Christopher Hurley and Evan Smola of Chicago’s Hurley McKenna & Mertz, working in conjunction with the Tort Claimants’ Committee (“TCC”) in the Boy Scouts of America’s bankruptcy proceeding, has negotiated important modifications to the BSA’s plan of reorganization that will benefit all BSA abuse survivors.
The Revised Plan
The revised plan will now (1) enhance child protection procedures for current and future Boy Scouts; (2) ensure independent governance of the Settlement Trust that will administer assets for the benefit of all Survivors, and (3) create a path to increased compensation for Survivors.
Hurley McKenna & Mertz [HMM] represents nearly 4,500 men who were sexually abused as children during their involvement in Boy Scout youth organizations, including one victim that is a member of the TCC.
The TCC in the BSA’s Chapter 11 bankruptcy is composed of nine former Scouts and abuse victims and serves as the fiduciary for all abuse claimants in the Chapter 11 Bankruptcy proceeding of the Boy Scouts of America ( “BSA”). Since the day the Boy Scouts filed for bankruptcy, HMM and the TCC have insisted that the only acceptable reorganization plan, in this case, would be one that provides fair compensation for abuse victims and also protects current and future Scouts from abuse.
If You Have Rejected the Previous Plan:
HMM and the TCC now urge all BSA abuse victims who rejected the previous plan to accept the new and improved one.
According to Chris Hurley:
The Boy Scouts initial reorganization plan failed to fully and fairly compensate the nearly 84,000 victims of sexual abuse who have filed claims against the BSA. The BSA’s proposed plan would have granted BSA local councils and sponsoring organizations such as The Church of Jesus Christ [also known as the LDS or Mormon Church] legal immunity from lawsuits for sexual abuse, without requiring these responsible parties to contribute more than a small fraction of their available assets.
The BSA’s initial plan was outrageous, unfair and just plain wrong, and our continued fight against its confirmation forced the BSA and its Local Councils back to the negotiating table. Working with the TCC, we have succeeded in getting the BSA to draft a new reorganization that reaches our goals of better child protection, independent governance of the Settlement Trust, and a better compensation structure for Survivors.
Now for the first time, BSA sexual abuse victims have a seat at the table to make sure that child safety is BSA’s first priority.
HMM has worked constantly over the last two years to ensure that BSA takes responsibility for its actions and that the firm’s clients and all BSA sexual abuse victims get a just and fair result.
HMM now recommends that its BSA abuse clients vote to ACCEPT the BSA’s Revised Plan.
Click here for information on the BSA bankruptcy proceeding and the work of the TCC.