The Buffalo Diocese is seeking a halt on all outstanding sexual abuse lawsuits while it files for bankruptcy protection. The Buffalo Diocese bankruptcy filing comes after the church cut off financial support for priests facing substantiated abuse allegations.

Roughly 250 lawsuits have been filed against the diocese under the New York Child Victims Act (CVA) since August, according to US News. Representation for victims currently suing the diocese see its bankruptcy filing as an attempt to negotiate in bad faith.

New York Child Victims Act

The New York CVA was passed last year in an effort to make it easier for victims of childhood sexual assault to file charges or civil actions against their former abusers. Previously, the statute of limitations on these sorts of abuse made it difficult for survivors to file because victims often are not emotionally ready to make a claim before the window closes.

The CVA gives victims of childhood abuse until the age of 28 to file criminal charges and until 55 to sue for monetary damages. The Act also establishes a one year “look back” window for survivors whose cases have already expired.

Recently, victims groups have expressed some concern that the coronavirus pandemic might make it harder for those who would like to file to take advantage of the “look back” window. In response, Governor Andrew Cuomo extended the window into 2021, as reported by Law.com.

Buffalo Diocese Bankruptcy Filing

With the start of the Buffalo Diocese bankruptcy filing, all lawsuits facing the church were temporarily halted. Unless the diocese is granted a permanent injunction, these cases may be moved to the state supreme court.

“Pausing litigation will allow for all parties to engage in settlement negotiations in the context of the diocese’s Chapter 11 case and to attempt to reach a global resolution of all claims (including claims against parishes and schools), without the distraction of piecemeal litigation,” the diocese said in a statement.

The diocese argues that continued litigation would potentially reduce settlement amounts for survivors. However, US News reports that victims’ legal representation argue that the Buffalo Diocese bankruptcy filing is merely a way to deny clients their day in court.

“This legal maneuver by the Diocese of Buffalo is just another example of the Catholic Church coldly putting its needs before the needs of victims,” said legal representation for 39 victims filing suits against the Buffalo Diocese.

Buffalo Diocese Cuts Financial Support for Priests

As a part of the Buffalo Diocese bankruptcy filing, the church has announced they would no longer provide financial support and health benefits for 23 priests who are facing substantiated accusations of sexual abuse. Instead, the church said it would direct these priests to other available resources for their health insurance and other needs, as WGRZ reports.

“Following discussions and subsequent agreement with the Creditors Committee, which has been appointed as part of the Diocese of Buffalo’s Chapter 11 process, the Diocese will cease all financial support and health benefits for priests with substantiated allegations of sexual abuse, effective May 1, 2020. None of the 23 individuals affected currently has faculties to function as a priest within the Diocese,” the interim communications director for the Buffalo Diocese, Greg Tucker, said in a statement to WGRZ.

However, according to Buffalo News, Pope Francis is now being asked by the lawyer for Rev. Samuel Venne to reverse the decision by the Buffalo diocese to no longer support these priests.

Rev. Venne is one of the 23 priests involved in the decision made as a part of the Buffalo Diocese bankruptcy filing. Venne’s lawyer argues that the diocese is required under Canon Law to support priests, even if they’ve been credibly accused of sexual abuse of a child. However, the decision was made by the diocese due to federal bankruptcy law, something which supersedes Canon Law.

“There’s no canon law that overcomes the bankruptcy code,” an attorney representing 100 plus abuse victims against the church told Buffalo News. “In bankruptcy, you’re allowed to spend money on anything that furthers the mission of your organization. The fact is priests that don’t say Mass, priests that are credibly accused and have been suspended – they don’t further the mission.”

This article is not legal advice. It is presented
for informational purposes only.