Chapter 11 Announced - Part 8 - TCC Term Sheet & Plan Confirmation

[MYCVAStory]

From the TCCBSA.COM website:

The TCC will be holding a Town Hall on Thursday, February 17, 2022 at 8 pm (Eastern) to discuss the latest developments in the BSA bankruptcy.  Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required)  or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295

[1980Scouter]

1 hour ago, MYCVAStory said:

From the TCCBSA.COM website:

The TCC will be holding a Town Hall on Thursday, February 17, 2022 at 8 pm (Eastern) to discuss the latest developments in the BSA bankruptcy.  Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required)  or by phone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295

I hope they discuss the reasoning behind not demanding LC's contribute more to the fund. That was a big item for them for a long time.

[PaleRider]

On 2/12/2022 at 6:48 PM, Eagle1970 said:

I'm almost 66 and can remember most everything in my life, in detail.  I have a friend in his late 50's who can't remember last week.  It's frustrating to even try to converse.  So, I get it and there may be some in that situation.  But opportunists game most every mass tort.  And I'm confident, with all those commercials, this is no exception.  Hell, not a bad deal just for $3500, for an opportunist.

I agree that it may be some with memory problems but speaking only for me not being able to provide your troop number,the pedophile name,and what and where it happened is something not matter how hard I try to forget that is something that is in my head for life.Its hard to believe that if someone was truly abused you can't remember the who,when,where and what abuse happened.I really pray the fakes get weeded out.

[yknot]

1 minute ago, PaleRider said:

I agree that it may be some with memory problems but speaking only for me not being able to provide your troop number,the pedophile name,and what and where it happened is something not matter how hard I try to forget that is something that is in my head for life.Its hard to believe that if someone was truly abused you can't remember the who,when,where and what abuse happened.I really pray the fakes get weeded out.

I had my head bashed in by an older scout and the only thing I remember is the where. Not when. Not who. Not why. I just remember having my head slammed into a brick wall and waking up on the ground. I didn't tell my parents. I didn't tell teachers. The only person who knew it happened other than the scouts who did it was a friend who was in the school yard with me when it happened and I don't remember who they were. Memory is very individual and situation specific. I had another incident of attempted sexual abuse in broad daylight in a ditch walking home from school. The mud is all I remember. 

[Eagle1993]

Amended Chapter 11 Plan Third Modified Fifth Amended Chapter 11 Plan

Exhibit(s) Notice of Filing of Debtors' Third Modified Fifth Amended Chapter 11 Plan of Reorganization and Blackline Thereof (related document(s)6443, 7832, 8813) Filed by Boy Scouts of America. (Attachments: # 1 Exhibit 1 (the redline Plan)) (Topper, Paige)

Plan SupplementNotice of Filing of Fourth Amended Plan Supplement to Third Modified Fifth Amended Chapter 11 Plan of Reorganization for Boy Scout of America and Delaware BSA, LLC (related document(s)6443, 7515, 7832, 7953, 8647, 8813) Filed by Boy Scouts of America

Exhibit(s) Notice of Filing of Exhibits I-1 and J-1 to Debtors' Third Modified Fifth Amended Chapter 11 Plan of Reorganization and Redlines Thereof (related document(s)8813) Filed by Boy Scouts of America.

Exhibit(s) Notice of Filing of Exhibits I-2, I-3, I-4 and J-2 to Debtors' Third Modified Fifth Amended Chapter 11 Plan of Reorganization (related document(s)8813) Filed by Boy Scouts of America.

[SiouxRanger]

On 2/12/2022 at 4:01 PM, yknot said:

I've seen little in the plan that constitutes any kind of a real restructuring of the organization. The only strategies for future success are lasered in on yet more marketing and reliance on membership increases. There is a lack any kind of independent, outside or even introspective review of how scouting is going to survive beyond the 2020s.

BINGO. Where is the meaningful change? Like the Wizard of Oz, "Pay no attention to the man behind the curtain."

I am sick of the secrecy.

Us volunteers FUND National and the Local Councils, all not-for-profits, yet all the financials are hidden.

Nothing is GAAP. At least that which does see the light of day.

Time for a change.

[SiouxRanger]

On 2/12/2022 at 3:38 PM, Eagle1970 said:

To me, it is morally wrong to pit victims against each other and give victims who were merely touched more money than victims who endured unspeakable horrors, based solely on the state where abuse occurred.  I understand that is how it is, but I find it reprehensible.

I've commented on this before, some time ago. And to be brief.

The concept of "bankruptcy" is that a legal entity, National BSA in our case, as a corporation, can obtain legally binding forgiveness from part of all, or all of all the debts legally enforceable against it.  Chapter 11 is the part of all, and Chapter 7 is all of all.

This is a critical concept. Creditors of National, who ONCE HAD a legal claim against National are simply not part of the concept of the bankruptcy law. They are NOT claimants in a bankruptcy sense.

So, NATIONAL proposes, through its PLAN, contrary to all bankruptcy law, that scouts, now adults, who no longer have any legally enforceable claim against National (due to the passage of time, and having passed statutes of limitation), should be included in the class of claimants entitled to a settlement payment.

"And why would that be?" -Carson of Downtown Abbey.

Because National BSA has to havSadly, I just hang on words.

 

 

 

 

 

 

 

 

 

 

[SiouxRanger]

2 minutes ago, SiouxRanger said:

I've commented on this before, some time ago. And to be brief.

The concept of "bankruptcy" is that a legal entity, National BSA in our case, as a corporation, can obtain legally binding forgiveness from part of all, or all of all the debts legally enforceable against it.  Chapter 11 is the part of all, and Chapter 7 is all of all.

This is a critical concept. Creditors of National, who ONCE HAD a legal claim against National are simply not part of the concept of the bankruptcy law. They are NOT claimants in a bankruptcy sense.

So, NATIONAL proposes, through its PLAN, contrary to all bankruptcy law, that scouts, now adults, who no longer have any legally enforceable claim against National (due to the passage of time, and having passed statutes of limitation), should be included in the class of claimants entitled to a settlement payment.

"And why would that be?" -Carson of Downtown Abbey.

Because National BSA has to havSadly, I just hang on words.

 

 

 

 

 

 

 

 

 

 

 

[InquisitiveScouter]

1 hour ago, SiouxRanger said:

BINGO. Where is the meaningful change? Like the Wizard of Oz, "Pay no attention to the man behind the curtain."

I am sick of the secrecy.

Us volunteers FUND National and the Local Councils, all not-for-profits, yet all the financials are hidden.

Nothing is GAAP. At least that which does see the light of day.

Time for a change.

I believe the only way for that to occur would be to remove the money.

Just about everything I have seen that is "wrong" with the organization stems from the consolidation, the pursuit, or the protection of money.

Was BP on to something when he essentially asked for that?

To my Brother Scouters and Guides:

Cecil Rhodes said at the end of his life (and I, in my turn, feel the truth of it), "So much to do and so little time to do it." No one can hope to see the consummation, as well as the start, of a big venture within the short span of one life-time.

I have had an extraordinary experience in seeing the development of Scouting from its beginning up to its present stage. But there is a vast job before it. The Movement is only now getting into its stride. (When I speak of Scouting I include in it Guiding also.) The one part which I can claim as mine towards promoting the Movement is that I have been lucky enough to find you men and women to form a group of the right stamp who can be relied upon to carry it on to its goal. You will do well to keep your eyes open, in your turn, for worthy successors to who you can, with confidence, hand on the torch. Don't let it become a salaried organization: keep it a voluntary movement of patriotic service.

The Movement has already, in the comparatively short period of its existence, established itself onto a wide and so strong a footing as to show most encouraging promise of what may be possible to it in the coming years. Its aim is to produce healthy, happy, helpful citizens, of both sexes, to eradicate the prevailing narrow self-interest; personal, political, sectarian and national, and to substitute for it a broader spirit of self-sacrifice and service in the cause of humanity; and thus to develop mutual goodwill and cooperation not only within our own country but abroad, between all countries. Experience shows that this consummation is no idle or fantastic dream, but is a practicable possibility - if we work for it; and it means, when attained, peace, prosperity and happiness for all. The "encouraging promise" lies in the fact that the hundreds of thousands of boys and girls who are learning our ideals today will be the fathers and mothers of millions in the near future, in whom they will in turn inculcate the same ideals - provided that these are really and unmistakably impressed upon them by the leaders of today.

Therefore you, who are Scouters and Guiders, are not only doing a great work for your neighbor's children, but are also helping in practical fashion to bring to pass God's Kingdom of peace and goodwill upon earth. So, from my heart, I wish you God-speed in your effort.

Baden-Powell
 

 

Edited February 15, 2022 by InquisitiveScouter

[NJScout1980]

I have been reading this blog for months and finally decided to express how I feel about this plan.  I have always and continue to believe there are thousands of fraudulent sexual abuse claims filed in this bankruptcy.  I also believe there are thousand of legitimate abuse claims that have not been filed.  I am frankly disgusted by the lawyers of the Coalition and more specifically those of AIS.  The coalition and the “supposed non organization” (AIS) actively recruited “victims” without, in my opinion, any legitimate vetting.  My attorneys required a vast amount of evidence, which I provided, to ensure my claim was vetted and valid. 
 

I was sexually assaulted by a volunteer scouter in New York, which fortunately for me is an open state.  I waited years and years for NY to finally open the SOL so I could seek justice.  I waited and accepted the fact I would not be able to seek justice unless NY acted and I am happy they finally did.  
 
While I voted REJECT on the original plan, I am now voting to ACCEPT.  My reasoning is simple:  

1.  A tougher level of proof is required and many, if not most, of the fraudulent claims will be paid out at a lower rate.  

2. People from closed states will receive some form of justice and payment even though, sadly in all legal reality, are entitled to nothing 

3. Someone like me who has indisputable and clear evidence will be able to have his case heard before a judge and receive full compensation.  Yes the $20,000 fee is ridiculous, but for some of us it is worth the risk.   
 

I agree survivor v. survivor may not be appropriate, but unfortunately it is a reality.   Laws sometimes hurt certain groups of people and those from open states should not be punished because others are from states with closed-minded ignorant and uncaring legislatures.   This plan, while imperfect, is the best possible solution as it benefits most, maybe not in a perfect way, but certainly in some way.  

The last point I wish to make deals with Chapter 7 bankruptcy.  This choice is completely ignorant and self serving to a certain lawyer and a group of his minions who, in my opinion, do not represent the beliefs and attitudes of most survivors.  Under no circumstances do I believe scouting should cease to exist.  Scouting had a tremendous positive influence on my life.  Aside from the sexual abuse, I was happy with my experience and so proud to have achieved the rank of Eagle.  My scoutmaster, who did not sexually abuse me, was a stern and strict leader who instilled in me the idea of being responsible for my decisions and how to be a good leader.  His teachings instilled in me values that make me the man I am today and I have nothing but fond memories of him.  Don’t throw out the baby with the bath water.  Yes scouting has ruined many, but that does not mean the entire organization is rotten.  The TCC’s push for better YP is a step in the right direction. 
 

I am sorry for the length of this post but I needed to express my opinion. Agree or disagree is ok, criticism of me is ok; my scoutmaster taught me to always stand up for what I believe to be fair and just, and accept the criticism for what comes with it.  That is an important value scouting taught me.  It is a main reason why I could NEVER support the end of scouting as it is today.  It is the reason I now support this plan.  

[MattR]

Welcome to the forum, @NJScout1980

[InquisitiveScouter]

50 minutes ago, NJScout1980 said:

I have been reading this blog for months and finally decided to express how I feel about this plan.  I have always and continue to believe there are thousands of fraudulent sexual abuse claims filed in this bankruptcy.  I also believe there are thousand of legitimate abuse claims that have not been filed.  I am frankly disgusted by the lawyers of the Coalition and more specifically those of AIS.  The coalition and the “supposed non organization” (AIS) actively recruited “victims” without, in my opinion, any legitimate vetting.  My attorneys required a vast amount of evidence, which I provided, to ensure my claim was vetted and valid. 
 

I was sexually assaulted by a volunteer scouter in New York, which fortunately for me is an open state.  I waited years and years for NY to finally open the SOL so I could seek justice.  I waited and accepted the fact I would not be able to seek justice unless NY acted and I am happy they finally did.  
 
While I voted REJECT on the original plan, I am now voting to ACCEPT.  My reasoning is simple:  

1.  A tougher level of proof is required and many, if not most, of the fraudulent claims will be paid out at a lower rate.  

2. People from closed states will receive some form of justice and payment even though, sadly in all legal reality, are entitled to nothing 

3. Someone like me who has indisputable and clear evidence will be able to have his case heard before a judge and receive full compensation.  Yes the $20,000 fee is ridiculous, but for some of us it is worth the risk.   
 

I agree survivor v. survivor may not be appropriate, but unfortunately it is a reality.   Laws sometimes hurt certain groups of people and those from open states should not be punished because others are from states with closed-minded ignorant and uncaring legislatures.   This plan, while imperfect, is the best possible solution as it benefits most, maybe not in a perfect way, but certainly in some way.  

The last point I wish to make deals with Chapter 7 bankruptcy.  This choice is completely ignorant and self serving to a certain lawyer and a group of his minions who, in my opinion, do not represent the beliefs and attitudes of most survivors.  Under no circumstances do I believe scouting should cease to exist.  Scouting had a tremendous positive influence on my life.  Aside from the sexual abuse, I was happy with my experience and so proud to have achieved the rank of Eagle.  My scoutmaster, who did not sexually abuse me, was a stern and strict leader who instilled in me the idea of being responsible for my decisions and how to be a good leader.  His teachings instilled in me values that make me the man I am today and I have nothing but fond memories of him.  Don’t throw out the baby with the bath water.  Yes scouting has ruined many, but that does not mean the entire organization is rotten.  The TCC’s push for better YP is a step in the right direction. 
 

I am sorry for the length of this post but I needed to express my opinion. Agree or disagree is ok, criticism of me is ok; my scoutmaster taught me to always stand up for what I believe to be fair and just, and accept the criticism for what comes with it.  That is an important value scouting taught me.  It is a main reason why I could NEVER support the end of scouting as it is today.  It is the reason I now support this plan.  

@NJScout1980, welcome!

Thanks for your input, and I wish you the best in your endeavors.  Agree with all you have said except one sentiment... baby and bathwater...

The baby is Scouting.

The bathwater is the BSA.

We could throw out the bathwater and keep the baby.  I do not advocate fully this yet, but do not see progress on the "reorganization" front...so await the final outcome of Chapter 11.  I see no problem with Chapter 7. 

We can find our way without the BSA

[ThenNow]

3 hours ago, SiouxRanger said:

This is a critical concept. Creditors of National, who ONCE HAD a legal claim against National are simply not part of the concept of the bankruptcy law. They are NOT claimants in a bankruptcy sense.

So, NATIONAL proposes, through its PLAN, contrary to all bankruptcy law, that scouts, now adults, who no longer have any legally enforceable claim against National (due to the passage of time, and having passed statutes of limitation), should be included in the class of claimants entitled to a settlement payment.

 

1 hour ago, NJScout1980 said:

People from closed states will receive some form of justice and payment even though, sadly in all legal reality, are entitled to nothing 

Here's an odd thing about creating a justice and award metric based only on timing and geography. Timing (as opposed to time) and geographic limitations are malleable. By the flick of a pen a governor can sign a law presented to her by the state's legislature that says, "Our state is now 'open' for BSA CSA claimants who, on 2.18.2020, were not 'claimants' (as you say)." That what was not, now is. [*SWISH* & *FLICK* & *POOF*] States have opened since the commencement of the case legitimizing those who you rightly identify as previously SOL-barred. If the case drags, on I believe other states will open. If someone goes from Gray 3 to open before they appear before the Great and Powerful...[*POOF*]

In similar fashion, I entered this case clearly subject to the defense of time-bar. Then, in April of 2021, I discovered an IVF implicating the SE who oversaw our LC and my Troop. [*POOF*] I have a tolling argument to defeat the time-bar defense. I believe fraudulent concealment factors into more cases than mine, the research just hasn't been done to connect the dots.

I appreciate the attempt to paint the law, and this case, in black and white, but Shades of Gray it truly is, my friends. And, I would submit, it is getting more so. Grayer, that is, not shadier. Okay. Well, that is debatable, but a completely different topic for another post.

[Eagle1970]

It is difficult to separate the reality of law from the reality of abuse.  When I say "morally wrong", I mean just that.  In an equitable world, BSA should vet the cases, throw them out or pay the $3500, and exit bankruptcy with a trust that equitably compensates victims based on its moral duty.  Paying some victims millions and some nearly nothing, then exiting bankruptcy like "ok, we took care of that" will never show BSA in a good light again.  Open state victims hit the lottery.  Those of us subjected to multiple or ongoing abuse, and in my case by a real actual BSA employee who had a "reputation" (who happen to be in closed states) will see little justice.  So, while I realize this settlement may be in line with the "Law", it is surely not in line with the moral obligation the BSA has to victims.

Edited February 15, 2022 by Eagle1970

[NJScout1980]

3 minutes ago, Eagle1970 said:

It is difficult to separate the reality of law from the reality of abuse.  When I say "morally wrong", I mean just that.  In an equitable world, BSA should vet the cases, throw them out or pay the $3500, and exit bankruptcy with a trust that equitably compensates victims based on its moral duty.  Paying some victims millions and some nearly nothing, then exiting bankruptcy like "ok, we took care of that" will never show BSA in a good light again.  Open state victims hit the lottery.  Those of us subjected to multiple or ongoing abuse, and in my case by a real actual BSA employee who had a "reputation" (who happen to be in closed states) will see little justice.  So, while I realize this settlement may be in line with the "Law", it is surely not in line with the moral obligation the BSA has to victims.

Totally agree!  Unfortunately there is no morality when it concerns the law and getting off the hook on legal technicalities.   There should be no SOL for child abuse in any state!   Not one!!!  Sadly insurance companies and various organizations wield a tremendous amount of power over certain state legislatures.  
 

Sadly and unfortunately for many there is no morality from the BSA because, as we now know, they never once had an ounce of morality.  Sadly they are a business only interested in profit and money talks. They honestly could care less about the victims and used their apologetic words as nothing more than a PR stunt.  It is a shame they could never live by the standards they expect the scouts to live by!  Sadly to them the Scout Law  is only words with no true meaning. 
 

To the previous poster with the bath and bath water comment…hopefully the TCC’s push for a better YP policy which will prevent future abuse and will force the culture of the BSA to change.  Honestly though, my beef is with the LC’s and not the BSA.  While the BSA is ultimately responsible, in my opinion it is the LC’s who failed most of us.   The BSA needs to change dramatically and if they don’t I would agree they should be disbanded.  But the LC’s need to change also.  My hope and desire is that change occurs and Scouting continues.  There needs to be some type of structure that allows scouting to continue, what that is I don’t know.   I think the TCC’s push for a better and more open YP program is a step in the right direction. I believe the scouts and all of its programs should be open to a legally required annual independent review and necessary changes should be legally required to take place.  They have proven they are incapable to address and solve the problems so they should have no say in the solutions.   No say whatsoever!  
 

Sorry if I post too much.