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Chapter 11 announced - Part 12 - District Court


Eagle1993

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2 hours ago, BadChannel70 said:

Now what happens when we all get through "all appeals exhausted" the non-settling insurers decide to file bankruptcy themselves?

They are just delaying the inevitable. Money is not really the issue with them except that the longer they hold onto their money the more they will make.

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14 hours ago, MYCVAStory said:

The claim form was only to make a claim and allowed the debtor to get a better picture of where the abuse occurred, severity, etc.  In mass tort bankruptcy Trusts there will be a questionnaire that will ask for a ton more detail, any medical records, evidence, etc.  The trust will need to hire professionals with experience in developing this form for sexual assault, then retain professionals to process all of them and wade through the materials....  It's going to be difficult for many Survivors but the closest comparison would be the discovery phase of a trial.  Hopefully the Trust will communicate well with Survivors on instructions and processes.  If a Survivor retained an attorney they are going to find out quickly how much help that attorney is going to be.  Remember as well that Judge Silverstein dictated that she needs to approve the fraud prevention steps the trust will follow.  Be on the lookout for attorneys who scream "we need to get money into the hands of Survivors as quickly as possible."  If I'm getting 40% then I'd want the same.  If you're a Survivor you want awards going to CREDIBLE claims.  The tricky part for the Trust, and why the questionnaire is the first critical step is because at some point it's going to take too long and cost too much money to validate a claim.  The Trust needs to balance speed and validation.  Sorry, probably more than just an answer to what questionnaire construction is.

 

No you didn't say to much. I appreciate you explaining. 

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  • 3 weeks later...

If you had "Positive Covid Test" in the pool for the next reason why things will be delayed, you won.  Thursday's hearing has been postponed until April, the 19th I think, because Judge Silverstein has Covid.   In all fairness, this is unrelated to the wait for the District Court decision but related to the Coalition's Substantial Contribution claim hearing in the morning and the hearing in the afternoon to get the Trust "seed funding" so some operations can start.  Another month.... 

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3 hours ago, MYCVAStory said:

If you had "Positive Covid Test" in the pool for the next reason why things will be delayed, you won.  Thursday's hearing has been postponed until April, the 19th I think, because Judge Silverstein has Covid.   In all fairness, this is unrelated to the wait for the District Court decision but related to the Coalition's Substantial Contribution claim hearing in the morning and the hearing in the afternoon to get the Trust "seed funding" so some operations can start.  Another month.... 

Any guess as to when District will come back?  It seems like we should be prepared for months, but not sure what the typical response time would be. 

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8 minutes ago, Eagle1993 said:

Any guess as to when District will come back?  It seems like we should be prepared for months, but not sure what the typical response time would be.

It's really anyone's guess.  The judge at the end of the hearing did acknowledge that he knew people were really waiting for a decision so that's a good thing.  Some have suggested that he might want to wait for other decisions but that isn't normal behavior for District Court Judges in this situation.  So....while no one in Wilmington expected the wait to be Silverstein-lengthy it's still hurry up and wait.  It'll be six weeks on Thursday.

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  • 2 weeks later...
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