Boy Scouts of America FAQs

The Third Modified Fifth Amended Chapter 11 Plan of Reorganization (With Technical Modifications) for Boy Scouts of America and Delaware BSA, LLC was accepted on September 6, 2022. This plan outlines the terms and conditions by which BSA and other involved parties have contributed funds and assets to settle valid childhood sexual abuse claims (referred to as "Abuse Claims") against BSA and related parties. The plan went into effect in April 2023, authorizing the trustee to commence implementation. Notably, the creation of the trust (which is being funded) and the opening of the claims submission portal are particularly relevant to you. It's important to note that the plan is still subject to appeal by the third circuit court of appeals, which could potentially impact the submission, review, and settlement funding process to ensure fair compensation for plaintiffs.

Effective April 19, 2023, Hon. Barbara J. Houser (Ret.) assumed the role of Trustee for the Trust. Judge Houser bears ultimate responsibility for overseeing all Trust activities, including resolving Abuse Claims and managing the diverse assets within the Trust. For more information about Judge Barbara J. Houser, please visit the trustee's website at trustee's website link.

The Trust Distribution Procedures, also known as TDP, serve as the guidelines employed by the Trustee and Claims Administrators to determine the validity and value of each Abuse Claim.

Click here to learn more.

As part of the Plan, a settlement trust known as the Scouting Settlement Trust was established to handle Abuse Claims filed in BSA's Chapter 11 Case, as well as any covered Abuse Claims directed to the Trust. The Trust's responsibilities include evaluating, processing, and resolving eligible Abuse Claims. Additionally, the Trust will manage various assets, such as promissory notes payable to the Trust, liquidate assets transferred under the Plan, and pursue claims against insurance policies held by BSA and related parties to secure coverage and payments for valid Abuse Claims or convert insurance rights into cash for the benefit of eligible claim holders.

Claims will be individually reviewed by the Trustee and her team in accordance with the plan. Each claim will be assessed based on a first-come, first-served basis, utilizing the Trust Distribution Procedures (the approved rules for determining claim validity and value). If you are represented by our office, we will directly contact you to gather the necessary documents/information required for submission to the trustee's review. Further details about this process are provided below.

The Claims Processing Portal is an essential tool in the chapter 11 bankruptcy case against the Boy Scouts of America, filed in November 2020. This comprehensive online platform serves as a repository for all information submitted to the trustee. Only your attorney has access to this portal due to confidentiality reasons, so please contact your attorney should you have any questions about the posrtal. Each attorney's office has its own dedicated portal, containing the relevant details for their respective clients.

Within the portal, you attorney will find a range of crucial materials related to your claim. This includes every version of your submitted Proof of Claim Form as well as a blank questionnaire that your attorney will need to complete on your behalf for submission. Additionally, the trustee has diligently gathered any available documents from The Boy Scouts of America based on the information provided by you.

There are two distinct types of questionnaires, and the specific questionnaire you receive depends on the review process chosen by you and your attorney's office. Each questionnaire consists of a set of questions that play a vital role in helping the Trustee and her team assess the authenticity and worth of your claim. These questionnaires serve as one of the final documents required from you before the review of your case can commence. It's important to note that if your claim is deemed valid, you may be asked to provide additional information and documentation.

If you are a client with our office, we will personally contact you to provide detailed instructions and the necessary access to fill out these crucial documents. Our dedicated team member will guide you through the entire process, ensuring that we gather all the required information during your initial submission. Our goal is to minimize the need for multiple reviews, so we will work closely with you to ensure a comprehensive and accurate submission the first time around.

It is crucial to understand that the length of the questionnaire is necessary to fulfill several key requirements. Firstly, it aligns with the Trust Distribution Procedures (TDP) and the specific information needed to assess the value of your claim in accordance with these guidelines. Secondly, it accommodates the various insurance companies involved in the case, who have their own set of questions that must be answered to contribute to the trust. Lastly, it addresses any potential lien holders and the pertinent questions they need to be answered to ensure accurate and appropriate payment. The comprehensive nature of the questionnaire ensures that all relevant parties are accounted for and allows for a thorough evaluation of your claim.

1. Expedited Claims Questionnaire: To ensure your case is reviewed promptly, the deadline for submitting the expedited claims questionnaire is October 3rd, 2023. If you have chosen this option and are a client with our office, we will proactively reach out to you to collect the necessary information prior to the deadline.
2. Independent Review Claims: If your attorneys determine that your case qualifies, they will likely present you with the option of independent review. The deadline for selecting this option is February 16th, 2024.
3. TDP Review Selection: The TDP Review Selection now has a deadline of              
   May 31st, 2024.

At this time, there is no established process or option for amending a submitted questionnaire. Our goal is to gather as much information as possible before submitting your case. However, the Trust Administrator has expressed their intention to develop a process for amendments and will reassess previously reviewed claims if amendments are made after the initial review.

When filling out the questionnaire on behalf of an abuse survivor who has passed away, it is essential to provide documentation demonstrating that you are the executor of the survivor's estate and have the legal authority to represent their case. If you have limited information about the survivor's abuse story, there is no need to worry. The questionnaire includes sections where you can explain the impact of the abuse that you personally witnessed or were informed about by the survivor.

Our team is here to support you in completing the questionnaire if you require assistance. If you have any questions regarding the types of documents that are acceptable for this task, please do not hesitate to contact our office.

If our office is representing you, we will guide you through the process of completing all the necessary documents for your claim. Ultimately, we will submit your case for review through our attorney portal, as the final step requires obtaining a signature from your attorney. Rest assured that each case will undergo a thorough review prior to submission.

• Expedited Distribution Election (Quick Pay Option): By selecting this option, claimants can have their case resolved quickly through the expedited distribution of $3,500. This option is available if the claim is in accordance with the plan and confirmation order guidelines.
• Trust Claim Submission (TDP Review option): This option involves pursuing recovery from the settlement trust based on the Trust Distribution Procedures (TDP). Clients are required to submit their abuse claim for review by the trustee, following the outlined scaling factors of the TDP.
• Independent Review Option (IRO): The IRO option should be chosen carefully, as it involves a mini trial-like process. For more information about this option, please reach out to your attorney.

The expedited distribution election, also known as the Quick Pay Option, allows claimants to have their case resolved quickly with an expedited distribution of $3,500 if their claim aligns with the plan and confirmation order guidelines. However, please note that the deadline to select or change your vote for this option was in December 2022, and it cannot be modified at this time.

To determine if you have selected this option, please check your records or contact our office for confirmation.

After your attorney submits your claim for review, there will be a waiting period as the claims administrators team carefully examines your information and forwards it to the trustee. The trustee will then make the final decision regarding the amount of your settlement. Subsequently, your attorney's office will receive a settlement offer, giving you the option to accept, decline, or request reconsideration.

While the trust operates on a first-in, first-out (FIFO) basis, it is crucial to remember that submitting your case with comprehensive information is more important than rushing to be among the first submissions. The key is to ensure your case is thoroughly prepared, increasing the likelihood of it being accepted on the initial review.

During a recent town hall meeting on August 29th, the trustee emphasized that no cases will receive funding until an understanding of available percentages for distributing initial payments can be determined and fairly allocated among all clients with allowed claims. This means that once the submission deadline has passed, the trustee and her team will calculate the percentage of each client's award that can be distributed as a first payment based on the amount in the settlement trust that is not allocated to resolving liens. For example, if one client is eligible for a $1 million settlement and another for $2 million, and the trustee indicates that only 20% can be paid, each client will receive 20% of their settlement award.

The trustee has reassured that waiting is not necessary for those who are considering waiting to see what others may do or if the trust will receive additional funding. Each case will be assigned a settlement amount according to the parameters outlined in the trust distribution procedures, provided you have selected this option for review. If you have any further questions, please contact your attorney's office.

The Settlement Trustee carefully evaluates each Trust Claim Submission on an individual basis, following the established uniform procedures and guidelines outlined in the TDP (Trust Distribution Procedures). This evaluation involves assessing the evidence provided by the Abuse Claimant in their Proof of Claim, Trust Claim Submission, materials submitted as per the Document Obligations, as well as any additional materials or examinations, including Trustee Interviews.

Based on this comprehensive review, the Settlement Trustee will determine whether a Submitted Abuse Claim should be classified as legally valid and accepted as an Allowed Abuse Claim, or as legally invalid and categorized as a Disallowed Claim. It's important to note that simply filing your case with the bankruptcy court in November 2020 does not automatically classify it as an allowed claim.

If you have any questions, please don't hesitate to contact your attorney's office for further clarification.

The determination of your claim's worth can only be made by the trustee. After carefully reviewing the documents submitted to the trust by your attorney's office, which include the Proof of Claim Form, Questionnaire, and any supporting documents, the trustee will evaluate your case. If your claim is deemed allowed, the trustee will assign a settlement amount for your case, which will then be presented to you and your attorneys for approval or further review.

Though we cannot currently provide you with a specific timeline for potential claim settlement payments, the crucial factor in having a value assigned to your claim is to ensure that your claim is submitted for review to the trustee. If you are a client with our office, we will proactively reach out to you to guide you through this process. If you still have any questions, please feel free to contact our office directly for further assistance.

Currently, it is anticipated that settlement disbursements will be made in (at least) two payments if not more. This approach ensures that all survivors can receive fair compensation and allows for the continued distribution of payments to clients in a fair manner while ensuring the ongoing functioning of the trust.

Ensure that you keep your contact information updated with your attorneys' offices.

Share any additional information you deem relevant to your case with our BSA team, either as you recall it or to seek clarification.

Verify with our office that we have all the necessary information for the submission of your settlement packet to undergo the settlement trust review process.

Take the time to review our available resources to see if you can find any information that may pertain to your situation and your case.

While maintaining regular communication with your attorney's office is the most effective way to support your claim, unfortunately, there is currently no available method to accelerate the settlement process.

• IV Files (List of Confirmed BSA Abusers) - (LA Times)
• Map of Reported Abuse Locations
• RAINN
• Sexual Assault Hotline 1 (800) 656-HOPE
• The National Alliance on Mental Illness 
• Childhelp provides a helpline staffed by counselors available to talk through child abuse situations including survivors of abuse. They will also help research additional resources that may be available to you.

Disclaimer: Our firm does not endorse any one individual source, we recommend conducting your own research for supporting resources. 

The Scouting Settlement Trust is providing two plain-language online booklets for you to read to help you understand the background.

Take a look at the booklets here:

• Claimant’s Guide to Independent Review Option
• Claimant’s Guide to the Trust (“Matrix”) Claims Process

It is critical for clients to: 1. provide evidence of their participation in Boy Scouts, as well as 2. evidence of the identity of their abuser. We understand that in many cases this evidence simply does not exist or has been lost to the passage of time. Fortunately, there is a way to meet the evidence requirement even if you have no physical records. 

1. Proof of Participation in Scouting: Survivors who no longer have physical evidence of their time in the Boy Scouts can submit an affidavit from a friend or family member attesting to their participation in scouting.
2. Proof of Abusers' Participation in Scouting: In addition to evidence of your participation in Boy Scouts, the Court has also requested any evidence showing that the abuser was involved with Scouting, worked or volunteered with a Local Council or Sponsoring Organization (like a church), or was present at a Scouting-related event where the abuse occurred (like a camping trip). Survivors who have no evidence of the identity of their abuser can use the previously discussed affidavit signed by a friend or family member. The affidavit does not need to identify the abuser by name. It is enough to identify the abuser’s connection to the Boy Scouts.

**For example, a parent might sign an affidavit stating that the abuser was the Scout Leader for the survivor’s troop, or a volunteer who accompanied the troop on camping trips, or an Assistant Scout Leader who attended troop meetings. The key is to be as detailed as possible when describing the abuser’s connection to Boy Scouts. **

In addition to the affidavit, the Court has requested any photographs that can support the above, membership cards, scouting rank information, court records, abuser arrest records, or any other documents establishing the abuser’s identity. If you have any of these documents, please send them to us as soon as possible.

Affidavit Requirements

Please note the affidavit cannot be completed by the survivor. It must be completed by a third party over the age of 18, often a friend or family member. The person that completes the affidavit must have known the survivor when they were actively participating in scouting. Additionally, the person who completes the affidavit can only swear to the accuracy of information that is within their personal knowledge. The affidavit must be signed in the presence of a notary public to be legally valid. Once the affidavit has been notarized, please send us a copy to bsaclaims@jasonjoylaw.com

To download the affidavit, click here.

Disclaimer: Our firm does not endorse any one individual source, we recommend conducting your own research for supporting resources.