Boy Scouts of America Litigation - Q2 2024
Boy Scouts of America Litigation - Q1 2024
Boy Scouts of America Litigation - 02/22/24 Update
10/11/23 Update
04/28/23 Update
11/16/22 Update
On September 8, 2022, the Bankruptcy Judge issued the 567 page Supplemental Findings Of Fact And Conclusions Of Law And Order Confirming The Third Modified Fifth Amended Chapter 11 Plan Of Reorganization (With Technical Modifications) For Boy Scouts Of America And Dela Ware BSA, LLC. In that Order, the Court stated that all requirements for the Confirmation of the Plan have been satisfied and approved amendments and modifications to the Third Modified Fifth Amended Plan. The Court authorized and directed the Debtors (BSA) to enter into settlements described in the Plan. This Order authorizes the Settlement Trust (a qualified settlement fund) to be established in accordance with the Settlement Trust Agreement and Trust Distribution Procedures. Settlement Trustees and Claims Administrators were appointed. It also and most importantly includes a “matrix” of the value ranges for the six tiers of Abuse Types. Each Allowed Abuse Claim will be evaluated for each factor by the Settlement Trustee through his or her review of the evidence obtained through the relevant Proof of Claim, Trust Claim Submission and any related or follow-up materials, interviews or examinations, as well as materials obtained by the Settlement Trust or the Direct Abuse Claimant through the Document Obligations. These scaling factors can increase or decrease the Proposed Allowed Claim Amount for an Allowed Abuse Claim depending on the severity of the facts underlying the Claim.
BCA filed a Proof of Claim for all of our clients. The Trustees and Claims Administrators will be contacting us at some point regarding our clients’ claims, and we will let you know when that occurs and what settlement offers from that matrix are extended.
BCA filed a Proof of Claim for all of our clients. The Trustees and Claims Administrators will be contacting us at some point regarding our clients’ claims, and we will let you know when that occurs and what settlement offers from that matrix are extended.
09/28/22 Update
07/11/22 Update
Q1 2022 Update
New settlements with insurers and others have brought commitments of more than $900 million to survivors through the Plan, bringing the total to at least $2.7 billion. Survivors had to vote to accept the Modified Fifth Amended Chapter 11 Plan of Reorganization and the Plan is confirmed by the Bankruptcy Court. BCA timely cast a vote for all of its BSA clients through one Master Ballot according to and pursuant to the contract of representation you signed hiring Brent Coon & Associates and our several joint venture law firms giving us the Power of Attorney to act on your behalf.
If interested, the Plan, the Disclosure Statement, the Solicitation Procedures Order, and the Plan Supplement may be accessed, free of charge, at https://omniagentsolutions.com/BSA.
Again, there are 80,000 plus victims who are seeking compensation in this proceeding. The more serious the abuse, the greater the amount of settlement payment one can expect. No one knows today what any victim will receive, however. The Plan represents the only assured path to recover and pay billions of dollars to survivors of sexual abuse in the BSA’s programs. The confirmation of the Modified Fifth Amended Plan by the creditors with their votes will result in a newly formed Settlement Trust into which all claims will be transferred to and payment will be made from the Settlement Trust after the Settlement Trust assess the claims in accordance with its Trust Distribution Procedures (TDP) and places a value on each claim based on the type and extent of abuse suffered and other factors.
If interested, the Plan, the Disclosure Statement, the Solicitation Procedures Order, and the Plan Supplement may be accessed, free of charge, at https://omniagentsolutions.com/BSA.
Again, there are 80,000 plus victims who are seeking compensation in this proceeding. The more serious the abuse, the greater the amount of settlement payment one can expect. No one knows today what any victim will receive, however. The Plan represents the only assured path to recover and pay billions of dollars to survivors of sexual abuse in the BSA’s programs. The confirmation of the Modified Fifth Amended Plan by the creditors with their votes will result in a newly formed Settlement Trust into which all claims will be transferred to and payment will be made from the Settlement Trust after the Settlement Trust assess the claims in accordance with its Trust Distribution Procedures (TDP) and places a value on each claim based on the type and extent of abuse suffered and other factors.
Q4 2021 Update |
The Judge in the Boy Scouts of America Chapter 11 bankruptcy court case has approved the Fifth Amended Plan of Reorganization. Brent Coon & Associates and our several joint venture law firms are aligned with The Coalition of Abused Scouts for Justice and support the Plan. The Plan provides for up to $1.8 Billion to compensate the 80,000 plus victims. The more serious the abuse, the greater the amount of settlement payment one can expect. No one knows today what any victim will receive, however. The settlement fund is comprised of the $787 million Hartford settlement, the $250 million Church of Jesus Christ of Latter-day Saints settlement, $600 million from Boy Scouts Local Councils (the “Local Councils”), and up to $220 million from the Boy Scouts of America (“Boy Scouts”). This amount may increase as additional settlements with the various remaining non-settling insurers and chartered-sponsoring organizations (the “Chartered Organizations”) may be reached. The Coalition and us believe that significant additional contributions to the Plan should be made by dozens of insurance companies, including AIG and Century, and numerous Chartered Organizations that include churches and social organizations across the country.
The Plan represents the only assured path to recover and pay billions of dollars to survivors of sexual abuse in the BSA’s programs. The only other path for survivors likely involves years of litigation and significant risk that survivors will receive much less than they are assured of receiving under the Plan. If the Fifth Amended Plan is confirmed by the creditors who are to cast their votes by December 14, 2021, a newly formed Settlement Trust will be established. Your claim against BSA, as well as any Local Council, and certain other “Protected Parties,” will be transferred to and paid from the Settlement Trust. The Settlement Trust will assess your claim in accordance with its Trust Distribution Procedures (TDP) and value the claim based on the type and extent of abuse suffered and other factors. Based on these factors, most claims will be valued between $3,500 and $2,700,000. If you do not wish to undergo the full claims evaluation process, you will be able to elect to receive a one-time payment of $3,500, prior to the start of that process.
According to and pursuant to the contract of representation you signed hiring Brent Coon & Associates and our several joint venture law firms giving us the Power of Attorney to act on your behalf, we advised the “Solicitation Agent” in this process that we will cast a Master Ballot accepting the Plan for all of our clients. The other method or option to vote for the plan was to have each of our clients who hold Direct Abuse Claims cast their own vote to accept or reject the Plan. That would have required us to have the Solicitation Agent deliver the Solicitation Package (including Ballots) to us, whereupon we would deliver the Solicitation Packages (including Ballots) to each of our clients. Clients who then complete a Ballot and such Ballot will be returned to the Solicitation Agent.
Again, whichever method for the voting was used, we recommend a vote for the approval of the Plan as this Plan is in all of our clients’ best interest as it assures compensation regardless of the time that has passed, faulty memory about details of the abuse, or any other defenses such as the Statute of Limitations that the Defendant might have had without a long, drawn out court process and trials, which all clients would have to participate and testify in.
The Plan represents the only assured path to recover and pay billions of dollars to survivors of sexual abuse in the BSA’s programs. The only other path for survivors likely involves years of litigation and significant risk that survivors will receive much less than they are assured of receiving under the Plan. If the Fifth Amended Plan is confirmed by the creditors who are to cast their votes by December 14, 2021, a newly formed Settlement Trust will be established. Your claim against BSA, as well as any Local Council, and certain other “Protected Parties,” will be transferred to and paid from the Settlement Trust. The Settlement Trust will assess your claim in accordance with its Trust Distribution Procedures (TDP) and value the claim based on the type and extent of abuse suffered and other factors. Based on these factors, most claims will be valued between $3,500 and $2,700,000. If you do not wish to undergo the full claims evaluation process, you will be able to elect to receive a one-time payment of $3,500, prior to the start of that process.
According to and pursuant to the contract of representation you signed hiring Brent Coon & Associates and our several joint venture law firms giving us the Power of Attorney to act on your behalf, we advised the “Solicitation Agent” in this process that we will cast a Master Ballot accepting the Plan for all of our clients. The other method or option to vote for the plan was to have each of our clients who hold Direct Abuse Claims cast their own vote to accept or reject the Plan. That would have required us to have the Solicitation Agent deliver the Solicitation Package (including Ballots) to us, whereupon we would deliver the Solicitation Packages (including Ballots) to each of our clients. Clients who then complete a Ballot and such Ballot will be returned to the Solicitation Agent.
Again, whichever method for the voting was used, we recommend a vote for the approval of the Plan as this Plan is in all of our clients’ best interest as it assures compensation regardless of the time that has passed, faulty memory about details of the abuse, or any other defenses such as the Statute of Limitations that the Defendant might have had without a long, drawn out court process and trials, which all clients would have to participate and testify in.