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

[Eagle1993]

2 hours ago, CynicalScouter said:

Those represented by counsel, especially counsel that are part of the Coalition, are going to hear "I, as your lawyer, am recommending you approve the deal." The question is whether or not victims are going to go against the direct advice of their own personal attorneys.

 

I think we have a few (or at least 1) AIS claimants on this forum.  I'm curious about that relationship.  Who did they see as their counsel?  Was it AIS or Kosnoff or some other law firm?  

The biggest group of claimants in the coalition come from AIS, correct?  My understanding is 25% of the Coalition is AIS.  However, AIS is clearly split and Kosnoff is against the deal while other lawyers are for it.

So ... will those 16,000 claimants get mixed recommendations?  What happens if their names appear on multiple master ballots and their votes differ?  Century went on for a while about this, but I never heard a resolution.  

[David CO]

9 hours ago, SiouxRanger said:

How does this happen?

I have no idea.  I've never experienced anything like it.  Yet people tell me it's everywhere.  I don't see it, but people tell me it exists.  I sometimes feel like a scout who has never been bit by a mosquito.  It's hard to understand what everybody is complaining about.

 

[CynicalScouter]

25 minutes ago, Eagle1993 said:

The biggest group of claimants in the coalition come from AIS, correct? 

Here's the problem.

AIS consists of 3 law firms.

1. Kosnoff Law, PLLC
2. AVA Law Group, Inc.
3. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C.

Rothweiler is 100% Coalition. Kosnoff and AVA are not. As a result, you get this.

Quote

The Law Firms represent 15,103 Abuse Victims. Of that group, 3,054 are also members of the Coalition of Abused Scouts for Justice (the “Coalition”).

So, non-Coalition, AIS abuse victims = 12,000.

So, Coalition, AIS abuse victims = 3054.

Edited October 1, 2021 by CynicalScouter

[CynicalScouter]

20 minutes ago, David CO said:

It's hard to understand what everybody is complaining about.

They are complaining about children being sexually abused.

And statistically speaking (not just in BSA, but in general) you interacted with sexually abused children as a CO and teacher. You just didn't know it because of the shame and pain associated with it.

That does NOT mean it did not happen.

Edited October 1, 2021 by CynicalScouter

[Eagle1993]

10 minutes ago, CynicalScouter said:

So, non-Coalition, AIS abuse victims = 12,000.

 

But during Rothweiler's cry fest, he said he represented 16,000.  I wonder if BSA is using that 16,000 number instead of the 3,054.  If that is the case, they are under 67%.

[CynicalScouter]

6 minutes ago, Eagle1993 said:

But during Rothweiler's cry fest, he said he represented 16,000.  I wonder if BSA is using that 16,000 number instead of the 3,054.  If that is the case, they are under 67%.

Because all three AIS firms claim they all three jointly represent all 16,000.

That number has been used by Kosnoff to claim HE represents 16,000. Etc.

[MYCVAStory]

13 minutes ago, CynicalScouter said:

Because all three AIS firms claim they all three jointly represent all 16,000.

That number has been used by Kosnoff to claim HE represents 16,000. Etc.

That is a VERY important point.  In the Q&A at last night's Town Hall MANY participants were asking if their attorney was a part of the Coalition, and many commented that their attorney was but they didn't support the plan.  It's going to be interesting to see how this shakes out and whether all the high numbers the Coalition has been throwing around really become reality.  I'm increasingly feeling like the BSA's finances aren't the only "melting ice cube."

[CynicalScouter]

43 minutes ago, MYCVAStory said:

It's going to be interesting to see how this shakes out and whether all the high numbers the Coalition has been throwing around really become reality.

The victims are going to be hearing in one ear direct from their attorneys "Take the deal. There's more money coming. This is just a down payment."

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/9e6bec25-c79e-44c4-9305-119362586c17_6441.pdf

Quote

The Coalition and the FCR have worked tirelessly on behalf of survivors to negotiate the terms of the Plan, which will provide over $1.7 billion (likely more) to be paid to survivors. It also provides the framework for substantial future settlements that will increase the recovery for survivors.

And on the other side the TCC (and for that matter some attorneys with victims who do NOT have time barred claims and others) junk the deal.

[CynicalScouter]

Official agenda for October 5 is up

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/4048f5b6-0d68-46cb-b3bf-f9ebbb5925eb_6455.pdf

 

Quote

MATTERS GOING FORWARD
1. 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 (D.I. 2618, filed 4/15/21).

 

[ThenNow]

1 hour ago, MYCVAStory said:

I'm increasingly feeling like the BSA's finances aren't the only "melting ice cube."

If KR’s “Gloom, despair and agony on me...!” infomercial, the Coalitions press release and the *tick, tick, boom!* reactions to them are any indication, something smells and it ain’t Tobi Vail’s Teen Spirit. Smells like desperation. Couple that with the judge’s nip-tuck “neutering” of the Coalition in the form of their attorney fees (just quoting the court record!) I think the heat is on. TCC on the ascendancy. Return of the Jedi, my friends, ROTJ.

This is officially my favorite pop culture “name” dropping post of all time. By the by, the nice thing about name droppings is there’s really no cleanup at all. Well, unless someone tells me I’m off color again, in which case I’ll be forced to squeegee my screen after spewing Diet Coke as I burst out laughing.

[CynicalScouter]

So last week the BSA filed a motion for a protective order in effect declaring anything and anything Century has ever asked for as protected by mediation privilege.

Now, the TCC has come out in opposition to that motion.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/c65363b0-b7f1-488c-9b84-4a0b601f2817_6457.pdf

As I read the TCC is arguing

1. BSA is way out of line closing off entire lanes of inquiry by making everything "mediation privilege".
2. EVEN IF the BSA wants to make everything mediation privilege, the time to do that is after someone demands the discovery. Not to seek a peremptory order.

[Eagle1993]

[PeterHopkins]

On 9/28/2021 at 11:09 AM, Eagle1993 said:

So, why would they delay if the end result is likely a higher payment then the current deal they could strike.  My guess is that they think by delaying, the other side will negotiate a lower settlement offer so insurance stops objecting.  If the other side was willing to wait it out, insurance would likely have to pay >>>>$ than the current settlement.

Insurance companies also make terrific use of their capital. The longer the delay, the more their capital will grow. They want to pay claims as late as possible. Even paying out somewhat more at a later date is a better deal for them than paying out earlier. 

[CynicalScouter]

https://money.yahoo.com/survivors-soon-vote-boy-scouts-222712191.html
 

“A USA TODAY analysis suggests that as many as half of those who filed claims could end up with a few thousand dollars – a fraction of what their counterparts have been allotted in more than a dozen bankruptcy cases involving Catholic dioceses.”

 

[skeptic]

21 minutes ago, CynicalScouter said:

https://money.yahoo.com/survivors-soon-vote-boy-scouts-222712191.html
 

“A USA TODAY analysis suggests that as many as half of those who filed claims could end up with a few thousand dollars – a fraction of what their counterparts have been allotted in more than a dozen bankruptcy cases involving Catholic dioceses.”

 

Not sure USA Today is a very reliable source from most of what they publish.