BSA Bankruptcy

Filed Feb 18th, 2020

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Frequently Asked Questions


On February 18, 2020, the national organization of the Boy Scouts of America (the "BSA") and Delaware BSA, LLC (collectively, the "Debtors") filed voluntary petitions (the "BSA Cases") for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. $$ 101 et seq. (as amended, the "Bankruptey Code").

The questions and answers that follow provide general information concerning the BSA bankruptcy, the Official Committee of Unsecured Creditors of the Boy Scouts of America and Delaware BSA, LLC (the "Committee"), and various topics related to the BSA Cases and the Committee. Please note that nothing contained herein is or is intended to be legal advice to any party in the case, and is being provided for convenience only; you should consult with your own lawyer regarding your rights in the bankruptey cases, as applicable.

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What is the Committee?
Pursuant to the Bankruptcy Code, the United States Trustee (the “UST”) is authorized to appoint a committee of creditors holding unsecured claims as soon as practicable after the filing of a case. Generally a creditors’ committee is a group of general unsecured creditors appointed to represent, in a fiduciary capacity, the interests of all general unsecured creditors. In such role, creditors’ committees act to protect and promote the interests of general unsecured creditors by, among other things, monitoring a debtor’s business operations, investigating its business and financial affairs, and negotiating the terms of a plan of reorganization.  

In accordance with this authority, on March 5, 2020, the UST appointed the Committee
[Docket No. 141].
What is the Committee’s role in the BSA Cases?
Pursuant to the Bankruptcy Code, the Committee may: (1) consult with the trustee or debtor in possession concerning the administration of the cases; (2) investigate the acts, conduct, assets, liabilities, and financial condition of the Debtors, the operation or the Debtors’ business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (3) participate in the formulation of a plan, advise those represented by the Committee of its determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan; (4) request the appointment of a trustee of examiner under section 1104 of the Bankruptcy Code; and (5) perform such other services as are in the interest of those represented.

There is a separate committee consisting of nine survivors of childhood sexual abuse, which represents the interests of sexual abuse survivors. For more information about this committee, please visit the survivors’ section of the Debtors’ restructuring site: www.OfficialBSAClaims.com.
Who are the members of the Committee?
- Pension Benefit Guaranty Corporation
- Girl Scouts of the United States of America
- Roger A. Ohmstede
- Pearson Education, Inc.
- Lion Brothers Inc.
Who represents the Committee?
The Committee has retained (i) Kramer Levin Naftalis & Frankel LLP to act as its counsel, (ii) Reed Smith to act as its Delaware co-counsel, and (iii) AlixPartners to act as its financial advisor.
Does the Committee represent individual creditors?
No. The Committee is an estate fiduciary that represents the interests of all unsecured creditors through oversight of and negotiations with the Debtors. Neither the Committee nor its counsel represent individual creditors that may have claims in the BSA Cases.
Who represents the United States Trustee in the BSA Cases?
The trial attorney assigned to the BSA Cases by the UST is David L. Buchbinder.
What role does the United States Trustee Play?
The United States Trustee Program is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases. For further details on the United States Trustee’s role, please visit the website of the UST at http://www.justice.gov/ust/r03/index.htm.
How long will the BSA Cases take?
There is no specific time estimate for the BSA Cases. Large bankruptcy cases, such as these, can take many months (and in some cases years) to complete.
Who is the judge presiding over the BSA Cases?
The BSA Cases are assigned to the Honorable Laurie Selber Silverstein, United States Bankruptcy Judge for the District of Delaware.