Chapter 11 announced - Part 3 - BSA's Toggle Plan

[DavidLeeLambert]

BSA wants to sell the "Scouting University" building to the highest bid among four "qualified bidders" and put the money in an escrow account for eventual contribution to the victims' trust.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/62be061b-eeb1-427a-9416-8e57a135751f_5095.pdf

"DEBTORS’ MOTION FOR ENTRY OF AN ORDER, PURSUANT TO SECTION 363 OF THE BANKRUPTCY CODE, AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY LOCATED IN WESTLAKE, TEXAS"

Purchase price: $2,100,000.

[ThenNow]

On 5/28/2021 at 9:35 AM, ThenNow said:

If anyone knows, I would be interested to know more about the abuse counseling reimbursement program they implemented some years ago. What spurred it? Who's decision was it? When did it start? I was not aware of it until the bankruptcy and I began surfing the various survivor sites they set up. I wish I had known about it years ago. 

Going to circle back on this. (Smirk and a nod to Jen Psaki.) Can any of you BSA historians help me with this? I am very curious. I would also like to get a sense if this will be a line item/funded project into the future, assuming that future exists, of course. Many thanks!

[ThenNow]

6 hours ago, Muttsy said:

A scout survivor who settled his lawsuit with the BSA about fifteen years ago paid Boyle for the rights to his book and put in up on the internet.

That was a very cool thing to do with part of his settlement money.

Edited June 1, 2021 by ThenNow

[CynicalScouter]

  

Read into this what you will. TCC's latest motion

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/44f5eafd-6bb1-4c4d-93eb-ecdac7fddacc_5178.pdf

TCC had retained CBRE to assist in determining the value of the Local Council properties ("including camps, service centers, and Scout Shops")

So far, so good. But now TCC wants the expand CBRE's scope to include, in short, a massive data viz map

Quote

CBRE began performing (and will continue to perform as necessary) certain additional real estate services related to the creation of an interactive online map to help the TCC visualize the impact of potential real estate decisions by combining valuation, demographic and other data related to the Real Properties.

Two things

1. CBRE started doing this on April 15 and expects to keep working through June 14 (at least)
2. The TCC is asking the court's permission to allow CBRE to continue the work

That sure as heck doesn't sound like the mediation went well/we are going to see a breakthrough this week and that TCC is going full bore after the LCs.

[ThenNow]

6 minutes ago, CynicalScouter said:

That sure as heck doesn't sound like the mediation went well/we are going to see a breakthrough this week and that TCC is going full bore after the LCs.

For my part, I concur. Buckle up, pack a lunch and bring a pee can.

[CynicalScouter]

Agenda now set for Jun 4 hearing https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/57da6150-6353-4fcc-b8ea-2925d05b2483_5197.pdf

No real shockers what the big ticket items items are.

Century is prepared to call witnesses to contest the idea that BSA must leave bankruptcy by August and to push its point that they want the 82,500 claims reviewed before anything happens.

The other big question: will the court announce its decision on exclusivity; it is currently "under advisement".

1. Debtors' Motion  for  Entry  of  an  Order  (I)  Approving  the  Disclosure  Statement  and  the Form and Manner of Notice, (II) Approving Plan Solicitation and Voting Procedures, (III) Approving Forms of Ballots, (IV) Approving Form, Manner, and Scope of Confirmation Notices,(V) Establishing Certain Deadlines in Connection with Approval of the Disclosure Statement and Confirmation of the Plan, and (VI) Granting Related Relief Status:  This matter is going forward. Century Indemnity Company will have Paul Hinton, David McKnight, and Robert Vanderbeek available to testify as witnesses.
2. Motion of the Official Tort Claimants’ Committee and Future Claimants’ Representative for  Entry  of  an  Order  Granting  Standing  and  Authorizing  the  Prosecution  of  Certain Challenge Claims on Behalf of the Bankruptcy Estates Status:  This matter is adjourned to a date to be determined after confirmation.
3. Motion  of  the  Future  Claimants’  Representative,  The  Official  Committee  of  Tort Claimants, and the Coalition of Abused Scouts for Justice for Entry of an Order, Pursuant to  11 U.S.C. §§ 105(a) and  502(c), (I)  Authorizing an  Estimation  of  Current and Future Abuse Claims and (II) Establishing Procedures and Schedule for Estimation Proceedings Status:This matter was taken under advisement by the Court at the May 19, 2021, hearing
4. Debtors’ Third Motion for Entry of an Order Extending the Debtors’ Exclusive Periods to File a Chapter 11 Plan and Solicit Acceptances Thereof Status: This matter was taken under advisement by the Court at the May 19, 2021, hearing
5. Debtors’  Motion  For  Entry  of  Order  (I)  Scheduling  Certain  Dates  and  Deadlines  in Connection  with  Confirmation  of  the  Debtors  Plan  of  Reorganization,  (II)  Establishing Certain Protocols, and (III) Granting Related Relief Status:  This matter is going forward. Century Indemnity Company will have Paul Hinton, David McKnight, and Robert Vanderbeek available to testify as witnesses.
6. Century’s Motion to Amend the Court’s Order (I) Approving Procedures for (A) Interim Compensation and Reimbursement of Expenses of Retained Professionals and (B) Expense Reimbursement  for Official  Committee  Members  and  (II) Granting Related  Relief Status:  This matter is going forward.

Edited June 2, 2021 by CynicalScouter

[CynicalScouter]

On 5/28/2021 at 5:29 PM, CynicalScouter said:

Chubb/Century have responded to the request from TCC and others for a court order demanding they produce documents. This gets...complicated. But let me explain.

And now the TCC/FCR/Coalition have responded to Chubb/Century's attempts to stall, stall, stall document production.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/d40c3e3d-de92-4d77-947f-0e7de46db184_5198.pdf

In short, Chubb/Century  refused to produce a single document, did have a meet and confer, then agreed to produce what amounted to garbage, and are stalling, stalling, stalling.

Quote

The Movants do not believe that a Disclosure Statement should be approved until Century produces the requested Documents. The Movants respectfully submit that, for the reasons stated previously and in light of Century’s actions and positions, Century simply will not produce the key Documents unless ordered to do so by this Court.

 

Edited June 2, 2021 by CynicalScouter

[CynicalScouter]

And what is it the TCC/FCR/Coalition want? They want to know exactly how much Century and Chubb are on the hook for here AND/OR how much their maximum assets are. In other words, if the channeling directive puts Century's insurance into the Settlement Trust, how much is CENTURY on the hook and how much is CHUBB on the hook, max? Or will they simply say "We only agreed in the INA transfer to pay out $50 million max, to heck with all of you."

The other possibility is that Century may say "All we Century HAVE is $50 million, and Chubb's not on the hook for ANY of this, so you can't get blood out of a stone, so that's it."

Quote

to produce documents related to (i) the 1995 and 1996 restructuring of INA Financial Corporation and its subsidiaries and (ii) the financial condition of each entity (including Century, Chubb, and any related entities) that is financially responsible for the liabilities arising under the INA Policies that the Debtors are proposing to contribute to the Settlement Trust

and
 

Quote

Mr.Schiavoni,

Century has not produced, among other things, documents and information pertaining to the 1995 and 1996 transactions by which certain INA policies were allegedly ascribed to Century.

 

Edited June 2, 2021 by CynicalScouter

[Eagle1993]

Moved the Michigan discussion to a new topic.

 

Edited June 2, 2021 by Eagle1993

[johnsch322]

In the TCC letter to the judge I find it amazing that all the email addresses are exposed.  Maybe we should all email Mr. Schiavone and ask him why he won't comply?  LOL

[CynicalScouter]

8 minutes ago, johnsch322 said:

In the TCC letter to the judge I find it amazing that all the email addresses are exposed.

The email addresses were already exposed on like every document at this point, not the least of which were documents Schiavoni had signed electronically, starting with his motion for admission pro hac vice back in April 2020.

So, his email address wasn't exactly a secret. Neither were any other of the attorneys for that matter.

As for mass/blast email, he wouldn't respond and I would 100% believe that he'd use that in a future filing to demonstrate a "pattern of harassment" and try to pin it on the TCC or Coalition. He's already quoted Kosnoff numerous times who "resigned" from the Coalition months ago, something the Coalition noted in their most recent filing to the judge after Kosnoff popped off with his views of the judge and her abilities (or lack thereof).

Edited June 2, 2021 by CynicalScouter

[johnsch322]

3 minutes ago, CynicalScouter said:

As for mass/last email, he wouldn't respond and I would 100% believe that he'd use that in a future filing to demonstrate a "pattern of harassment" and try to pin it on the TCC or Coalition.

I am sure you are correct and we all know that reading emails to that address is not something he actually does.  Only after an assistant screens them.

[ThenNow]

8 minutes ago, johnsch322 said:

I am sure you are correct and we all know that reading emails to that address is not something he actually does.  Only after an assistant screens them.

I've directly emailed some of the big cheese attorneys on this case. Replies came from their designated email opening, unimportant email responding, please make this person go away, step and fetch it associate.

[Muttsy]

Johnsch322, 

That is not a crazy idea whatsoever.  Schiovoni's masters at Chubb should feel some hostile public response. Chubb owns hundreds of subsidiary insurance companies world-wide. I would venture to say that there are members of this forum that pay insurance premiums to Chubb or one of its subsidiaries. I do. But I won't be renewing with Chubb next spring. 

Chubb Limited, incorporated in Zürich, Switzerland, is the parent company of Chubb, a global provider of insurance products covering property and casualty, accident and health, reinsurance, and life insurance and the largest publicly traded property and casualty company in the world.^[2] Chubb operates in 55 countries and territories and in the Lloyd's insurance market in London. Clients of Chubb consist of multinational corporations and local businesses, individuals, and insurers seeking reinsurance coverage. Chubb provides commercial and personal property and casualty insurance, personal accident and supplemental health insurance, reinsurance and life insurance. The current corporate branding was established when ACE Limited acquired Chubb in 2016, then adopted the Chubb name.^[

 

[CynicalScouter]

13 minutes ago, Muttsy said:

That is not a crazy idea whatsoever. 

It sorta is, for the reasons I listed before.

You may hate his ever loving guts, but your emails are going to do nothing to dissuade him from protecting his clients interests. JUST LIKE an effort to email the TCC lawyers (for example) from BSA supporters would do absolutely nothing to change what they are doing, at least I would hope.

An attorney's job is to zealously defend the interests of the attorney's client. Schiovoni's doing that. Hate the stalling tactic, but he's doing what he is suppose to do. And TCC/FCR/Coalition are doing what they are suppose to do. Now let see what the judge does.

You want to email Chubb itself and tell them they are evil pondscum? Have at it.

But just like I would hope that BSA supporters would not rally to email flood the attorneys for the TCC, the Coalition, or others in an effort to pressure those lawyers, I would hope that supporters of CSA victims will not do the same.

It won't do any good and might be counterproductive (if, for example, Schiovoni cites it in future pleadings to suggest he is being targeted/harassed).

Edited June 2, 2021 by CynicalScouter