NEWS AND PUBLICATIONS
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Boy Scouts Bankruptcy Plan in Effect
(04/19/2023)
By Randall Chase
https://apnews.com/article/boy-scouts-bankruptcy-child-sexual-abuse-02d3a401645f337e483f9fd844d9a809
DOVER, Del. (AP) — The Boys Scouts of America’s $2.4 billion bankruptcy reorganization plan took effect [April 19, 2023]. But more time will be needed before survivors of child sexual abuse at the hands of Boy Scout leaders and volunteers begin receiving compensation.
The plan became effective when the Third U.S. Circuit Court of Appeals denied a request by the plan’s opponents to issue a stay while they appeal a federal district court’s approval of the plan. The denial of the stay means the plan can formally take effect, but opponents are expected to continue to pursue their appeal.
With the plan taking effect, assets will begin flowing gradually into a settlement trust that will evaluate claims and distribute payments to abuse survivors. Retired Texas federal bankruptcy judge Barbara Houser, who will oversee the trust, can begin hiring advisers, but it likely will be at least several months before any abuse survivors begin receiving payments.
Public Law No: 117-176 (09/16/2022)
https://www.congress.gov/bill/117th-congress/senate-bill/3103/text
Congressional Bill 117-176 (09/16/2022): Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022
This act eliminates the statute of limitations for a minor victim of a human trafficking offense or federal sex offense to file a civil action to recover damages.
To amend title 18, United States Code, to eliminate the statute of limitations for the filing of a civil claim for any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of such title.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Eliminating Limits to Justice
for Child Sex Abuse Victims Act of 2022’’.
SEC. 2. ELIMINATION OF THE STATUTE OF LIMITATIONS.
Section 2255 of title 18, United States Code, is amended by
striking subsection (b) and inserting the following:
‘‘(b) STATUTE OF LIMITATIONS.—There shall be no time limit
for the filing of a complaint commencing an action under this
section.’’.
SEC. 3. EFFECTIVE DATE; APPLICABILITY.
This Act and the amendments made by this Act shall—
(1) take effect on the date of enactment of this Act; and
(2) apply to—
(A) any claim or action that, as of the date described
in paragraph (1), would not have been barred under section
2255(b) of title 18, United States Code, as it read on the
day before the date of enactment of this Act; and
(B) any claim or action arising after the date of enactment of this Act.
BREAKING: Boy Scouts's Ch. 11 Plan Confirmed By Del. Judge (09/08/2022)
By Vince Sullivan
Law360 (September 8, 2022, 11:55 AM EDT) -- A Delaware bankruptcy judge issued an order confirming the Chapter 11 plan of the Boy Scouts of America on Thursday, approving the organizations' plan to channel thousands of childhood sex abuse claims into a $2.5 billion settlement trust.
The order comes a day after U.S. Bankruptcy Judge Laurie Selber Silverstein issued her final ruling on language changes to the confirmation documents and related legal findings and conclusions that had been in dispute among the various parties in interest in the case.
The Boy Scouts filed for Chapter 11 protection in February 2020 to deal with what were at the time hundreds of sex abuse claims. By the time a claims bar date arrived in the proceedings, more than 80,000 abuse claims had been filed in the bankruptcy.
The plan originally called for a $2.7 billion trust to be funded by the Scouts, its local councils and charter organizations and settling insurers, but Judge Silverstein nixed a $250 million deal with the Church of Jesus Christ of Latter-Day Saints in a lengthy July confirmation opinion. The debtor amended its plan to address the court's concerns and presented it in late August.
--Editing by Alyssa Miller.