Judge Endorses Giving Survivors a Choice to Pursue More Compensation

We helped lead the opposition to the BSA’s first proposed bankruptcy plan, which was voted down by survivors. We then negotiated new terms that give survivors a choice: 1) they can choose to be done with their claim and receive one level of compensation, or 2) they can choose to do a little more work, largely through their lawyers, and potentially receive a lot more compensation.

We also negotiated new terms that allow survivors to pursue more evidence regarding their claim so they can try to learn how the abuse happened -- who knew what, and when, and who failed to protect them. We also opposed the Mormon Church's settlement offer as inadequate.

On July 29, 2022, the bankruptcy court issued a 200+ page opinion that endorses the new terms we negotiated and rejected the Mormon Church's settlement offer. If a lawyer helped you file a claim in the bankruptcy, make sure you ask them what the judge’s decision means for you, and what options you have to pursue more compensation and to gather more evidence about your claim. If your lawyer won’t answer those questions in writing, you should consider contacting us or consulting with another lawyer to make sure you understand your rights and can make an informed decision about your rights.

Estimated Recovery Calculator -- Understanding Your Right to Pursue More Compensation

In order to decide whether to exercise their right to pursue more compensation, most survivors want to know how much they are estimated to receive under the BSA's proposed bankruptcy plan if they choose not to do more work (or to have their lawyers do more work). The rest of this page allows you to calculate how much the Tort Claimants' Committee ("TCC") estimates you may actually receive under the BSA's proposed bankruptcy plan and a global settlement fund of approximately $1.6 billion. As you may know, the TCC is the court-appointed committee of abuse survivors who are responsible for acting in the best interests of all abuse survivors.

The TCC's estimates are the average amount it believes survivors who filed a viable claim in the bankruptcy might obtain under the BSA's proposed bankruptcy plan and a global settlement fund of approximately $1.6 billion. The average estimates vary on where someone was abused and the type of abuse they endured. The $1.6 billion has already increased to approximately $2.4 billion and may increase more (see below). The TCC's estimates do not include how much you might receive if you exercise your right to pursue more compensation.

Moreover, a significant portion of the settlement fund will likely be reduced in order to pay holders of "Future Abuse Claims," which are people who come forward in the future and are eligible for compensation under the BSA's proposed plan. You can read more about the TCC's estimates by clicking here (save the document and then start reading on page 35), including other reasons why the TCC's estimates may go up or down and why a person's individual award may go up or down.

Note: On December 13, 2021, the BSA announced a proposed settlement with Century insurance company for $800 million, plus an additional $40 million from the local councils. With these amounts, the BSA's proposed global settlement fund would be approximately $2.4 billion. For simple math, you can increase the TCC's estimates by about 50%.

As noted above, we fought hard to make sure survivors who want to pursue additional compensation have a right to do so, above and beyond the TCC's estimated recovery for their claim. If you filed a claim in the bankruptcy, make sure you understand your right to pursue that additional compensation and make sure you seek written legal advice about whether you should try to pursue more compensation. If a lawyer has told you that they will only represent you "in the bankruptcy," make sure you understand what that means and whether they are not telling you about the right you may have to pursue more compensation, including outside of the bankruptcy.

Please answer the two questions below and press the button to see the TCC's estimate of the average recovery for this type of claim. Again, given the BSA's proposed settlement fund is now approximately $2.4 billion (see above), you should increase the estimated average recovery by about 50% to account for a global settlement fund of approximately $2.4 billion.