A creditors’ committee representing the Archdiocese of Baltimore is proposing a February 2024 deadline for survivors of alleged sexual abuse to come forward to make claims for compensation as the Church files for chapter 11 bankruptcy.
Survivors and those representing them are adamantly pushing back against that proposal, stating that the deadline is too short of a timeframe for survivors to be notified about the claims and, for some, to come to terms with their abuse and reach out.
“Now the rules of the game have suddenly changed,” said Robert Jenner, managing partner at Jenner Law, which represents some of the victims. “The survivors need to speak with somebody to get advice, because if we are talking three months, that's quick, and there are forms, and there are deadlines.”
The deadline is unlikely to stick, and survivors and their lawyers say they will push for a two-year window for people to come forward with claims.
The bankruptcy process’s time limit on claims is a departure from what alleged victims were expecting after the passage of the Child Victims Act in Maryland. That law got rid of the statute of limitations to sue alleged abusers in civil court.
However, the court put a stay on all cases against the Archdiocese after it filed for bankruptcy. Instead, under the bankruptcy process, the court will take into account all the assets of the Church and then survivors will have a chance to file a claim for compensation.
The court, along with those involved, need to come to an agreement over the appropriate amount of time for people file.
“There needs to be a balancing act between people learning of the of the bankruptcy case itself, and having an opportunity to decide if they want to stand up publicly,” said Gordon Novod, another attorney representing the victims. “They also need time to consult with counsel and talk to lawyers about how to fill out what is always unfortunately for the layperson.”
Church Assets
Earlier this week, the Archdiocese released a filing of its assets to the public as part of the proceedings.
The Church claimed its worth more than $200 million, which could be used to pay survivors. However, that did not account for any of the Archdiocese’s parishes’ assets.
Many survivors are concerned that the Church may have transferred assets in the past to individual parishes to diminish its perceived cost.
During a Monday hearing at the United States Bankruptcy Court for the State of Maryland, the Church said it would release the details of some of the transfers. However, it’s not clear how many of them. Novod said if the survivors feel like the Church is not providing all the needed information, it is possible to ask the court to lean on the Church to release more information.
Another question still lurking is which parishes are under the jurisdiction of the Archdiocese in terms of the bankruptcy. Those who are under the umbrella will be protected from being sued under the Child Victims Act by the bankruptcy proceedings, Novod said.
However, if they are not under that purview, then survivors will be able to sue those parishes individually.
