November 16, 2020 is the deadline to file a sex abuse claim in the Boy Scouts bankruptcy.
The BSA filed for bankruptcy in February, seeking to reorganize. This week, bankruptcy Judge Laurie Selber Silverstein set a November 16 deadline for all creditors, including abuse survivors, to file claims.
FILING A CLAIM BY NOVEMBER 16, 2020
A special Proof of Claim form is required to make a sex abuse claim against the Boy Scouts in bankruptcy. That form is not available yet because the Court has not approved it. The form should be available soon. [UPDATE 5/28/2020: The sexual abuse Proof of Claim form is now available.]
Do you have questions about making a claim against the Boy Scouts for sexual abuse? You can contact us confidentially through our website or call us at 503-616-5007.
The November 16 deadline is a “claims bar deadline” for all sexual abuse claims against the Boy Scouts of America. This means that any adult who was sexually molested as a child in Boy Scouts must file a Proof of Claim form before the deadline or be barred forever from bringing a claim.
The November 16, 2020 claims bar deadline applies regardless of any state or federal court statute of limitations. That means that you must file a Proof of Claim form in the Boy Scout bankruptcy case before November 16, even if the statute of limitations on your claims might not expire until after November 16, 2020. Even if you are in a state with an open statute of limitations “window” – like California or New York – you must file your Proof of Claims form in the Boy Scout bankruptcy case before November 16, 2020.
WHAT HAPPENS AFTER NOVEMBER 16, 2020?
Once the November 16, 2020 claims bar deadline passes, no adult will be allowed to make a claim against BSA for sexual abuse.
On November 16, all known claims will be before the bankruptcy court. The court will also know what BSA’s assets are. At that point, the assets will be disbursed according to a court-approved bankruptcy plan. That plan does not exist yet – the court has not approved it yet.
The bankruptcy court has ordered the parties to BSA’s bankruptcy to mediate a resolution of BSA’s bankruptcy. The idea is that BSA, abuse survivors, BSA’s insurance companies, and other creditors will negotiate a fair distribution of BSA’s assets. The goal is to fairly compensate abuse survivors and allow BSA to stay in business. No one knows yet what that will look like. We will know more over the next few months.
WHAT ABOUT LOCAL COUNCILS OF THE BOY SCOUTS?
Boy Scouts of America is a national organization. Hundreds of Local Councils of the Boy Scouts run the Scouting program at the local level across the country. Scout troops, Cub Scout packs, Explorer posts, and other “units” of the Boy Scouts often have closer ties to Local Councils than they do with the national office of BSA.
If you were sexually abused when you were a Boy Scout, you probably have a claim against the Local Council where you were abused as well as a claim against BSA. We can talk to you about how to bring a claim against the Local Council while BSA is in bankruptcy.
The Local Councils have not filed for bankruptcy. BSA is the only entity that has filed for bankruptcy. But the Local Councils are involved in BSA’s bankruptcy case for several reasons:
- The Scouting program is jointly operated through the BSA and the Local Councils.
- The Local Councils face liability for sexual abuse of children in Scouting the same as BSA.
- The Local Councils are named on the same insurance policies that provide insurance to BSA. Those insurance policies are assets in BSA’s bankruptcy. That means that money available from those insurance policies will be available to pay abuse survivors who make claims in BSA’s bankruptcy. But then there might not be insurance for the Local Councils for sex abuse claims.
- The Local Councils own vast assets, including real estate. The Local Councils own campgrounds, headquarters, and undeveloped land that has been donated over the years.
For these reasons and others, the Local Councils and BSA want the Local Councils to participate in BSA’s bankruptcy. If the Local Councils participate, they will be released from liability for all past sex abuse claims just like BSA.
If the Local Councils want a global release from liability for past abuse, they need to contribute assets to the settlement of the sex abuse claims made in BSA’s bankruptcy. These contributions must be more than the insurance provided by BSA. Often, Local Council employees and officials knew about perpetrators at a local level, making Local Councils more responsible for kids being abused than the national BSA office. Survivors should not be required to give up claims against Local Councils unless Local Councils kick in to the bankruptcy fund in a substantial way.
Because the Local Councils are not a party in BSA’s bankruptcy, you must act to formally make a claim against the Local Council where your abuse happened. The statute of limitations that applies to your claim against the Local Council is running. You must file a lawsuit against the Local Council before the SOL passes. Your claim against the Local Council might be folded into BSA’s bankruptcy, but you can’t miss the statute of limitations in the meantime.
WHAT ABOUT CLAIMS AGAINST SPONSORING ORGANIZATIONS?
Sponsoring Organizations are the churches, schools, or other local groups that sponsor a Scout troop or other Scout unit. They are also called Chartering Organizations. Some of the main Sponsoring Organizations are the LDS Church or Mormon Church, the Catholic Church, the Methodist Church, the Church of Christ, the Lutheran Church, Elks Lodges, Kiwanis International, Lions International, Rotary International, and the American Legion.
If you were molested when you were a kid in Scouting, you may have a sex abuse claim against the Sponsoring Organization of your Scout unit. Whether the Sponsoring Organization is liable for your abuse depends on how active it was in your troop, what it knew about the perpetrator, and other factors. We can talk to you about whether you might have a claim against the Sponsoring Organization of your troop or Scout unit.
Sponsoring Organizations may have been insured by BSA for Scouting activities when you were in Boy Scouts. For that reason, BSA’s bankruptcy will complicate claims against Sponsoring Organizations. But it is important to consider whether the Sponsoring Organization bears responsibility for your abuse.
Claims against Sponsoring Organizations are not part of BSA’a bankruptcy, even though the bankruptcy will affect the claims. You must act separately to make a claim against a sponsoring organization. You must file a lawsuit against the sponsoring organization before your statute of limitations runs.
SUMMARY
- November 16, 2020 is the Claims Bar Deadline for adults to file a claim against the Boy Scouts of America for child sexual abuse that happened in Boy Scouts. If you do not file a claim in BSA’s bankruptcy by November 16, your claim will be forever barred and you can never bring a claim.
- You must file your claim using a special Proof of Claim form for sexual abuse survivors. That form will be available soon, but the Court has not approved it yet. [UPDATE 5/28/2020: That form is now available.]
- You most likely have a separate claim against the Local Council of the Boy Scouts where your abuse happened. You have to file a lawsuit against the Local Council before the statute of limitations passes. Your claim against the Local Council might get rolled into the BSA’s bankruptcy, but how that will work has not been figured out yet.
- You might have a separate claim against the Sponsoring Organization of your Scout troop or unit, depending on the facts of your case. Like with claims against Local Councils, you have to file a lawsuit against the Sponsoring Organization before the statute of limitations runs. Claims against Sponsoring Organizations will probably not be part of BSA’s bankruptcy, but the bankruptcy will affect those claims.
The Boy Scout’s bankruptcy is complicated and the timeline for bringing a claim is pretty short. It is important to think about claims against Local Councils and Sponsoring Organizations. We can help you. We can answer your questions and help you with your claims against BSA, your Local Council, and your Sponsoring Organization if possible.
Contact us through our confidential contact form or call us at 503-616-5007.
