Chapter 11 announced

[Eagledad]

I heard of a report 30 years ago of a bus in Philadelphia that was rear ended by a car. The driver of the bus said the bus barely moved when it was hit, so none of the 5 passengers were hurt. Yet, 36  injury reports were filed against the city within the day. 
 

Barry

[RememberSchiff]

On 10/28/2020 at 1:02 PM, RememberSchiff said:

Judge Silverstein signed order authorizing the Tort Claimants Committee (TCC) to employ  and retain real estate advisor Keen Summit Capital Patrners

2.The Tort Claimants’ Committee is hereby authorized to retain and employ Keen as its real estate advisor, pursuant to sections 328(a) and 1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, effective as of October 9, 2020 for the purpose of evaluating the eleven properties listed on Schedule A of Keen’s engagement letter. If the Tort Claimants’ Committee determines to retain Keen to provide any additional services, Keen shall file an amendment to the Application that will be subject to notice and opportunity for hearing, and nothing in this Order and the record relating to the Court’s consideration of the Application

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/858520_1589.pdf

The eleven properties

Page 28 of 96,  Keen's engagement letter

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/854608_1477.pdf

National wants more Local properties evaluated and are seeking to retain JLL Valuation & Advisory Service. The list of properties remains to be specified. The following paragraphs are extracted from Dec 1, dockets 1762 and 1763. Note links below.

To carry out its Scouting programs, the BSA has granted charters to 253 local councils, each of which operates in a specific geographic area (collectively, “Local Councils”). Each of the Local Councils is separately incorporated under the non-profit laws of its respective state, is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, and has an independent board of directors and senior management. The Local Councils are neither subsidiaries nor affiliates of the BSA and none of the Local Councils are debtors in these chapter 11 cases.  doc 1762 page 3,4

As the Court is aware, the Debtors and their stakeholders are currently engaged in mediated negotiations regarding a chapter 11 plan of reorganization that provides for a global resolution of claims related to abuse in Scouting. The Mediators, in consultation with the Debtors, have set a fast-paced schedule for negotiations to take place from mid-November through January 2021. The Mediators and the Mediation Parties are hard at work under tremendous time pressure. The Debtors hope that these negotiations will ultimately address how a potential settlement fund could be funded by the Debtors, Local Councils, and any other contributing parties. Because many Local Councils lack significant unrestricted liquid assets, any contribution from Local Councils in the aggregate may need to include real property and improvements as a component. Local Councils that desire to participate in such a negotiated global resolution may wish to value any real property that they seek to contribute. Accordingly, the Debtors have determined, in consultation with certain of their stakeholders, that appraisals of certain properties owned by non-debtor Local Councils (the “Local Council Properties”) are necessary to facilitate mediated plan negotiations.2 To that end, by this Application, the Debtors are seeking to retain JLL to prepare broker opinions of value of certain Local Council Properties based on analytic assessments that will generally not require physical inspection of such properties. Among other things, these broker opinions of value will provide the Debtors, Local Councils, and other constituents with important information regarding the market value of the Local Council Properties. These opinions will aid any Local Councils that decide to participate in a potential settlement in connection with the Debtors’ chapter 11 plan that also require valuations of certain of their Local Council Properties.3The valuation opinions will not take deed donor restrictions into account. doc 1762 page 4,5

At present, the Debtors estimate that JLL will appraise approximately 300 Local Council Properties, representing fee simple interests in office buildings, campgrounds and certain other properties, including vacant land. JLL has substantial expertise in the areas described above, and if, this Application is approved, will provide services to the Debtors under an order approving this Application. JLL will work closely with the Debtors’ management and professionals throughout the appraisal process. The Debtors will attempt to coordinate with other stakeholders, including the Tort Claimants’ Committee, the Ad Hoc Committee of Local Councils, and individual Local Councils, to identify particular Local Council Properties to appraise.  doc 1762 page 6,7

....

The Debtors are aware that other constituents, including the Tort Claimants’ Committee, may also be seeking to retain an appraiser to conduct broker opinions of value of certain Local Council Properties. The Debtors have had preliminary discussions with the Tort Claimants’ Committee regarding the utility of appraising certain Local Council Properties in connection with the plan mediation, and the Debtors and JLL are committed to working collaboratively with any appraiser that might in the future be retained, including by the Tort Claimants’ Committee, to avoid unnecessary duplication of services. doc 1762 page 7

engagementt letter doc 1762 page 23

"Therefore, the Debtors are seeking to retain JLL Valuation & Advisory Services, LLC (“JLL”), to prepare broker opinions of value with respect to certain Local Council properties. These broker opinions of value will provide the Debtors, Local Council and other constituents with important information regarding the market value of the Local Council properties. In order to promptly receive the broker opinions of value and maintain efficient mediated plan negotiations, the Debtors must retain JLL without delay.  doc 1763

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863786_1762.pdf

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863788_1763.pdf

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863866_1765.pdf  <--- order signed by Judge Silverstein

Edited December 3, 2020 by RememberSchiff

[gpurlee]

RememberSchiff - thank you for taking time to review the court documents for us. 

I am afraid that the reality of the situation may be that we are likely to see the loss of dozens of properties as this bankruptcy proceeds. At the same time, if we incur a 30% to 40% loss in membership due to the pandemic, loss of the LDS as well as loss of income,  it may be increasing difficult to maintain and justify the number of camps that we currently have. 

Edited December 4, 2020 by gpurlee
mis-spelling

[Mrjeff]

This dialog provides a lot of food for thought:  People are required to take youth protection and the "good guys" who wouldn't abuse a child will follow the rules.  The "bad guys" who are abusers won't follow the rules will still be abusers; the BSA is in a very serious situation and is trying to survive so they raise the registration fees and tack on an additional fee for new members who have just joined;  the grand white elephant, Summitt Bechtel" was developed as a jamboree site and the jamborees have been canceled;  membership across Scouting is very low;  some training requirements" are unrealistic and expensive, but are required to function; BSA doesn't own or control local councils but if you don't pay the National fees or fo)ow their rules they have the ability to cancel a council's charter;  and on and on and on.  If any shadow of Scouting is going to survive we may just have to go back to the early days where good folks take kids out to have a good time.  This is just food for thought without conclusions, arguments, "fix it's ", or controversy, just food for thought.

[mrjohns2]

1 hour ago, Mrjeff said:

some training requirements" are unrealistic and expensive, but are required to function;

I know you were listing all of the issues, but which fit this criteria? 
 

I like your food for thought. I think the answer to a lot of the issues for me is head forward, stop looking up the pyramid, even if it falls down, we can still camp as a troop. 

[FireStone]

2 hours ago, mrjohns2 said:

I think the answer to a lot of the issues for me is head forward, stop looking up the pyramid, even if it falls down, we can still camp as a troop. 

I've tried to maintain a similar opinion. We've got enough problems on our plates currently with just keeping even the basic parts of our programs going during a pandemic, all we can do face forward and keep going. And for me that means going through whatever comes of the BSA, regardless of whether it falls or not, and beyond into whatever form of scouting program we can maintain. We don't need much to get some kids together and go camping or take on a service project. We've seen groups like the BPSA-US do it with nothing more than a rough outline of a traditional scouting program and a desire to make it happen. Limited support from any kind of national HQ, no regional council, no paid professionals, just volunteers making it work.

This thing will go on, with or without the BSA, with or without us. I believe enough in the scouting movement to trust that it will endure. It could live on as nothing more than a local group of kids who want to get together and go camping. But it will live on. That's enough for me to feel good about what we're doing, that no matter what happens at National, here on the ground we are and will continue to do scouting.

[ThenNow]

12 hours ago, scoutldr said:

As a Scout in the 60s and 70s, my leaders are long dead.  I suspect in many cases, the only recourse is to go after the institution.  I would be interested to know how they go about proving the validity of a claim.

Claim validation is going to be incredibly complicated with the vast number on file with the Court. If I were cynical, I'd say that was part of the reason one group has gathered so many clients; to choke the system and force an allocation of the Trust by simple division. That creates a scenario where potentially specious claims get validated by virtue of an inability to challenge them. Time just doesn't permit it, if the BSA is going to stop bleeding money to pay lawyers already tapping the estate at every turn. Love them or hate them, the insurance company's lawyers will probably be the most aggressive in attacking that wholesale acceptance of claims. BSA, as well, but maybe less so. Ideally and properly, and this is why Troop and LC rolls have been sought by the insurance companies and Tort Claimants Committee, there should be a factual investigation to determine if the people and places included in a claim were where they are said to have been at the times alleged. That would be a step one. Establishing higher level detail and/or corroboration of the allegations of abuse will be tricky. Also, as I understand it, the level of proof required is only the “by a preponderance of the evidence" standard, as in more likely than not to have happened. Once the basic circumstantial facts of people, places and things are confirmed, the rest will be difficult to dispute or disprove. 

The Official Sexual Abuse Survivor Claim Form requests information on the LC, Chartering Organization, other leaders in the Troop or LC, and, etc. I've been told some men don't remember so much as the adult's name. Some have a nickname or nothing at all for detail, not even the name of the place where the Troop met. That's not much to go on. Since there are so many claims, I imagine confirming basic facts will be done as best they can and quickly. As to corroboration, that rises to a level of investigation and interviewing they will not take, in my opinion. In my case, they have enough information to indict, prosecute, and convict several people, calling witnesses all day long if this were a criminal case. 

Assuming they satisfy a threshold level of factual context, when it finally comes to determining the 'value' of each abuse claim, which is the unfortunate bottom line here being solely about allocated pennies, the Authorized Reviewer(s) will be given a TBD agreed upon metric or grading scale by which to measure and rank the claim. Factors to be weighed include: the fragility/susceptibility of the claimant to damage from abuse; the presence and manner of grooming; the intensity and duration of the abuse; if others were involved in the abuse acts; did the abuser use pornography, take photos or make videos; was there threat of force, violence, stated or implied ramifications for refusal or disclosure; was there special treatment and inducement/rewards; and what were the impacts of the abuse on the claimant's life in multiple areas, including physical, psychological, financial, relational, sexual, educational and professional. There are numerous excellent examples of what the grading and ranking methods look like, particularly from some of the Roman Catholic Church and USA Gymnastics cases.

How is all this going to be legitimately verified and established? I don't know. It is a high mountain of claims to trek and lots of data to mine (or not). Again, if the choke point was created both as a means of making more money and to overwhelm the system, it may well work. At the end of the day, the mediators could recommend they slice the pie through a default, “Everyone gets an equal piece because we don't know who deserves more or less." That will be another travesty of the situation. I believe there are lawyers who would strongly object to that, but when negotiations start happening and payday is in sight, the level of compromise that can be sold to a client is about the persuasive skills of the attorneys, the inclination of the deep pockets to settle and the desire of the client/claimants to be done with it and get something. That said, I think the Coalition of Abused Scouts for Justice is the 800 pound gorilla in the mediation room, wielding the largest client list and, thus, enormous power to accept or refuse a proposed Plan of Reorganization. 

[ThenNow]

13 hours ago, yknot said:

My question though has been whether or how any perpetrators identified will be held individually accountable through this process. 

The only element of accountability being discussed is public disclosure of the names of abusers. I think that's the only thing the Court could order as part of the settlement. I know some survivor claimants and/or attorneys have that goal. As I mentioned, I don't like it for two reasons: (1) if my state creates a look back window by enacting the Victims Rights Act, I want to be able to surprise my abusers with a lawsuit and criminal prosecution; and (2) it doesn't seem right to accuse people publicly after anything less than a proper legal investigation of the allegations. As I mention elsewhere, this is claim validation and corroboration process is unlikely to involve anything close. For survivors or especially attorneys who are seeking public humiliation of these men and, more likely than not additional clients, they can use the Court to effectively defame and publicly convict people with impunity. That has bad public policy and immorality written all over it, in my view. 

[DuctTape]

49 minutes ago, ThenNow said:

The only element of accountability being discussed is public disclosure of the names of abusers. I think that's the only thing the Court could order as part of the settlement. I know some survivor claimants and/or attorneys have that goal. As I mentioned, I don't like it for two reasons: (1) if my state creates a look back window by enacting the Victims Rights Act, I want to be able to surprise my abusers with a lawsuit and criminal prosecution; and (2) it doesn't seem right to accuse people publicly after anything less than a proper legal investigation of the allegations. As I mention elsewhere, this is claim validation and corroboration process is unlikely to involve anything close. For survivors or especially attorneys who are seeking public humiliation of these men and, more likely than not additional clients, they can use the Court to effectively defame and publicly convict people with impunity. That has bad public policy and immorality written all over it, in my view. 

That is only because the perpetrators are not being sued themselves. 

[ThenNow]

13 hours ago, TAHAWK said:

There is a reason for statutes of limitations, assuming the accused have a right to defend claims made against them.  

I do believe the accused have the right to face their accuser(s) and defend themselves. When dead, that's obviously impossible. Here is something you may or may not find interesting or relevant. This is a theoretical framework hatched in my little brain, based on studying psychology, Complex PTSD derived from long-term child sexual abuse and some elements of the law. See what you think.

Statutes of limitations are critical to ensure stale claims/allegations aren't brought to court after witnesses are dead, documents shredded, memories faded, physical evidence tampered with, crime scene contaminated, and the like. In the case of murder, we consider the crime so heinous that we impose no such limitations. We consider the possibility that one human being willingly and maliciously took the life of another is sufficient basis to overcome all of the objections summed up in the notion that too much time has passed.

In 1991, Leonard Shengold published his important book, "Soul Murder." To distill, he posits that child sexual abuse, and other severe abuses, result in "psychic and spiritual annihilation." As I consider statutes of limitations on bringing claims and prosecutions for child sexual abuse, when I equate those acts with "soul murder," I feel completely justified in calling for lifting those limitations. Although I am obviously alive and able to think and function, if you knew my story you wouldn't completely dismiss out of hand the comparison of these two crimes. My story is by no means the worst. Not by far. I'm not too proud to say that an objective person could look at periods of my life and use the word "annihilated" to describe what they see.

Taking the theory a step further, if the abuser is equated to a "soul murderer," those who participate in, facilitate, hide, obfuscate or even fail to report the crime are, in fact and by law, accessories to that crime, to one degree or another. Enter other adults who tacitly consent or passively condone such acts, like Local Councils, Chartering Organizations and BSA National. Under my theory, they are accessories before and/or after the fact. They are not only a convenient target with money, they have some measure of responsibility. HOWEVER, I agree that times have changed and we know SO much more about the behavior of predators, the need to train and protect kids, monitor and qualify leaders, and all that's being done in Scouting and other youth organizations. I merely share this to lend my perspective on how the BSA situation might be seen through a different, and perhaps new, lens.     

[ThenNow]

3 minutes ago, DuctTape said:

That is only because the perpetrators are not being sued themselves. 

Well, they are in some cases. I'm not sure what you mean. The Chapter 11 is unique because it allows any and all claimant who allege abuse against an adult Scouting volunteer to file, regardless state law or statutes of limitations. That's the focus of this case. I'm not in the weeds on individual cases, but if I have the chance, I will certainly sue him, others, his wife and everyone I can factually and legally justify naming. 

[scoutldr]

1 hour ago, ThenNow said:

The only element of accountability being discussed is public disclosure of the names of abusers. I think that's the only thing the Court could order as part of the settlement. I know some survivor claimants and/or attorneys have that goal. As I mentioned, I don't like it for two reasons: (1) if my state creates a look back window by enacting the Victims Rights Act, I want to be able to surprise my abusers with a lawsuit and criminal prosecution; and (2) it doesn't seem right to accuse people publicly after anything less than a proper legal investigation of the allegations. As I mention elsewhere, this is claim validation and corroboration process is unlikely to involve anything close. For survivors or especially attorneys who are seeking public humiliation of these men and, more likely than not additional clients, they can use the Court to effectively defame and publicly convict people with impunity. That has bad public policy and immorality written all over it, in my view. 

First, let me say that the guilty should be severely punished.  My fear is that, in the absence of evidence, many good, innocent people will be named because those are the names they can remember, and details of facts fade over time.  To "out" them as guilty by association would be criminal slander.  

[ThenNow]

6 minutes ago, scoutldr said:

...details of facts fade over time.   

This is an excellent point and, begs another comment. As a survivor, I don't quite understand how someone could remember little or nothing about their abuse/abuser to a degree that they can't provide sufficient detail to allow it to be even limitedly corroborated. I understand it theoretically from the standpoint of repressed, suppressed and faded memories. Personally and experientially, not much is faded or foggy or cloudy or forgotten. 

[DuctTape]

2 hours ago, ThenNow said:

Well, they are in some cases. I'm not sure what you mean. The Chapter 11 is unique because it allows any and all claimant who allege abuse against an adult Scouting volunteer to file, regardless state law or statutes of limitations. That's the focus of this case. I'm not in the weeds on individual cases, but if I have the chance, I will certainly sue him, others, his wife and everyone I can factually and legally justify naming. 

yes. some are. I apologize for using a wide brush. My point (I bumbled) was that the bankruptcy hearings and tort against BSA cannot hold any individual liable unless they are named in the suit as a respondent.

[ThenNow]

Gotcha! Not a worry. I didn’t mean to be abrupt.