Chapter 11 announced - Part 14 - Plan Effective

[SNEScouter]

In the U.S. District Court (Delaware), D&V/Lujan filed their motions for a stay pending appeal and stay of the plan on Friday 8/18.  For whatever reason, Omni hasn't made them available.  Perhaps Omni is winding down now that the plan is effective.

Anyway, Judge Andrews has set a briefing schedule.  Briefs opposing the D&V/Lujan motions for a stay pending appeal and stay of the plan are due 9/1.  Replies are due 9/8.

[mrjohns2]

@SNEScouterIs this a new appeal due to the Supreme Court or is this “the process still playing out”? 

[MYCVAStory]

3 hours ago, mrjohns2 said:

Is this a new appeal due to the Supreme Court or is this “the process still playing out”? 

These attorneys appealed to the Circuit, and the Circuit said "Nice try, you need to start with the District."  They have previously objected at the District level and lost.  This is another shot, this time a stay, on slightly different grounds.

[MYCVAStory]

Sent out from the Trustee retired Judge Houser:

As I noted when we announced last week’s opening of the claims processing portal, the Scouting Settlement Trust is committed to transparency and open dialogue. Please join me and Claims Administrator Randi Ilyse Roth for the first of what will be periodic Town Halls on Tuesday, Aug. 29 at 8 p.m. EDT / 5 p.m. PDT. 

 

During this hourlong online session, Randi and I will introduce ourselves and discuss our roles as mandated by the approved Plan of Reorganization and the Trust Distribution Procedures. We will also provide a high-level overview of what claimants can expect from the process and we will take questions. 

 

You can register for the Town Hall at this link. 

 

All attendees must register prior to the Town Hall. 

 

Once you have registered, you will receive a confirmation email from PwC Webcasting with a link to the Town Hall. I look forward to speaking with you next Tuesday. 

 

Respectfully,
Hon. Barbara J. Houser (Ret.)
Trustee 

[RememberSchiff]

The Trustee of BSA Settlement Trust, the Honorable Barbara J. Houser, grants motion of 60 day deadline extension for Direct Abuse Claimants to elect the Independent Review Option pursuant to the Trust Distribution Procedures (TDP) under the Third Modified Fifth Amended Chapter 11 Plan of Reorganization (With Technical Modifications) for Boy Scouts of America and Delaware BSA, LLC, D.I. 10296 (the “Plan”).

The new deadline is Dec 18, 2023.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/a6af9ba9-0b96-4a09-bcce-2a40ab33c409_11514.pdf

 

[RememberSchiff]

Oct 3 (Reuters) - U.S. District Judge Richard Andrews in Delaware declined to stop the Boy Scouts of America's $2.46 billion abuse settlement from moving forward, saying that stopping the settlement in its tracks would be both impractical and unfair to the many people and organizations relying on it to resolve abuse claims.

Gilion Dumas, who represents some of the abuse claimants who have appealed, stated she would ask the 3rd U.S. Circuit Court of Appeals to overrule Andrews.

More at source:

https://www.reuters.com/legal/litigation/boy-scouts-abuse-settlement-shouldnt-wait-us-supreme-courts-purdue-appeal-judge-2023-10-03/

[SNEScouter]

Here’s the 18-page ruling.

Order Denying Renewed Stay Motions.pdf

[RememberSchiff]

Oct 13, 2023

Ohio Gov. Mike DeWine signed a new law  guaranteeing more settlement money to Ohio Boy Scout abuse victims.

"...Ohio’s current civil statute of limitations in bankruptcy cases was 12 years. That’s now void for the next five years, meaning Boy Scout abuse victims filing a claim will receive all the money they’re owed through the settlement, rather than just 30 to 45% of it.

Ohio is the first state to take advantage of the settlement’s provision allowing states to extend the statute of limitations, according to sponsors Republican Rep. Bill Seitz."

@Eagle1970

Source:

https://apnews.com/article/ohio-boy-scout-abuse-victim-4844328d24a9aabbfec9a0077c632303

[yknot]

1 hour ago, RememberSchiff said:

Oct 13, 2023

Ohio Gov. Mike DeWine signed a new law  guaranteeing more settlement money to Ohio Boy Scout abuse victims.

"...Ohio’s current civil statute of limitations in bankruptcy cases was 12 years. That’s now void for the next five years, meaning Boy Scout abuse victims filing a claim will receive all the money they’re owed through the settlement, rather than just 30 to 45% of it.

Ohio is the first state to take advantage of the settlement’s provision allowing states to extend the statute of limitations, according to sponsors Republican Rep. Bill Seitz."

@Eagle1970

Source:

https://apnews.com/article/ohio-boy-scout-abuse-victim-4844328d24a9aabbfec9a0077c632303

Anyone know what that means? Was that anticipated when the trust was established? 

[Eagle1970]

39 minutes ago, yknot said:

Anyone know what that means? Was that anticipated when the trust was established? 

Sure.  It means that if your abuse occurred in Ohio, you are in a much better position.  My state of Missouri has already made it abundantly clear that there is not going to be any lookback window included in potential legislation.  So, good for Ohio claimants.  Dilution for everyone else.

[GHamm]

I’m not 100% sure but what I’ve seen from internet articles, Illinois a few years back opened it to 100% as well or am I mistaken? 

[RememberSchiff]

Judge Silverstein allows final compensation and reimbursement of approximately $246 million in professional expenses. This does not include legal expenses with Sidley Austin  (12/18-2/20) prior to entering Chapter 11.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/b54ff78f-8243-4007-9ff8-930e73d4d061_11541.pdf

Edited October 19, 2023 by RememberSchiff

[SNEScouter]

The BSA and others filed their briefs to the Third Circuit Court of Appeals.  They also moved to dismiss the appeals outright on the basis of equitable mootness and that motion is attached.

BSA MTD Appeal.pdf

[swilliams]

1 hour ago, SNEScouter said:

The BSA and others filed their briefs to the Third Circuit Court of Appeals.  They also moved to dismiss the appeals outright on the basis of equitable mootness and that motion is attached.

BSA MTD Appeal.pdf 329.62 kB · 2 downloads

Layman's explanation of "equitable mootness", please?

[SNEScouter]

1 hour ago, swilliams said:

Layman's explanation of "equitable mootness", please?

To quote another poster:

On 8/14/2023 at 9:14 PM, MYCVAStory said:

"The egg has been scrambled so any ruling we make shouldn't undo what has been done. 

Equitable mootness is the idea that so much has happened since plan confirmation in reliance on effectiveness of the plan - property being bought and sold, money being spent, claims being processed, paid and settled, etc. - that it would be impossible to unwind it all.  Therefore, the court simply dismisses the appeals and lets the confirmed plan stay in place.