Bishop David Bard provides detailed instructions for local churches to file a claim against the Boy Scouts of America. This must be done before November 16, 2020.
BISHOP DAVID BARD
Michigan Area
Earlier this year, the Boy Scouts of America (“BSA”) filed for bankruptcy to protect itself against a growing number of sexual abuse claims made against it. This bankruptcy process is intended to allow the BSA to deal with these claims – through the creation of and payment from a victim’s compensation trust fund – and still continue its operations. As is typical in bankruptcy proceedings, the court has established a “Bar Date,” which is the deadline for potential creditors to file claims against the BSA (the debtor). The Bar Date in this case is November 16, 2020, at 5:00 p.m. eastern time. Instructions on how and where to file a proof of claim are set forth below.
This deadline not only applies to claims of potential victims, but also to any other individual or entity that may have a claim against the BSA, including chartered organizations that have, or potentially could have, claims for indemnification, contribution, or insurance coverage. This is a critical piece of information for our denomination, as United Methodist local churches make up the largest collection of chartered organizations in the country. And given that the BSA has provided some level of insurance coverage to chartered organizations for approximately 35 years, the rights/interests of a United Methodist local church that is currently, or was previously, a chartered organization may be impacted by this bankruptcy process, even if it has not yet been threatened with a lawsuit related to its current or former troop.
If your church is aware of any known or potential claim against the BSA, local BSA council or your church based on boy-scout-related activity, we recommend that you consult with a licensed attorney immediately. Otherwise, if your church has ever chartered or otherwise sponsored a Boy Scout troop, Cub Scout Pack, Venturing Crew, Sea Scouts ship, STEM Scouts lab, or an Explorer post in the past, or if it does so now, it should file a “Proof of Claim” with the Bankruptcy Court by the November 16, 2020 Bar Date to ensure its rights to applicable insurance, indemnification, or contribution are preserved. Again, even if you do not know today of any potential claim against your church, your church should still file a Proof of Claim. If your church does not file a Proof of Claim so that it is received by the Bar Date, and a claim is later filed against your church relating to sexual abuse that occurred before February 18, 2020, the BSA and its insurance companies are likely to refuse to participate in the resolution of the sexual abuse claim. This would leave the local church as the primary and likely sole defendant in the sexual abuse lawsuit.
Filing a Proof of Claim does not guarantee payment should a future claim arise. However, failure to file a Proof of Claim now will bar any recourse against BSA should a claim exist or a future claim arise relating to sexual abuse that occurred before February 18,2020.
IMPORTANTLY: the annual conference cannot file Proofs of Claim on behalf of local churches. Instead, your local church must file its own Proof of Claim with the Bankruptcy Court. Nor are we able to hire Delaware attorneys to do this work for the Michigan Conference as we first believed.
Once your church has completed and submitted its Proof of Claim, please let the conference know it has done so by sending an email to Deana Nelson, Executive Assistant to the Bishop, [email protected]. Having a complete list of churches that have filed Proofs of Claim will be important as the bankruptcy proceeding moves forward.
Thank you for attending to this important matter.
This communication is intended solely to provide information to local churches about an important issue. By sharing this information, the conference is not engaged in providing legal advice, and no attorney-client relationship has been created. If your local church determines it needs legal advice on this issue, it should seek the services of a licensed attorney.
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HOW TO FILE YOUR PROOF OF CLAIM
There are two ways to file a Proof of Claim – online or U.S. mail.
Remember that your Proof of Claim must be received on or before the Bar Date at 5:00 p.m. Eastern Time.
See the attached Sample Proof of Claim.
TO FILE ONLINE:
- Use this link to create an account for the online POC submission portal
- The email address used to create the account will receive an activation request. Click on the link in the activation email within 48 hours in order to finalize the account creation.
- Once the account has been created and activated, use this link to log into the account.
- After logging in, click on the green “Create New Claim” button. This brings you to the “Claim Editor” section of the site.
- After naming your claim at the bottom of the “Start Claim” tab (which can simply be the name of your church), click the blue “Accept and Continue” box. This will take you to next tab.
- Use the attached line-by-line instructions to help you fill out the information required in each tab. Before moving to the next tab, be sure to click on the green “Save Changes” box.
- After filling out all of the information, click on the “Review Claim” tab, and ensure all information has been entered correctly.
- Then select the “Sign & File” tab, select “I am the creditor,” and fill in the information for the church representative who will sign the Proof of Claim.
- After ensuring all information is correct, and after filling in the signature information, click on the green “Save Changes” box, then the blue “File Your Claim” box.
TO FILE BY UNITED STATES POSTAL SERVICE:
- Use this link to download the Proof of Claim form.
- Use the attached line-by-line instructions to help you complete the form.
- Also attached to this letter is a blank Proof of Claim that you can use.
- Once the form is completed, print it out and have it signed by the appropriate local church representative.
- Mail the completed and signed form to:
Boy Scouts of America Claims Processing
c/o Omni Agent Solutions
5955 De Soto Ave., Suite 100
Woodland Hills, CA 91367
If you need additional information (not including legal advice) about the Bar Date, Proof of Claim form, filing the Proof of Claim form or other information about the Debtors’ bankruptcy cases, you can contact the Claims and Noticing Agent by:
Calling (toll-free): 866-907-BSA1
Emailing: [email protected]
Visiting: http://omniagentsolutions.com/bsaclaims
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LINE-BY-LINE INSTRUCTIONS FOR FILLING OUT A CLAIM
Attached to this letter is a SAMPLE Proof of Claim intended to provide guidance for your church to fill in the blanks in the Proof of Claim form. What follows is a line-by-line description of what is in the Proof of Claim form and how to complete it.
REMEMBER to date and sign the form. Also, print your full name and title.
LAST STEP: AFTER YOU HAVE FILED THE PROOF OF CLAIM, PLEASE LET THE CONFERENCE KNOW THAT YOU HAVE FILED THE CLAIM by sending an email to: Deana Nelson, Executive Assistant to the Bishop at [email protected].
Last Updated on November 1, 2023