Timeline for key motions and actions regarding USA Gymnastics’ bankruptcy case
USA Gymnastics filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of Indiana on December 5, 2018. This timeline provides an overview of the major events in the case, including key motions filed and orders entered. The events listed in this timeline are in reverse chronological order, which means the most recent actions appear first. This timeline is only a summary and does not contain any of the actual pleadings or orders contained in the court’s record. A searchable list of all items in the court’s docket may be found on Omni Agent Solutions’ website.
August 2020
  • 26 - The court hears the joint motion requesting that the court conduct a settlement conference and takes the matter under advisement, indicating that it will render its decision on the motion in the future.
  • 26 - The court denies the motions of Terin Humphrey and Jane Doe JJ to allow their late filed claims to be treated as timely.
  • 24-25 - Several insurers file objections to the joint motion of USA Gymnastics and the Tort Claimants Committee requesting that the court conduct a settlement conference.
  • 20 - Joint motion filed by USA Gymnastics and the Tort Claimants Committee, requesting the court to conduct a settlement conference at which USA Gymnastics, the Tort Claimants Committee, the US Olympic and Paralympic Committee and all insurers must appear and participate.
  • 3 - Motion filed by Jane Doe JJ to allow late filed claim to be treated as timely.
July 2020
  • 30 - Motion filed by Terin Humphrey to allow late filed claim to be treated as timely.
  • 2 - Motion filed by Twistars USA Gymnastics Club, Inc., Twistars USA, Inc., John Geddert and Kathryn Geddert for a court order compelling withdrawal of certain complaints filed against them, finding Plaintiff’s in contempt of court and finding a violation of the automatic stay.
  • 2 - Notice scheduling a hearing on Twistar’s motion for July 29, 2020 and setting July 22, 2020 as the deadline for filing responses to the motion.
June 2020
  • 19 - The court requires USA Gymnastics, the survivors committee, the U.S. Olympic and Paralympic committee and all insurance carriers to participate in a joint mediation sometime between July 27 and August 14, 2020.
  • 19 - The court reschedules the hearing on approval of USA Gymnastics disclosure statement from June 24 to October 19, 2020.
  • 19 - The court sets August 27, 2020 as the deadline for USA Gymnastics to file an amended plan and disclosure statement.
  • 11 - The court authorizes USA Gymnastics to obtain Paycheck Protection Program loan.
  • 10 - Objections to USA Gymnastics disclosure statement filed on behalf of 8 individual abuse survivors.
  • 10 - Separate objections and reservation of rights regarding USA Gymnastics disclosure statement and plan filed by National Casualty Ins. Co., TIG Ins. Co., Great American Ins. Co., ACE American Ins. Co. and National Union Fire Ins. Co. of Pittsburgh.
  • 10 - United States Olympic and Paralympic Committee files a request that USA Gymnastics supplement its disclosure statement and that the court overrule the survivors committee’s objection to USA Gymnastics’ plan.
  • 2 - Objection to USA Gymnastics disclosure statement filed by Gedderts Twistars USA Gymnastics Club, Inc., Twistars USA, Inc. and John and Kathryn Geddert.
May 2020
  • 28 - USA Gymnastics files a motion requesting court approval to obtain a loan of $804,565.00 from the Federal Paycheck Protection Program.
  • 27 - The court further extends until September 28, 2020 the period for the organization to request that lawsuits be moved from state court to bankruptcy court.
  • 19 - Objection to USA Gymnastics’ disclosure statement filed by the survivors committee.
  • 18 - The court schedules June 24, 2020 as the date of the hearing on approval of USA Gymnastics disclosure statement.
  • 18 - USA Gymnastics files a complaint against the U.S. Small Business Administration (SBA) seeking a declaration that it is eligible for the government’s Paycheck Protection Program (PPP) and enjoining the SBA from denying USA Gymnastics access to PPP funds based solely on its status as a Chapter 11 debtor
  • 6 - USA Gymnastics files its motion to further extend until September 28, 2020, the period for the organization to request that lawsuits be moved from state court to the bankruptcy court.
April 2020
  • 27 - The court postpones the April 29 status conference concerning the motion to dismiss USA Gymnastics chapter 11 case, filed on behalf of the survivors committee, to May 27.
  • 13 - Objection to USA Gymnastics disclosure statement filed by Twistars USA, Inc., Gedderts’ Twistars USA Gymnastics Club, Inc., and John and Kathryn Geddert.
  • 13 - The court further extends the deadline for filing objections to USA Gymnastics’ disclosure statement to May 5.
March 2020
  • 24 - The court extends the deadline for filing objections to USA Gymnastics’ disclosure statement to April 13.
  • 23 - The court postpones the March 31 hearing on approval of USA Gymnastics’ disclosure statement due to the COVID-19 pandemic. The hearing is to be rescheduled at a later time.
  • 11 - The court denies an application filed by the survivors committee to employ Gibbons Advisors, LLC as its financial advisors.
February 2020
  • 21 - USA Gymnastics files its first amended plan of reorganization. The amended plan contains minor revisions that do not change the substantive proposal made in the original plan of reorganization.
  • 21 - USA Gymnastics files its disclosure statement outlining the terms of its first amended plan of reorganization.
  • 21 - USA Gymnastics files a motion requesting that the court: (a) approve the disclosure statement, (b) establish deadlines for voting on the amended plan and (c) approve procedures for tabulating votes on the amended plan.
  • 21 - The court sets March 24 as the deadline for filing objections to USA Gymnastics’ disclosure statement and schedules a hearing on March 31 to consider approval of the disclosure statement.
  • 10 - The Court sets February 24 as the deadline for USA Gymnastics to file its disclosure statement outlining the terms of its January 30 plan of reorganization. Upon approval of the disclosure statement by the Court, the disclosure statement and the plan may be sent to all creditors with a request that each creditor vote on the plan.
  • 10 - The Court cancels the February 20 hearing on the motion filed by the survivor’s committee to dismiss USA Gymnastics chapter 11 case. The Court schedules a status conference on the motion to dismiss for March 25, 2020.
January 2020
  • 30 - USA Gymnastics files its plan of reorganization. Among other actions, the plan proposes to assign 100% of the organization’s liability insurance coverage to a trust to be used solely for the benefit of abuse survivors.
  • 22 - The Court extends until April 3, 2020 the period of time during which the organization has the exclusive right to propose a plan of reorganization and until May 29, 2020 as the period of time during which the organization has the exclusive right to solicit acceptances of the plan.
  • 22 - The Court extends until May 29, 2020, the period for the organization to request that lawsuits be moved from state court to the bankruptcy court.
  • 21 - A motion to dismiss USA Gymnastics’ Chapter 11 case is filed on behalf of the survivors committee. A hearing on the motion is scheduled for February 20, 2020.
  • 17 - USA Gymnastics files its objection to a class action claim against the bankruptcy estate. The class action claim alleges that the organization violated the “Protecting Young Victims from Sexual Abuse and Safe Sport Act of 2017” (The “Act”), as a result of actions which allegedly occurred up to 40 years ago. The objection asserts that actions that took place before 2017 are not covered by the Act. It also asserts that the class action claim should be disallowed because class action claims are discouraged by the bankruptcy code. The claimant has until March 11, 2020 to respond to the objection.
December 2019
  • 31 - USA Gymnastics files a motion to extend, until April 3, 2020, the period of time during which the organization has the exclusive right to propose a plan of reorganization and until May 29, 2020 as the period of time during which the organization has the exclusive right to solicit acceptances of the plan.
  • 31 - USA Gymnastics files a motion to extend until May 29, 2020, the period for the organization to request that lawsuits be moved from state court to the bankruptcy court.

    Both of the motions filed on December 31 are routine requests, particularly while a debtor is negotiating with creditors in an effort to reach an agreed upon plan of reorganization.
  • 19 - The court approves USA Gymnastics Nov. 27 request to enter into a lease for interim training facilities for women’s gymnastics in Indianapolis from January 2020 until December 2021.
November 2019
  • 27 - USA Gymnastics files a motion to enter into a lease for interim training facilities for women’s gymnastics in Indianapolis, from January 2020 until December 2021.
  • 26 - The court approves USA Gymnastics motion to extend, until February 3, 2020, the period of time during which the organization has the exclusive right to propose a plan of reorganization and until March 31, 2020 as the period of time during which the organization has the exclusive right to solicit acceptances of the plan.
  • 4 - USA Gymnastics files a motion to extend, until February 3, 2020, the period of time during which the organization has the exclusive right to propose a plan of reorganization and until March 31, 2020 as the period of time during which the organization has the exclusive right to solicit acceptances of the plan. These motions are routine requests, particularly while a debtor is negotiating with creditors in an effort to reach an agreed upon plan of reorganization.
October 2019
  • 22 - The bankruptcy court authorizes USA Gymnastics to meet its lease obligations for the national office at 130 E. Washington St. in Indianapolis.
  • 15 - The court approves USA Gymnastics’ request to extend its exclusive right to file a plan of reorganization to the court until Dec. 3, 2019. The court also authorized extending the period for USA Gymnastics to request for the pending lawsuits to be moved to the jurisdiction of the bankruptcy court.
September 2019
  • 26 - The court approves the request to appoint Paul Van Osselaer to mediate disputes concerning USA Gymnastics’ available insurance coverage to resolve claims with the survivors.
  • 24 - The court approves USA Gymnastics’ request to reimburse certain expenses and pay certain bonuses based on performances at the 2018 World Championships to coaches, athletes and member clubs.

    The court authorizes USA Gymnastics to increase the organization’s available credit line from $400,000 to $600,000 for corporate credit cards issued by PNC Bank.

    The court authorizes USA Gymnastics to retain the services of Odgers Berndtson, an executive search firm, to assist in identifying qualified individuals to serve as the vice president of safe sport and the chief communications and marketing officer for the organization.
August 2019
  • 29 - USA Gymnastics files a motion to allow it to pay 2018 World Championships bonuses and reimbursements to certain USA Gymnastics coaches and clubs who are expected to participate in the 2019 World Championships. The motion asks the Court to authorize payment of up to $107,817. It is USA Gymnastics’ intent that other, similar creditors who are not named in the motion will be paid at a later time.
  • 27 - USA Gymnastics files a motion asking the court to rule on the existence of insurance policies from TIG, which cover four years in the late 1980s. While neither TIG nor USA Gymnastics has the original policies, USA Gymnastics believes that TIG was the insurance carrier for those years based on secondary evidence and the opinion of an expert witness.
  • 8 - USA Gymnastics files two motions asking the court to rule on issues that clarify the amount of insurance available from two of its multiple insurance carriers.
July 2019
  • 25 - The court authorizes USA Gymnastics to continue leases for its training facilities for women’s gymnastics in Sarasota, Fla., and Crossmill, Tenn., through late November and early December 2019, respectively.
June 2019
  • 11 - The court directs USA Gymnastics to produce certain records and denies other discovery requests made by the survivors committee.
May 2019
  • 17 - The court authorizes USA Gymnastics to borrow funds from Virginia Surety Company and Great American Assurance Company.

    The court appoints Fred Caruso as the future claims representative for sexual abuse claimants who may assert claims against USA Gymnastics in the future.

    The court appoints Judge Gregg W. Zive to mediate the claims of sexual abuse survivors filed against USA Gymnastics.
April 2019
  • 30 - USA Gymnastics learned of a lawsuit filed in federal court in Indiana in violation of the bankruptcy court’s stay. The plaintiff’s attorneys agreed to dismiss the lawsuit.
  • 29 - April 29 is the claims bar date, which marks the conclusion of the period when individuals and most other entities can file claims against USA Gymnastics in the bankruptcy court.
March 2019
  • 29 - The court authorizes USA Gymnastics to enter into an employment contract with Li Li Leung as its new president and CEO.

    USA Gymnastics files papers asking to extend the automatic stay of actions to certain co-defendants in some of the pending litigation. Upon agreement of all parties, the court grants this request on April 17, 2019.
February 2019
  • 25 - The court sets April 29, 2019, as the claims bar date, the last day for filing claims against USA Gymnastics. USA Gymnastics provides very broad notice of the deadline for filing claims against the organization: bar-date notice recipients include current and former members for whom USA Gymnastics had mailing or email addresses, such as athletes, coaches, judges, gym clubs and their owners, and administrators, others throughout the community and business-related creditors; notice of the bar date is posted on its Twitter, Facebook, and Instagram platforms, website and the bankruptcy claims administrator website; and notice of the bar date is published in USA Today, leading gymnastics publications, including Inside Gymnastics and International Gymnast, MeetScoresOnline.com, and the Gymcastic podcast. The bar date for claims expires on April 29, 2019, at 4 p.m. ET.

    The court authorizes USA Gymnastics to maintain and operate the bank accounts for the organization’s state and regional committees in accordance with pre-bankruptcy practices.
  • 7 - Pursuant to the Bankruptcy Code, USA Gymnastics meets with its creditors. The focus of this meeting is solely on financial issues. USA Gymnastics’ chief financial officer responds to questions.
  • 1 - USA Gymnastics files a proceeding asking the court to determine the scope of its insurance coverage for claims made by the sexual abuse survivors. USA Gymnastics believes that having one coordinated legal action to resolve this issue will streamline the organization’s ongoing efforts to work toward resolution of the claims made by the survivors of sexual abuse.
January 2019
  • 25 - USA Gymnastics files a schedule of income and expenses for the month ending Nov. 30, 2018, a standard requirement of the bankruptcy process. The schedule contains a summary of the financial transactions in the month immediately prior to USA Gymnastics’ commencement of its bankruptcy case. The schedule also includes a pass-through line item of an income and expense entry for the National Gymnastics Foundation, which is a stand-alone non-profit organization with its own Board of Directors, tax identification number and bylaws. The NGF is not a debtor and is separate from USA Gymnastics. USA Gymnastics is the only debtor in the bankruptcy proceeding.
  • 18 - USA Gymnastics files its Statement of Financial Affairs (SOFA) and related schedules, which is a required part of the Chapter 11 bankruptcy process. The schedules contain certain financial and other information about USA Gymnastics, including some payments to current and former employees. A portion of these schedules were later amended. The amendments were filed with the court on January 28.
  • 10 - USA Gymnastics is working diligently to address the performance-based direct athlete funding payments from the United States Olympic Committee for 2019. At the beginning of each year, qualified athletes must renew the Performance Partnership Agreement for the coming year. These payments are paid directly by the USOPC to eligible athletes and has not been affected by the USA Gymnastics Chapter 11 reorganization filing. The athletes received their direct funding by mid-January 2019. A similar situation occurred in January 2018, and the administrative process for renewing the payments for 2019 is in progress.
December 2018
  • 19 - The United States Trustee, who oversees pending Chapter 11 bankruptcy cases, appoints an Additional Tort Claimants Committee of Sexual Abuse Survivors to represent the interests of sexual abuse survivors who assert claims against USA Gymnastics.
  • 5 - USA Gymnastics files a voluntary petition for protection under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of Indiana. This filing will enable USA Gymnastics to continue to support its athletes, to fully operate and meet its responsibilities to the entire membership and to expeditiously resolve the claims made by the survivors of sexual abuse.