Disclaimer language for last frame of TV (only appears on screen and not in VO): Paid for by the Boy Scouts of America by order of the U.S. Bankruptcy Court

Edited May 27, 2020 by RememberSchiff
downsize font

[Eagle1993]

Interesting quotes from the USA article.

Councils are already selling camp land and expect that to accelerate due to Covid-19

In a statement, Boy Scouts said that it is aware of the concerns but that the councils must balance their assets with other financial obligations. 

"This has come into even greater focus due to the wide-ranging impacts of the global pandemic and social distancing measures. In these unprecedented times, councils may need to take prudent measures to monetize their assets in order to preserve the mission of Scouting," the statement said. 

At least one Plaintiff lawyers seems convinced they will get to the councils through National

Paul Mones, who represents about 400 survivors, said he successfully argued in various state courts that Boy Scouts made clear in the landmark Supreme Court case Boy Scouts of America v. Dale that it had explicit control over the approval of scoutmasters and assistant scoutmasters and thus local organizations.

“The Boy Scouts of America without a doubt controls the councils,” Mones said. “There are a sufficient number of courts that have said there is that control there because if you can control the sexual orientation of the scoutmaster, you control the Boy Scouts.”

 

 

The mediation will be critical and hopefully they can come to an agreement while still preserving the core of BSA.

 

[skeptic]

9 hours ago, Eagle1993 said:

Interesting quotes from the USA article.

Councils are already selling camp land and expect that to accelerate due to Covid-19

In a statement, Boy Scouts said that it is aware of the concerns but that the councils must balance their assets with other financial obligations. 

"This has come into even greater focus due to the wide-ranging impacts of the global pandemic and social distancing measures. In these unprecedented times, councils may need to take prudent measures to monetize their assets in order to preserve the mission of Scouting," the statement said. 

At least one Plaintiff lawyers seems convinced they will get to the councils through National

Paul Mones, who represents about 400 survivors, said he successfully argued in various state courts that Boy Scouts made clear in the landmark Supreme Court case Boy Scouts of America v. Dale that it had explicit control over the approval of scoutmasters and assistant scoutmasters and thus local organizations.

“The Boy Scouts of America without a doubt controls the councils,” Mones said. “There are a sufficient number of courts that have said there is that control there because if you can control the sexual orientation of the scoutmaster, you control the Boy Scouts.”

 

 

The mediation will be critical and hopefully they can come to an agreement while still preserving the core of BSA.

 

Well here is an absurdity on its own.  Are there ANY verifiable indications that anybody "can control the sexual identity of someone?"  I do not think you are likely to find any such believable or provable method.  Just saying.  Of course, this whole thing is beyond the pale anyway, as the fact is, that there is no absolute way to keep warped personalities out of the program, no matter how many barriers are put in place.  And the fact that the percentage of vases, compared to overall membership numbers, is lower than all, or almost all other similar groups makes the situation even more bazaar.  I continue to wonder how taking societal issues from another era into the current one and rendering judgement is in any way rational or justified.  I have to ask how many of the claimants were offered various options at the time, but officials outside of Scouting, or the families themselves chose to not pursue it, and let the perpetrator go, or basically "ran them out of town".  A few may have ended up mysteriously disappearing or being found in a ditch too.  But, how justify now penalizing the BSA for who knows how many societal judgement errors, or perceived errors today?  

I realize I am likely being too rational for the everything is either black or white judges.  Again, this would not even be happening in almost any other country in the world.  

 

[David CO]

4 hours ago, skeptic said:

the fact is, that there is no absolute way to keep warped personalities out of the program, no matter how many barriers are put in place.  

As I, and others on the forum, have demonstrated time and time again.