The Official Tort Claimants Committee (TCC) in the chapter 11 bankruptcy of the Boy Scouts of America (BSA) now urges all BSA Abuse Survivors to vote to ACCEPT the BSA’s Revised Plan.
Following weeks of mediation after the voting deadline passed, the Plan has been revised to address the TCC’s main concerns and now presents the best alternative for recovery for the largest number of Survivors.
The Revised Plan resolves the TCC’s concerns regarding the following principal issues:
- Youth Protection – BSA will implement material changes to its Youth Protection Procedures to help ensure no further abuse and to provide better transparency into the oversight of the children in BSA’s scouting programs. Over fifteen material changes to the Youth Protection Procedures include: (a) hiring a Youth Protection Executive who has extensive experience in prevention of childhood abuse; (b) formation of a Youth Protection Committee composed of Survivors, nominees of survivors that have experience in Youth Protection, BSA, Local Councils, and Chartered Organizations: (c) an update of existing policies (e.g., overnight stays, criminal background checks, consolidate practices and procedures); (d) procedures to disclose of information in Volunteer Screening Database, and (e) prospective reporting regarding abuse.
- Settlement Trust – The current Plan includes approximately $2.7 billion. There are more than 15 insurance companies and many Chartered Organizations that have not settled. The revised structure of the Settlement Trust creates a path to maximize recoveries from non-settling insurance companies and Charter Organizations and increase your compensation.
- Independent Settlement Trustee and Claims Administrator – The Settlement Trust will be administered by individuals selected by the Settlement Trust advisory board described below.
- Independent Trust Governance – The Settlement Trust will have an advisory board of seven members. Three members selected by the TCC, three members selected by the Coalition, and one member selected by an unaffiliated group of objecting Survivors. The advisory board will be well balanced to help ensure that Survivors have a meaningful voice in the administration of the Settlement Trust.
- Modified Trust Distribution Procedures – The Trust Distribution Procedures (TDP) used to value and pay your claim have been modified. The modified TDP will provide for an alternative review process that is designed to allow Survivors to seek a valuation of the claim that exceeds the maximum values in the TDP claims matrix. Survivors also will be able to opt-out of the TDP to pursue claims against certain parties in state court.
- Releases have been narrowed – The overbroad releases under the prior plan have been narrowed. Under the narrowed releases, a Survivor can sue a Chartered Organization that has not contributed to the Settlement Trust or is not covered by an insurance policy issued by a settled insurance carrier. The opportunity to sue such a Chartered Organization may benefit individual Survivors and may enhance the Settlement Trust’s ability to settle with Chartered Organizations.
Attend the TCC’s Upcoming Town Hall Meeting
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