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 portal. Each attorney's office has its own dedicated portal, containing the relevant details for their respective clients.

Within the portal, your attorney can view crucial materials related to your claim. This includes every version of your submitted Proof of Claim Form, your Claims Questionnaire, any documents you and your attorney submitted to support your claim, and trust-requested documentation/correspondence. 

There are three distinct types of Claims Questionnaires, and the specific questionnaire you completed 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 potential settlement value 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 allowable, you may be asked to provide additional information and documentation.

The deadline to complete/submit Claims Questionnaires for the trust's review passed on July 26th, 2024. However, in some extreme circumstances, the Trustee will accept late-filed claims. 

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 deadline was initally              
   May 31st, 2024, later moved to July 26th, 2024.

All deadlines to submit claims for potential settlement review have passed. 

If you experienced an extreme circumstance that prevented you from meeting these deadlines, the trustee may be willing to accept your claim. Be sure to reach out to your attorney to discuss your options. 

If you have legal representation, your attorney should have helped you complete the necessary documents, obtained your signature, and submitted your case for review through their attorney portal, as the final step requires their signature. 

• Expedited Distribution Election (Quick Pay Option): By selecting this option, claimants can have their case resolved  through the expedited distribution of $3,500. This option is available if the claim is in accordance with the plan and confirmation order guidelines. Note!The option to select this review ended in 2022.
• Matrix Review Option: This option involves pursuing recovery from the settlement trust based on the Trust Distribution Procedures (TDP). 
• Independent Review Option (IRO): The IRO option should be chosen carefully, as it involves a mini trial-like process that required a $20,000 payment. 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 with minimal review at an expedited distribution of $3,500 if their claim aligns with the plan's guidelines. However, please note that the deadline to select or change your vote for this option was in December of 2022, and it cannot be modified at this time.

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

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

During the review of your claim, the Trust may identify areas requiring additional information. In such cases, they will contact your attorney to request the necessary details or may ask to speak with both you and your attorney directly. These requests come with a specified deadline, making it crucial to respond promptly, as failure to do so could result in claim disallowance or a reduced claim value. Be sure you are communicating with your attorney and provide them with any new contact information they may need. 

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 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.