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Chapter 11 Announced - Part 7 - Plan 5.0 - Voting/Confirmation


Eagle1993

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17 minutes ago, Eagle1993 said:

If this is any indication of master ballots, you might see thousands of yes votes pour in from these law firms. 

If I were those firms, I would’ve held them as long as possible. Extra time and new deals were the play to garner more yes votes.

Edited by ThenNow
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5 minutes ago, johnsch322 said:

We shall see in due time. 

That said, I think Zalkin is preparing a major line of attack against yes votes from the Coalition.  Kosnoff’s deposition focused on their questionable tactics and their custom eBallot.  Silverstein has disqualified yea votes in the past, she may again. 
 

 

7 minutes ago, ThenNow said:

JLSS wants BSA to survive

100% agree.  I think if she sees 95% yes votes she will jump on this plan. If she doesn’t, then she may be aggressive in the other direction. 

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4 hours ago, ThenNow said:

As I heard her, it was pretty clear by implication and tone of voice, she read the opinion doesn’t feel that way at present. Her responses were clipped and emphatic, effectively stating that Circuit Court is not this Circuit Court. JLSS has a lot on her plate, a ton to read, cats, raccoons and honey badgers to wrangle and an awful lot to think about between here and there (wherever that ends up being).

Reading about 3rd party releases last night.  District courts are not consistent. 

 https://www.natlawreview.com/article/third-party-releases-are-not-consistent-bankruptcy-code-creditors-can-still-maintain

Fascinating topic.  

Edited by fred8033
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34 minutes ago, ThenNow said:

 

If I were those firms, I would’ve held them as long as possible. Extra time and new deals were the play to garner more yes votes.

Here is an interesting example from an AIS claimant.

a2b61c74-2f4c-406e-8faf-d84d603035d9_8027.pdf (omniagentsolutions.com)

They started with a no vote using eBallot, on Dec 8th.  Changed to yes on December 20th after he was told by KR's firm he would receive $0 if he voted no (I don't think that is true).  The firm then told him he would receive >$3500 if he voted yes even after all fees.  

Now, the abuser was his father ... so I wonder how BSA is liable at all.  Since his father was also his Scoutmaster?  Is this even a valid claim?

Then there is this confused individual.

ce8a444b-1aa4-4905-9e63-b99bafbc83b8_8021.pdf (omniagentsolutions.com)

Vote is yes, no to $3500 and he opts out of the release as he is suing his chartered organization.  Um, sorry, right now if you vote yes you lose that right.  

This is going to be a MESS.  Just reading these letters, these men are completely confused.  Where are their law firms clearly explaining the impact of voting yes/no?  These letters could be used by those against the plan to show even yes votes were not fully informed by their law firms.  Note that I am sure some no votes are probably just as confused.

If law firms make 40%, the least they should do is clearly inform their claimant as to the impact of their vote.  

 

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3 minutes ago, Eagle1993 said:

Judge Novak, based on a case he is seeing, is now questioning releases in District 4.  I agree, very interesting and it seems to be dynamic. 

Anyone know who appointed these judges, as in of what political affiliation? It shouldn’t matter, but it often does.

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2 minutes ago, ThenNow said:

Anyone know who appointed these judges, as in of what political affiliation? It shouldn’t matter, but it often does.

Novak is Trump.  McMahon is Clinton. Delaware seems to have 4 judges, two Obama and two Trump.
 

Im not sure it matters much in this case.  I could see both sides upset if bankruptcy courts are going outside the law.  

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My thoughts.

1. While I want the plan to be approved,  i have major reservations about the voting.

A. I want only actual, vetted victims to be allowed to vote. I have not watched, nor read the TK deposition (if anyone has a link to the transcript i would appreciate it), but from what i am gathering, and from questionable examples in previous posts there appears to be fraud going on. I hope those committing it are punished to the fullest extent of the law and fines go towards victims. 

B. The coercion some firms are applying to their clients to vote a certain way is also appalling,  and i hope any professional and legal sanctions are applied.

C. The lack of service some firms are providing their clients is appalling. I hope there are ways to void contracts so they cannot get paid for services they did not provide. Further I hope professional and legal sanctions occur, with the financial penalties going to victims that hired them, but did not provide services to.

2. I hope that victims can go after their perps.

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25 minutes ago, Eagle1993 said:

Im not sure it matters much in this case.  I could see both sides upset if bankruptcy courts are going outside the law

Who knows. Throwing darts.

I don’t know if you guys have read this. Just found it

https://www.gibsondunn.com/congressional-committees-propose-changes-to-bankruptcy-code-prohibiting-non-consensual-releases-of-third-parties-and-limiting-other-important-bankruptcy-tools/

Edited by RememberSchiff
Removed bathroom and other bodily references
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2 hours ago, Eagle1993 said:

No, but there was this big vote dump. All of these 100+ voted yes.

I would like to have heard or now see the attorney’s argument given to the clients. My reason is not to question the viability of anyone voting to approve. That is their choice. I want to see if it is so convincing and unequivocal as to compel every single one of their clients. Not a single dissenter. Or, perhaps, was there very little communication and the attorneys merely said, “Trust us. We got your back”?

Edited by ThenNow
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