Chapter 11 Announced - Part 6 - Plan 5.0/TCC Plan TBD

[Eagle1993]

Just now, ThenNow said:

So, remember the Kosnoff/TCC email thing? Me either. I just had a “flashy thing” *poofed* before me and that is no longer in my memory bank as of...NOW. This day, I shall not forget. (Nod to Men In Black.) WOWZERS!!

If bankruptcies have momentum, today seemed like a big swing to the TCC.  A coalition lawfirm lost their fight to keep some of their communications sealed.  They fought hard and even had AVA (who seems to do nothing in this case) file agreements. The judge ruled against them.  Then to see the BSA be slapped for using a mediator in their plan .. can't be good for them.   I'll be curious to see if we see the reason KR fought so hard to keep them private.  

If I were to guess what is happening based on the last few hearings.

• Vote is not going BSA's way.   If it were, they would NOT have delayed the deadline.  The schedule was critical to them ... and now they are open to delays?  In addition, do I really think Coalition lawyers would be calling up no votes and spending 20-30 minutes begging one person to vote yes if the vote was going well?  I expect the total votes coming in (including master ballots) is very low.  This would follow other similar cases.  In addition, the votes coming in are not at the 66%+ needed (which is why the are spending a LOT of time with individual claimants.
• Meditation with TCC is picking up and improving.  I expect that means the local council contribution may be back on the table (I don't see much more from National).  There have been multiple references to mediation starting to go well.  It was mentioned at the TCC townhall.  It was mentioned today in court.
• The judge is calling balls & strikes ... and just called two strikes on the BSA/Coalition.  Will KR now start stepping back knowing his communications, even going forward, could easily end up on the court docket?  Will he start being concerned about keeping a law license given complaints that are starting to be filed in PA?  Mediators are now pretty much out of the picture ... so it seems like it will be Mono vs Mono (BSA vs TCC).  Remember, the mediator who seemed to question the direction previously resigned ... it seems like mediator change was against the BSA.

[ThenNow]

“Big swing,” indeed. Sorta like one attached to a huge tree next to some scary frigid water, over which one party has just been launched while the other sits calmly on the shady bank, smiling and saying, “Jump! You’ll be fine. If you don’t, I’ll just push you back out anyway.” Okay. That was an awesome word picture. Am I right or am I right? I know. I’m right.  

[fred8033]

Big swing against the BSA, but I'm not sure it helps the claimants.  I could easily see a failed bankruptcy resulting in less dollars for many victims.  More for some by actions against their specific LC.  

Only path out seems to be a BSA only bankruptcy exit.  The other parties maintain their liability.  

Edited December 7, 2021 by fred8033

[RememberSchiff]

Just baffling, Kevin Carey was her former colleague.

On 10/25/2020 at 10:26 PM, RememberSchiff said:

Judge Silverstein decided on a three person mediation panel which includes Paul Finn and Tim Gallagher who were forwarded by the BSA. For the third position, Judge Silverstein did not appoint BSA's third candidate choice rather former bankruptcy judge Kevin Carey.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/823120_773.pdf

Glad to hear that Greene will not be Settlement Trustee,

Edited December 7, 2021 by RememberSchiff

[Eagle1993]

Just now, RememberSchiff said:

Just baffling, Kevin Carey was her former colleague.

 

It could explain why she seems so upset.  Not emotional, but clearly not happy with having to take action.  She found his name in the 620 page supplement BSA filed November 30.  She must have read that entire document as no one objected to Carey.  Very impressive.

[RememberSchiff]

33 minutes ago, Eagle1993 said:

It could explain why she seems so upset.  Not emotional, but clearly not happy with having to take action.  She found his name in the 620 page supplement BSA filed November 30.  She must have read that entire document as no one objected to Carey.  Very impressive.

 

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/d9237f32-7111-40dc-90b9-459fa7587e6b_7589.pdf

[johnsch322]

Today I received a call from the law firm who is my representation, and it was in direct contrast to the calls that I heard from KR's firm and the coalition to their clients.  I was informed that they had not received my ballot and I told her that I sent it directly to Omni.  She asked if I had a receipt and I told her yes, I sent it by registered mail. She said no problem they just wanted to make sure that I voted.  Not one mention from her about how I voted. If everyone could follow ethical rules this procedure would have gone faster.

PS I did tell her at the end how I voted (reject) and told them to keep up the good work.

Moderators I put this here since it is an issue yesterday and today in front of the judge.

Edited December 7, 2021 by johnsch322

[ThenNow]

1 hour ago, Eagle1993 said:

It could explain why she seems so upset.  Not emotional, but clearly not happy with having to take action.

I hate to say it, but I’ve worn that look way too many times after one of my kiddos pulled some ill-advised, doofus move. It’s called disappointment. It’s hard to disguise that facial expression and roll of the eyes. I must say, to her credit, she totally nailed it. I give her a solid 10. She even stuck the landing. (See above.) 

Edited December 7, 2021 by ThenNow

[johnsch322]

1 minute ago, ThenNow said:

I hate to say it, but I’ve worn that look way too many times after one of my kiddos pulled some ill-advised, doofus move. It’s called disappointment. It’s hard to disguise that facial expression and roll of the eyes. I must say, to her credit, she totally nailed it. I give her a solid 10. She even stuck the landing. (See above.) 

Even Tim Kosnoff is singing praises to her today.

[ThenNow]

3 minutes ago, johnsch322 said:

Even Tim Kosnoff is singing praises to her today.

Know why? Per said yachting used to was and is again attorney, “Judges rule...that’s what they do...so RULE,” or something to that effect. She is starting to call em likes she sees em. I felt the breezes from the two whiffs earlier in the day. One was a split finger fastball, the other a wicked curve. I’m hoping the next one is an unhittable knuckler. I love watching that, but not trying to introduce wood to leather.

[ThenNow]

I promised not to copy, regardless the broad permissions I am granted. I don’t need another scarlet letter on my forehead. Suffice it to say, the news is landing. If you can get there, here’s one. Law360 has another.

https://www.wsj.com/articles/retired-judge-pushed-out-of-boy-scouts-bankruptcy-mediation-11638915587

Edited December 7, 2021 by ThenNow

[johnsch322]

1 minute ago, ThenNow said:

I don’t need another scarlet letter on my forehead

Wear it with pride!!

[MYCVAStory]

2 hours ago, Eagle1993 said:

She must have read that entire document as no one objected to Carey.  Very impressive.

Objections to the plan and supplement are not due until the new year.  She knew they were coming.  This makes the TCC's unintentional email mistake seem minor compared to an intentionally agreed upon deal between the BSA and Coalition to try and install Carey as special reviewer (sort of a trust mediator and not Trustee).  The judge is going to hear a LOT more about mediation now.  Remember, the BSA and Coalition have been saying its been ongoing, intensive, valuable, productive etc.  The TCC has complained that its been excluded at times and non-settling insurers have said the same.  So now we have a judge that looked at the BSA's actions, in light of their contention about the value of mediation, and has said that at least one of the two remaining mediators was not impartial to the standard that the bankruptcy code required.  As well, she also brought up the possibility of eliminating the mediation altogether.  Why didn't she?  Well, there's one mediator remaining and his specialty is insurance mediation.  So, the BSA must now push that its plan was created "in good faith" when one of the mediators was working in concert with them to have a paid role in the Trust after confirmation?  That isn't good faith and the Judge knows it.  The BSA and Coalition have a VERY big problem now and we're still 48 days away from a confirmation hearing with objectror's expert reports and more objections still to come.  

[RememberSchiff]

On 10/23/2020 at 10:23 AM, RememberSchiff said:

Late last week, U.S. Bankruptcy Judge Laurie Selber Silverstein allowed the Coalition of Abused Scouts for Justice to join mediation discussions, giving a group representing 28,000 clients a say in any future settlement agreement. 

So far, 7,300 victims represented by the 10 law firms in the coalition have signed consent forms allowing the attorneys to negotiate on their behalf. More are expected to sign before the November deadline to file proof of their allegations. 

More at source: Scouts' abuse claims may become largest case against a single national organization

https://www.usatoday.com/story/news/investigations/2020/10/23/boy-scouts-sex-abuse-claims-may-grow-tens-thousands/3718751001/

 

13 minutes ago, MYCVAStory said:

... As well, she also brought up the possibility of eliminating the mediation altogether.  Why didn't she?  Well, there's one mediator remaining and his specialty is insurance mediation.

The judge just removed a mediator from the mediation, could she similarly remove a group from the mediation?

[johnsch322]

1 hour ago, ThenNow said:

Know why? Per said yachting used to was and is again attorney, “Judges rule...that’s what they do...so RULE,” or something to that effect. She is starting to call em likes she sees em. I felt the breezes from the two whiffs earlier in the day. One was a split finger fastball, the other a wicked curve. I’m hoping the next one is an unhittable knuckler. I love watching that, but not trying to introduce wood to leather.

From Tim Kosnoffs Twitter account:

"One more impressive thing about Judge Silverstein is that she is a hard worker. She actually read that 700 page font size 4 Plan in its entirety because she spotted the $1500 special reviewer spot reserved for Carey. I’ll bet her dog went and hid under the bed when she spotted it"

"None of the overpaid bankruptcy suits raised it. She did it sua sponte. Smart, hard working, courageous and ferociously independent."

"I take back every mean derogatory tweet about Judge Silverstein. She was magnificent today. She showed true judicial courage in her rulings today denying ER’s and AVA’s attempt to silence survivors and me. And she fired her former chief judge Carey as a mediator. Bravo Judge."